title: RCW 69.48.100

text:
(1) By July 1st after the first full year of implementation, and each July 1st thereafter, a program operator must submit to the department a report describing implementation of the drug take-back program during the previous calendar year. The report must include:
(a) A list of covered manufacturers participating in the drug take-back program;
(b) The amount, by weight, of covered drugs collected, including the amount by weight from each collection method used;
(c) The following details regarding the program's collection system: A list of collection sites with addresses; the number of mailers provided; locations where mailers were provided, if applicable; dates and locations of collection events held, if applicable; and the transporters and disposal facility or facilities used;
(d) Whether any safety or security problems occurred during collection, transportation, or disposal of covered drugs, and if so, completed and anticipated changes to policies, procedures, or tracking mechanisms to address the problem and improve safety and security;
(e) A description of the public education, outreach, and evaluation activities implemented;
(f) A description of how collected packaging was recycled to the extent feasible;
(g) A summary of the program's goals for collection amounts and public awareness, the degree of success in meeting those goals, and if the program's goals have not been met, an explanation on why the goals were not met;
(h) The program's collection and public awareness goals for the next year;
(i) The program's annual expenditures, itemized by program category; and
(j) An estimated budget for the next year, itemized by program category.
(2) Within thirty days after each annual period of operation of an approved drug take-back program, the program operator shall submit an annual collection amount report to the department that provides the total amount, by weight, of covered drugs collected from each collection site during the prior year.
(3) The department shall make reports submitted under this section available to the public through the internet.
(4) The department shall evaluate reports submitted under this section for compliance with this chapter, rules adopted under this chapter, and the program operator's department-approved plan.
(a) The department shall either approve reports or request revisions to bring them into compliance with applicable law or the program operator's department-approved plan. Revisions may include, but are not limited to, requests to add an explanation for any discrepancies between collected weight reported in collection reports and weight collected at kiosks reported in annual reports.
(b) Program operators must submit any requested revisions to the department within 30 days.
[ 2025 c 215 s 1; 2018 c 196 s 10.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Annual program report.


doc_type: statute

jurisdiction: wa

title: RCW 69.48.110

text:
(1) The department may audit or inspect the activities and records of a drug take-back program to determine compliance with this chapter, rules adopted under this chapter, or investigate a complaint. Drug take-back programs must fully cooperate with the department during an audit, inspection, or investigation.
(2)(a) The department shall send a written notice to a covered manufacturer that fails to participate in a drug take-back program as required by this chapter. The notice must provide a warning regarding the penalties for violation of this chapter.
(b) A covered manufacturer that receives a notice under this subsection (2) may be assessed a penalty if, sixty days after receipt of the notice, the covered manufacturer continues to sell a covered drug in or into the state without participating in a drug take-back program approved under this chapter.
(3)(a) The department may send a program operator a written notice warning of the penalties for noncompliance with this chapter if it determines that the program operator's drug take-back program is in violation of this chapter or does not conform to the proposal approved by the department. The department may assess a penalty on the program operator and participating covered manufacturers if the program does not come into compliance by thirty days after receipt of the notice.
(b) The department may immediately suspend operation of a drug take-back program and assess a penalty if it determines that the program is in violation of this chapter and the violation creates a condition that, in the judgment of the department, constitutes an immediate hazard to the public or the environment.
(4)(a) The department shall send a written notice to a drug wholesaler or a retail pharmacy that fails to provide a list of drug manufacturers to the department as required by RCW 69.48.040. The notice must provide a warning regarding the penalties for violation of this chapter.
(b) A drug wholesaler or retail pharmacy that receives a notice under this subsection may be assessed a penalty if, sixty days after receipt of the notice, the drug wholesaler or retail pharmacy fails to provide a list of drug manufacturers.
(5) In enforcing the requirements of this chapter, the department:
(a) May require an informal administrative conference;
(b) May require a person or entity to engage in or refrain from engaging in certain activities pertaining to this chapter;
(c) May, in accordance with RCW 43.70.095, assess a civil fine of up to two thousand dollars. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation. In determining the appropriate amount of the fine, the department shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the entity in violation; and
(d) May not prohibit a covered manufacturer from selling a drug in or into the state of Washington.
[ 2025 c 215 s 2; 2018 c 196 s 11.]
Notes:
Sunset Act application: See note following chapter digest.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Enforcement and penalties.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 69.48.120

