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WPIC 50.51 Marijuana—Definition

11 WAPRAC WPIC 50.51Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 50.51 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VIII. Drugs and Controlled Substances
WPIC CHAPTER 50. Uniform Controlled Substances Act
WPIC 50.51 Marijuana—Definition
[Marijuana means all parts of the plant Cannabis, whether growing or not[,] [with a THC concentration greater than 0.3 percent on a dry weight basis[;]] [the seeds thereof[;]] [the resin extracted from any part of the plant[;]] [and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin].]
[Useable marijuana means dried marijuana flowers.]
NOTE ON USE
Use bracketed material as applicable.
Use this instruction to define a term used in WPIC 50.04.01 (Possession of Marijuana—21 Years or Older—Elements) and WPIC 50.04.03 (Possession of Marijuana—Under 21 Years Old—Elements).
This definition should be used when the charge is a marijuana-based charge. Both definitions of marijuana continue to be effective. The court will need to determine which definition to use.
If a defendant is under 21 years old and is charged with possession of marijuana, the State is not required to prove the THC concentration of the marijuana and this instruction should be modified accordingly. See RCW 69.50.4013 (Laws of 2015, Chapter 70, § 14 (effective July 24, 2015)).
COMMENT
RCW 69.50.101(y).
RCW 69.50.101(ww).
The definition of marijuana has been amended several times since first enacted in 1971. In 2013, the Legislature amended the definition as part of the statute which authorizes recreational use of marijuana.
The first paragraph is the definition of marijuana enacted in 1971.
The second paragraph is the definition of marijuana in the language from Initiative 502, recreational marijuana, passed in 2012. Laws of 2013, Chapter 116, § 1 (effective May 1, 2013).
The initial definition of marijuana from 1971 was not amended by Initiative 502, which authorized recreational possession of marijuana by adults under certain conditions. Laws of 2013, Chapter 3. This older definition has been retained in the statute and may apply to the crime of possession of more than one (1) ounce of marijuana.
The term marijuana
does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
RCW 69.50.101(y).
Initiative 502 amended RCW 69.50.101 to include a definition of “usable marijuana” which is distinguishable from the previous definition. RCW 69.50.101(ww).
[Current as of November 2019.]
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