(1) Every person serving a sentence in any state correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or carries upon his or her person or has under his or her control any narcotic drug or controlled substance, as defined in chapter 69.50 RCW, alcohol, cannabis, or other intoxicant, or a cell phone or other form of an electronic telecommunications device, is guilty of a class C felony.

Attorney's Note

Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C felonyup to 5 yearsup to $10,000
For details, see Wash. Rev. Code § 9A.20.021

Terms Used In Washington Code 9.94.041

  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or has under his or her control any narcotic drug or controlled substance, as defined in chapter 69.50 RCW, alcohol, cannabis, or other intoxicant, or a cell phone or other form of an electronic telecommunications device, is guilty of a class C felony.
(3) The sentence imposed under this section shall be in addition to any sentence being served.
(4) For the purposes of this section, “cannabis” has the meaning provided in RCW 69.50.101.

NOTES:

IntentFinding2022 c 16: See note following RCW 69.50.101.