text:
(1)(a) The department shall set fees including, but not limited to, an annual operating fee, a fee for proposal review, and the survey required under *RCW 69.48.200, at a level sufficient to cover the costs associated with administration, oversight, and enforcement; and adopt rules establishing requirements for program operator proposals.
(b) The department shall not impose any fees in excess of its actual administrative, oversight, and enforcement costs. The fees collected from each program operator in calendar year 2020 and any subsequent year may not exceed ten percent of the highest annual expenditures from any single program operator as reported to the department in the annual report required by RCW 69.48.100 and determined by the department.
(c) The annual fee set by the department shall be evenly split amongst each approved program operator.
(d) The department shall collect annual operating fees from each program operator by October 1, 2019, and annually thereafter.
(2) The department shall impose a one-time fee of $70,000 split evenly amongst each approved program operator to fund the expedited review to be completed by the joint legislative audit and review committee as provided for in section 4, chapter 215, Laws of 2025. The department shall collect the one-time fee by August 1, 2025.
(3) All fees collected under this section must be deposited in the secure drug take-back program account established in RCW 69.48.130.
[ 2025 c 215 s 3; 2021 c 155 s 5; 2018 c 196 s 12.]
Notes:
*Reviser's note: RCW 69.48.200 expired July 1, 2026.
Sunset Act application: See note following chapter digest.
Findings—Intent—2021 c 155: See note following RCW 69.48.010.

catchline: Department to set program fees.


title: RCW 69.48.130

text:
The secure drug take-back program account is created in the state treasury. All receipts received by the department under this chapter must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department only for administering and enforcing this chapter.
[ 2018 c 196 s 13.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Secure drug take-back program account.


title: RCW 69.48.140

text:
The activities authorized by this chapter require collaboration among covered manufacturers. These activities will enable safe and secure collection and disposal of covered drugs in Washington state and are therefore in the best interest of the public. The benefits of collaboration, together with active state supervision, outweigh potential adverse impacts. Therefore, the legislature intends to exempt from state antitrust laws, and provide immunity through the state action doctrine from federal antitrust laws, activities that are undertaken, reviewed, and approved by the department pursuant to this chapter that might otherwise be constrained by such laws. The legislature does not intend and does not authorize any person or entity to engage in activities not provided for by this chapter, and the legislature neither exempts nor provides immunity for such activities.
[ 2018 c 196 s 14.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Antitrust immunity.


title: RCW 69.48.150

text:
This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection of covered drugs that substantially meets the intent of this chapter, including the creation of a funding mechanism for collection, transportation, and proper disposal of all covered drugs in the United States.
[ 2018 c 196 s 15.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Federal law, effect on this chapter.


title: RCW 69.48.160

text:
(1)(a) For a period of twelve months after a drug take-back program approved under RCW 69.48.050 begins operating, a county may enforce a grandfathered ordinance. During that twelve-month period, if a county determines that a covered manufacturer is in compliance with its grandfathered ordinance, the department shall find the covered manufacturer in compliance with the requirements of this chapter with respect to that county.
(b) In any county enforcing a grandfathered ordinance as described in (a) of this subsection, the program operator of an approved drug take-back program must work with the county and the department to incorporate the local program into the approved drug take-back program on or before the end of the twelve-month period.
(2) After June 7, 2018, a political subdivision may not enact or enforce a local ordinance that requires a retail pharmacy, clinic, hospital, or local law enforcement agency to provide for collection and disposal of covered drugs from covered entities.
(3) At the end of the twelve-month period provided in subsection (1) of this section, this chapter preempts all existing or future laws enacted by a county, city, town, or other political subdivision of the state regarding a drug take-back program or other program for the collection, transportation, and disposal of covered drugs, or promotion, education, and public outreach relating to such a program.
(4) For purposes of this section, "grandfathered ordinance" means a pharmaceutical product stewardship or drug take-back ordinance that: (a) Is in effect on June 7, 2018; and (b) the department determines meets or exceeds the requirements of this chapter with respect to safe and secure collection and disposal of unwanted medicines from residents, including the types of drugs covered by the program, the convenience of the collection system for residents, and required promotion of the program.
[ 2018 c 196 s 16.]
Notes:
Sunset Act application: See note following chapter digest.


title: RCW 69.48.170

text:
Proprietary information submitted to the department under this chapter is exempt from public disclosure under RCW 42.56.270. The department may use and disclose such information in summary or aggregated form that does not directly or indirectly identify financial, production, or sales data of an individual covered manufacturer or drug take-back organization.
[ 2018 c 196 s 17.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Public disclosure.


title: RCW 69.48.180

text:
The department shall adopt any rules necessary to implement and enforce this chapter.
[ 2018 c 196 s 18.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Rule making.


title: RCW 69.48.190

text:
(1) No later than thirty days after the department first approves a drug take-back program under RCW 69.48.050, the department shall submit an update to the legislature describing rules adopted under this chapter and the approved drug take-back program.
(2) By November 15th after the first full year of operation of an approved drug take-back program and biennially thereafter, the department shall submit a report to the legislature. The report must:
(a) Describe the status of approved drug take-back programs;
(b) Evaluate the secure medicine collection and disposal system and the program promotion, education, and public outreach requirements established by this chapter;
(c) Evaluate, in conjunction with an academic institution that is not an agency of the state and is qualified to conduct and evaluate research relating to prescription and nonprescription drug use and abuse and environmental impact, to the extent feasible, the impact of approved drug take-back programs on: Awareness and compliance of residents with safe storage of medicines in the home and secure disposal of covered drugs; rates of misuse, abuse, overdoses, and poisonings from prescription and nonprescription drugs; and diversions of covered drugs from sewer, solid waste, and septic systems. To conduct this evaluation, the department and the academic institution may rely on available data sources, including the public awareness surveys required under this chapter, and the prescription drug monitoring program and public health surveys such as the Washington state healthy youth survey. The department and the academic institution may also consult with other state and local agencies and interested stakeholders; and
(d) Provide any recommendations for legislation.
[ 2018 c 196 s 19.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Report to legislature.


title: RCW 69.50.101

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
(a) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
(b) the patient or research subject at the direction and in the presence of the practitioner.
(2) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.
(3) "Board" means the Washington state liquor and cannabis board.
(4) "Cannabis" 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 during the growing cycle through harvest and usable cannabis. "Cannabis" does not include hemp or industrial hemp as defined in RCW 15.140.020, or seeds used for licensed hemp production under chapter 15.140 RCW.
(5) "Cannabis concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.
(6) "Cannabis processor" means a person licensed by the board to process cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products, package and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers.
(7) "Cannabis producer" means a person licensed by the board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.
(8)(a) "Cannabis products" means useable cannabis, cannabis concentrates, and cannabis-infused products as defined in this section, including any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with any detectable amount of THC.
(b) "Cannabis products" also means any product containing only THC content.
(c) "Cannabis products" does not include cannabis health and beauty aids as defined in RCW 69.50.575 or products approved by the United States food and drug administration.
(9) "Cannabis researcher" means a person licensed by the board to produce, process, and possess cannabis for the purposes of conducting research on cannabis and cannabis-derived drug products.
(10) "Cannabis retailer" means a person licensed by the board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.
(11) "Cannabis-infused products" means products that contain cannabis or cannabis extracts, are intended for human use, are derived from cannabis as defined in subsection (4) of this section, and have a THC concentration no greater than ten percent. The term "cannabis-infused products" does not include either useable cannabis or cannabis concentrates.
(12) "CBD concentration" has the meaning provided in RCW 69.51A.010.
(13) "CBD product" means any product containing or consisting of cannabidiol.
(14) "Commission" means the pharmacy quality assurance commission.
(15) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15.140.020.
(16)(a) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
(b) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug application;
(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or chapter 69.77 RCW to the extent conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
(17) "Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
(18) "Department" means the department of health.
(19) "Designated provider" has the meaning provided in RCW 69.51A.010.
(20) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(21) "Dispenser" means a practitioner who dispenses.
(22) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(23) "Distributor" means a person who distributes.
(24) "Drug" means (a) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (b) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (c) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (d) controlled substances intended for use as a component of any article specified in (a), (b), or (c) of this subsection. The term does not include devices or their components, parts, or accessories.
(25) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.
(26) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.
(27) "Immature plant or clone" means a plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter.
(28) "Immediate precursor" means a substance:
(a) that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
(b) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
(c) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
(29) "Isomer" means an optical isomer, but in subsection (33)(e) of this section, RCW 69.50.204(1) (l) and (hh), and 69.50.206(2)(d), the term includes any geometrical isomer; in RCW 69.50.204(1) (h) and (pp), and 69.50.210(3)[,] the term includes any positional isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1)[,] the term includes any positional or geometric isomer.
(30) "Lot" means a definite quantity of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.
(31) "Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product.
(32) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:
(a) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
(b) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(33) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
(b) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
(c) Poppy straw and concentrate of poppy straw.
(d) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
(e) Cocaine, or any salt, isomer, or salt of isomer thereof.
(f) Cocaine base.
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
(h) Any compound, mixture, or preparation containing any quantity of any substance referred to in (a) through (g) of this subsection.
(34) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
(35) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(36) "Package" means a container that has a single unit or group of units.
(37) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(38) "Plant" has the meaning provided in RCW 69.51A.010.
(39) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(40) "Practitioner" means:
(a) A physician under chapter 18.71 RCW; a physician assistant under chapter 18.71A RCW; an osteopathic physician and surgeon under chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010; a dentist under chapter 18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a veterinarian under chapter 18.92 RCW; a registered nurse, *advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is licensed under RCW 18.36A.030 subject to any limitations in RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
(b) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
(c) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her participating physician as defined in RCW 18.71A.010, an *advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
(41) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
(42) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
(43) "Qualifying patient" has the meaning provided in RCW 69.51A.010.
(44) "Recognition card" has the meaning provided in RCW 69.51A.010.
(45) "Retail outlet" means a location licensed by the board for the retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products.
(46) "Secretary" means the secretary of health or the secretary's designee.
(47) "Social equity plan" means a plan that addresses at least some of the elements outlined in this subsection (47), along with any additional plan components or requirements approved by the board following consultation with the task force created in **RCW 69.50.336. The plan may include:
(a) A statement that indicates how the cannabis licensee will work to promote social equity goals in their community;
(b) A description of how the cannabis licensee will meet social equity goals as defined in RCW 69.50.335;
(c) The composition of the workforce the licensee has employed or intends to hire; and
(d) Business plans involving partnerships or assistance to organizations or residents with connections to populations with a history of high rates of enforcement of cannabis prohibition.
(48) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(49) "THC concentration" means percent of tetrahydrocannabinol content of any part of the plant Cannabis, or per volume or weight of cannabis product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.
(50) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.
(51) "Unit" means an individual consumable item within a package of one or more consumable items in solid, liquid, gas, or any form intended for human consumption.
(52) "Useable cannabis" means dried cannabis flowers. The term "useable cannabis" does not include either cannabis-infused products or cannabis concentrates.
(53) "Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults.
[ 2024 c 62 s 17. Prior: 2023 c 365 s 2; 2023 c 220 s 6; prior: 2022 c 16 s 51; prior: 2020 c 133 s 2; 2020 c 80 s 43; prior: 2019 c 394 s 9; 2019 c 158 s 12; 2019 c 55 s 11; prior: 2018 c 132 s 2; prior: 2017 c 317 s 5; 2017 c 212 s 11; 2017 c 153 s 1; prior: 2015 2nd sp.s. c 4 s 901; 2015 c 70 s 4; 2014 c 192 s 1; prior: 2013 c 276 s 2; 2013 c 116 s 1; 2013 c 12 s 2; prior: 2013 c 3 s 2 (Initiative Measure No. 502, approved November 6, 2012); 2012 c 8 s 1; 2010 c 177 s 1; 2003 c 142 s 4; 1998 c 222 s 3; 1996 c 178 s 18; 1994 sp.s. c 9 s 739; 1993 c 187 s 1; prior: 1990 c 248 s 1; 1990 c 219 s 3; 1990 c 196 s 8; 1989 1st ex.s. c 9 s 429; 1987 c 144 s 2; 1986 c 124 s 1; 1984 c 153 s 18; 1980 c 71 s 2; 1973 2nd ex.s. c 38 s 1; 1971 ex.s. c 308 s 69.50.101.]
Notes:
Reviser's note: *(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
**(2) RCW 69.50.336 expired June 30, 2023.
Effective date—2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32: See note following RCW 18.71A.010.
Intent—2024 c 62: See note following RCW 18.71A.020.
Construction—2023 c 365: See note following RCW 69.50.326.
Effective date—2022 c 16 ss 7, 51, and 116: "Sections 7, 51, and 116 of this act take effect July 1, 2022." [ 2022 c 16 s 170.]
Intent—Finding—2022 c 16: "It is the intent of the legislature to make technical changes to replace the term "marijuana" with "cannabis" throughout the Revised Code of Washington. The legislature finds that the use of the term "marijuana" in the United States has discriminatory origins and should be replaced with the more scientifically accurate term "cannabis." This act is technical in nature and no substantive legal changes are intended or implied." [ 2022 c 16 s 1.]
Findings—Effective date—2020 c 133: See notes following RCW 69.50.342.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Findings—2019 c 394: See note following RCW 69.50.563.
Effective date—2019 c 158: See RCW 15.140.900.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Effective date—2013 c 116: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 1, 2013]." [ 2013 c 116 s 2.]
Intent—2025 c 58; 2013 c 3 (Initiative Measure No. 502): "The people intend to stop treating adult cannabis use as a crime and try a new approach that:
(1) Allows law enforcement resources to be focused on violent and property crimes;
(2) Generates new state and local tax revenue for education, health care, research, and substance abuse prevention; and
(3) Takes cannabis out of the hands of illegal drug organizations and brings it under a tightly regulated, state-licensed system similar to that for controlling hard alcohol.
This measure authorizes the state liquor control board to regulate and tax cannabis for persons twenty-one years of age and older, and add a new threshold for driving under the influence of cannabis." [ 2025 c 58 s 4004; 2013 c 3 s 1 (Initiative Measure No. 502, approved November 6, 2012).]
Severability—2003 c 142: See note following RCW 18.53.010.
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Finding—1990 c 219: See note following RCW 69.41.030.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Severability—1973 2nd ex.s. c 38: "If any of the provisions of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the amendatory act, or the application of the provision to other persons or circumstances, or the act prior to its amendment is not affected." [ 1973 2nd ex.s. c 38 s 3.]
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RCW 69.50.101
Definitions. (Effective June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
(a) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
(b) the patient or research subject at the direction and in the presence of the practitioner.
(2) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.
(3) "Board" means the Washington state liquor and cannabis board.
(4) "Cannabis" 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 during the growing cycle through harvest and usable cannabis. "Cannabis" does not include hemp or industrial hemp as defined in RCW 15.140.020, or seeds used for licensed hemp production under chapter 15.140 RCW.
(5) "Cannabis concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.
(6) "Cannabis processor" means a person licensed by the board to process cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products, package and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers.
(7) "Cannabis producer" means a person licensed by the board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.
(8)(a) "Cannabis products" means useable cannabis, cannabis concentrates, and cannabis-infused products as defined in this section, including any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with any detectable amount of THC.
(b) "Cannabis products" also means any product containing only THC content.
(c) "Cannabis products" does not include cannabis health and beauty aids as defined in RCW 69.50.575 or products approved by the United States food and drug administration.
(9) "Cannabis researcher" means a person licensed by the board to produce, process, and possess cannabis for the purposes of conducting research on cannabis and cannabis-derived drug products.
(10) "Cannabis retailer" means a person licensed by the board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.
(11) "Cannabis-infused products" means products that contain cannabis or cannabis extracts, are intended for human use, are derived from cannabis as defined in subsection (4) of this section, and have a THC concentration no greater than ten percent. The term "cannabis-infused products" does not include either useable cannabis or cannabis concentrates.
(12) "CBD concentration" has the meaning provided in RCW 69.51A.010.
(13) "CBD product" means any product containing or consisting of cannabidiol.
(14) "Commission" means the pharmacy quality assurance commission.
(15) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15.140.020.
(16)(a) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
(b) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug application;
(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or chapter 69.77 RCW to the extent conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
(17) "Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
(18) "Department" means the department of health.
(19) "Designated provider" has the meaning provided in RCW 69.51A.010.
(20) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(21) "Dispenser" means a practitioner who dispenses.
(22) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(23) "Distributor" means a person who distributes.
(24) "Drug" means (a) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (b) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (c) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (d) controlled substances intended for use as a component of any article specified in (a), (b), or (c) of this subsection. The term does not include devices or their components, parts, or accessories.
(25) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.
(26) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.
(27) "Immature plant or clone" means a plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter.
(28) "Immediate precursor" means a substance:
(a) that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
(b) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
(c) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
(29) "Isomer" means an optical isomer, but in subsection (33)(e) of this section, RCW 69.50.204(1) (l) and (hh), and 69.50.206(2)(d), the term includes any geometrical isomer; in RCW 69.50.204(1) (h) and (pp) and 69.50.210(3), the term includes any positional isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1), the term includes any positional or geometric isomer.
(30) "Lot" means a definite quantity of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.
(31) "Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product.
(32) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:
(a) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
(b) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(33) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
(b) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
(c) Poppy straw and concentrate of poppy straw.
(d) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
(e) Cocaine, or any salt, isomer, or salt of isomer thereof.
(f) Cocaine base.
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
(h) Any compound, mixture, or preparation containing any quantity of any substance referred to in (a) through (g) of this subsection.
(34) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
(35) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(36) "Package" means a container that has a single unit or group of units.
(37) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(38) "Plant" has the meaning provided in RCW 69.51A.010.
(39) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(40) "Practitioner" means:
(a) A physician under chapter 18.71 RCW; a physician assistant under chapter 18.71A RCW; an osteopathic physician and surgeon under chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010; a dentist under chapter 18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a veterinarian under chapter 18.92 RCW; a registered nurse, advanced practice registered nurse, or licensed practical nurse under chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is licensed under RCW 18.36A.030 subject to any limitations in RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
(b) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
(c) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her participating physician as defined in RCW 18.71A.010, an advanced practice registered nurse licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
(41) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
(42) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
(43) "Qualifying patient" has the meaning provided in RCW 69.51A.010.
(44) "Recognition card" has the meaning provided in RCW 69.51A.010.
(45) "Retail outlet" means a location licensed by the board for the retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products.
(46) "Secretary" means the secretary of health or the secretary's designee.
(47) "Social equity plan" means a plan that addresses at least some of the elements outlined in this subsection (47), along with any additional plan components or requirements approved by the board following consultation with the task force created in *RCW 69.50.336. The plan may include:
(a) A statement that indicates how the cannabis licensee will work to promote social equity goals in their community;
(b) A description of how the cannabis licensee will meet social equity goals as defined in RCW 69.50.335;
(c) The composition of the workforce the licensee has employed or intends to hire; and
(d) Business plans involving partnerships or assistance to organizations or residents with connections to populations with a history of high rates of enforcement of cannabis prohibition.
(48) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(49) "THC concentration" means percent of tetrahydrocannabinol content of any part of the plant Cannabis, or per volume or weight of cannabis product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.
(50) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.
(51) "Unit" means an individual consumable item within a package of one or more consumable items in solid, liquid, gas, or any form intended for human consumption.
(52) "Useable cannabis" means dried cannabis flowers. The term "useable cannabis" does not include either cannabis-infused products or cannabis concentrates.
(53) "Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults.
[ 2025 c 58 s 5126; 2024 c 62 s 17. Prior: 2023 c 365 s 2; 2023 c 220 s 6; prior: 2022 c 16 s 51; prior: 2020 c 133 s 2; 2020 c 80 s 43; prior: 2019 c 394 s 9; 2019 c 158 s 12; 2019 c 55 s 11; prior: 2018 c 132 s 2; prior: 2017 c 317 s 5; 2017 c 212 s 11; 2017 c 153 s 1; prior: 2015 2nd sp.s. c 4 s 901; 2015 c 70 s 4; 2014 c 192 s 1; prior: 2013 c 276 s 2; 2013 c 116 s 1; 2013 c 12 s 2; prior: 2013 c 3 s 2 (Initiative Measure No. 502, approved November 6, 2012); 2012 c 8 s 1; 2010 c 177 s 1; 2003 c 142 s 4; 1998 c 222 s 3; 1996 c 178 s 18; 1994 sp.s. c 9 s 739; 1993 c 187 s 1; prior: 1990 c 248 s 1; 1990 c 219 s 3; 1990 c 196 s 8; 1989 1st ex.s. c 9 s 429; 1987 c 144 s 2; 1986 c 124 s 1; 1984 c 153 s 18; 1980 c 71 s 2; 1973 2nd ex.s. c 38 s 1; 1971 ex.s. c 308 s 69.50.101.]
Notes:
*Reviser's note: RCW 69.50.336 expired June 30, 2023.
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32: See note following RCW 18.71A.010.
Intent—2024 c 62: See note following RCW 18.71A.020.
Construction—2023 c 365: See note following RCW 69.50.326.
Effective date—2022 c 16 ss 7, 51, and 116: "Sections 7, 51, and 116 of this act take effect July 1, 2022." [ 2022 c 16 s 170.]
Intent—Finding—2022 c 16: "It is the intent of the legislature to make technical changes to replace the term "marijuana" with "cannabis" throughout the Revised Code of Washington. The legislature finds that the use of the term "marijuana" in the United States has discriminatory origins and should be replaced with the more scientifically accurate term "cannabis." This act is technical in nature and no substantive legal changes are intended or implied." [ 2022 c 16 s 1.]
Findings—Effective date—2020 c 133: See notes following RCW 69.50.342.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Findings—2019 c 394: See note following RCW 69.50.563.
Effective date—2019 c 158: See RCW 15.140.900.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Effective date—2013 c 116: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 1, 2013]." [ 2013 c 116 s 2.]
Intent—2025 c 58; 2013 c 3 (Initiative Measure No. 502): "The people intend to stop treating adult cannabis use as a crime and try a new approach that:
(1) Allows law enforcement resources to be focused on violent and property crimes;
(2) Generates new state and local tax revenue for education, health care, research, and substance abuse prevention; and
(3) Takes cannabis out of the hands of illegal drug organizations and brings it under a tightly regulated, state-licensed system similar to that for controlling hard alcohol.
This measure authorizes the state liquor control board to regulate and tax cannabis for persons twenty-one years of age and older, and add a new threshold for driving under the influence of cannabis." [ 2025 c 58 s 4004; 2013 c 3 s 1 (Initiative Measure No. 502, approved November 6, 2012).]
Severability—2003 c 142: See note following RCW 18.53.010.
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Finding—1990 c 219: See note following RCW 69.41.030.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Severability—1973 2nd ex.s. c 38: "If any of the provisions of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the amendatory act, or the application of the provision to other persons or circumstances, or the act prior to its amendment is not affected." [ 1973 2nd ex.s. c 38 s 3.]

catchline: Definitions. (Effective until June 30, 2027.)


title: RCW 69.50.102

text:
(a) [(1)] As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:
(1) [(a)] Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) [(b)] Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) [(c)] Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) [(d)] Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
(5) [(e)] Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) [(f)] Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) [(g)] Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis;
(8) [(h)] Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) [(i)] Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) [(j)] Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) [(k)] Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) [(l)] Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips: Meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) Ice pipes or chillers.
(b) [(2)] In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) [(a)] Statements by an owner or by anyone in control of the object concerning its use;
(2) [(b)] Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(3) [(c)] The proximity of the object, in time and space, to a direct violation of this chapter;
(4) [(d)] The proximity of the object to controlled substances;
(5) [(e)] The existence of any residue of controlled substances on the object;
(6) [(f)] Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
(7) [(g)] Instructions, oral or written, provided with the object concerning its use;
(8) [(h)] Descriptive materials accompanying the object which explain or depict its use;
(9) [(i)] National and local advertising concerning its use;
(10) [(j)] The manner in which the object is displayed for sale;
(11) [(k)] Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(12) [(l)] Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(13) [(m)] The existence and scope of legitimate uses for the object in the community; and
(14) [(n)] Expert testimony concerning its use.
[ 2022 c 16 s 52; 2012 c 117 s 366; 1981 c 48 s 1.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Severability—1981 c 48: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 48 s 4.]

catchline: Drug paraphernalia—Definitions.


title: RCW 69.50.201

text:
(a) [(1)] The commission shall enforce this chapter and may add substances to or delete or reschedule substances listed in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, or 69.50.212 pursuant to the procedures of chapter 34.05 RCW.
(1) [(a)] In making a determination regarding a substance, the commission shall consider the following:
(i) the actual or relative potential for abuse;
(ii) the scientific evidence of its pharmacological effect, if known;
(iii) the state of current scientific knowledge regarding the substance;
(iv) the history and current pattern of abuse;
(v) the scope, duration, and significance of abuse;
(vi) the risk to the public health;
(vii) the potential of the substance to produce psychic or physiological dependence liability; and
(viii) whether the substance is an immediate precursor of a controlled substance.
(2) [(b)] The commission may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors.
(b) [(2)] After considering the factors enumerated in subsection (a) [(1)] of this section, the commission shall make findings with respect thereto and adopt and cause to be published a rule controlling the substance upon finding the substance has a potential for abuse.
(c) [(3)] The commission, without regard to the findings required by subsection (a) [(1)] of this section or RCW 69.50.203, 69.50.205, 69.50.207, 69.50.209, and 69.50.211 or the procedures prescribed by subsections (a) and (b) [(1) and (2)] of this section, may place an immediate precursor in the same schedule in which the controlled substance of which it is an immediate precursor is placed or in any other schedule. If the commission designates a substance as an immediate precursor, substances that are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.
(d) [(4)] If a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the commission shall similarly control the substance under this chapter after the expiration of thirty days from the date of publication in the federal register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. Sec. 811(h), unless within that thirty-day period, the commission or an interested party objects to inclusion, rescheduling, temporary scheduling, or deletion. If no objection is made, the commission shall adopt and cause to be published, without the necessity of making determinations or findings as required by subsection (a) [(1)] of this section or RCW 69.50.203, 69.50.205, 69.50.207, 69.50.209, and 69.50.211, a final rule, for which notice of proposed rule making is omitted, designating, rescheduling, temporarily scheduling, or deleting the substance. If an objection is made, the commission shall make a determination with respect to the designation, rescheduling, or deletion of the substance as provided by subsection (a) [(1)] of this section. Upon receipt of an objection to inclusion, rescheduling, or deletion under this chapter by the commission, the commission shall publish notice of the receipt of the objection, and control under this chapter is stayed until the commission adopts a rule as provided by subsection (a) [(1)] of this section.
(e) [(5)] The commission, by rule and without regard to the requirements of subsection (a) [(1)] of this section, may schedule a substance in Schedule I regardless of whether the substance is substantially similar to a controlled substance in Schedule I or II if the commission finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under Section 505 of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 355. Upon receipt of notice under RCW 69.50.214, the commission shall initiate scheduling of the controlled substance analog on an emergency basis pursuant to this subsection. The scheduling of a substance under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the commission shall consider whether the substance has been scheduled on a temporary basis under federal law or factors set forth in subsection (a)(1) [(1)(a)](iv), (v), and (vi) of this section, and may also consider clandestine importation, manufacture, or distribution, and, if available, information concerning the other factors set forth in subsection (a)(1) [(1)(a)] of this section. A rule may not be adopted under this subsection until the commission initiates a rule-making proceeding under subsection (a) [(1)] of this section with respect to the substance. A rule adopted under this subsection must be vacated upon the conclusion of the rule-making proceeding initiated under subsection (a) [(1)] of this section with respect to the substance.
(f) [(6)] Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in Titles 66 and 26 RCW.
[ 2013 c 19 s 87; 1998 c 245 s 108; 1993 c 187 s 2; 1989 1st ex.s. c 9 s 430; 1986 c 124 s 2; 1971 ex.s. c 308 s 69.50.201.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Enforcement of chapter—Authority to change schedules of controlled substances.


title: RCW 69.50.202

text:
The controlled substances listed or to be listed in the schedules in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and 69.50.212 are included by whatever official, common, usual, chemical, or trade name designated.
[ 1971 ex.s. c 308 s 69.50.202.]

catchline: Nomenclature.


title: RCW 69.50.203

text:
(a) [(1)] The commission shall place a substance in Schedule I upon finding that the substance:
(1) [(a)] has high potential for abuse;
(2) [(b)] has no currently accepted medical use in treatment in the United States; and
(3) [(c)] lacks accepted safety for use in treatment under medical supervision.
(b) [(2)] The commission may place a substance in Schedule I without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule I of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.
[ 2013 c 19 s 88; 1993 c 187 s 3; 1971 ex.s. c 308 s 69.50.203.]

catchline: Schedule I tests.


title: RCW 69.50.204

text:
Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I:
(a) [(1)] Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) [(a)] Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(2) [(b)] Acetylmethadol;
(3) [(c)] Allylprodine;
(4) [(d)] Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(5) [(e)] Alphameprodine;
(6) [(f)] Alphamethadol;
(7) [(g)] Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) [(h)] Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(9) [(i)] Benzethidine;
(10) [(j)] Betacetylmethadol;
(11) [(k)] Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(12) [(l)] Beta-hydroxy-3-methylfentanyl, some trade or other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(13) [(m)] Betameprodine;
(14) [(n)] Betamethadol;
(15) [(o)] Betaprodine;
(16) [(p)] Clonitazene;
(17) [(q)] Dextromoramide;
(18) [(r)] Diampromide;
(19) [(s)] Diethylthiambutene;
(20) [(t)] Difenoxin;
(21) [(u)] Dimenoxadol;
(22) [(v)] Dimepheptanol;
(23) [(w)] Dimethylthiambutene;
(24) [(x)] Dioxaphetyl butyrate;
(25) [(y)] Dipipanone;
(26) [(z)] Ethylmethylthiambutene;
(27) [(aa)] Etonitazene;
(28) [(bb)] Etoxeridine;
(29) [(cc)] Furethidine;
(30) [(dd)] Hydroxypethidine;
(31) [(ee)] Ketobemidone;
(32) [(ff)] Levomoramide;
(33) [(gg)] Levophenacylmorphan;
(34) [(hh)] 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide);
(35) [(ii)] 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(36) [(jj)] Morpheridine;
(37) [(kk)] MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) [(ll)] Noracymethadol;
(39) [(mm)] Norlevorphanol;
(40) [(nn)] Normethadone;
(41) [(oo)] Norpipanone;
(42) [(pp)] Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);
(43) [(qq)] PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) [(rr)] Phenadoxone;
(45) [(ss)] Phenampromide;
(46) [(tt)] Phenomorphan;
(47) [(uu)] Phenoperidine;
(48) [(vv)] Piritramide;
(49) [(ww)] Proheptazine;
(50) [(xx)] Properidine;
(51) [(yy)] Propiram;
(52) [(zz)] Racemoramide;
(53) [(aaa)] Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide);
(54) [(bbb)] Tilidine;
(55) [(ccc)] Trimeperidine.
(b) [(2)] Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) [(a)] Acetorphine;
(2) [(b)] Acetyldihydrocodeine;
(3) [(c)] Benzylmorphine;
(4) [(d)] Codeine methylbromide;
(5) [(e)] Codeine-N-Oxide;
(6) [(f)] Cyprenorphine;
(7) [(g)] Desomorphine;
(8) [(h)] Dihydromorphine;
(9) [(i)] Drotebanol;
(10) [(j)] Etorphine, except hydrochloride salt;
(11) [(k)] Heroin;
(12) [(l)] Hydromorphinol;
(13) [(m)] Methyldesorphine;
(14) [(n)] Methyldihydromorphine;
(15) [(o)] Morphine methylbromide;
(16) [(p)] Morphine methylsulfonate;
(17) [(q)] Morphine-N-Oxide;
(18) [(r)] Myrophine;
(19) [(s)] Nicocodeine;
(20) [(t)] Nicomorphine;
(21) [(u)] Normorphine;
(22) [(v)] Pholcodine;
(23) [(w)] Thebacon.
(c) [(3)] Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this subsection only, the term "isomer" includes the optical, position, and geometric isomers:
(1) [(a)] Alpha-ethyltryptamine: Some trade or other names: Etryptamine; monase; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; a-ET; and AET;
(2) [(b)] 4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names: 4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;
(3) [(c)] 4-bromo-2,5-dimethoxyphenethylamine: Some trade or other names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, nexus;
(4) [(d)] 2,5-dimethoxyamphetamine: Some trade or other names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA;
(5) [(e)] 2,5-dimethoxy-4-ethylamphetamine (DOET);
(6) [(f)] 2,5-dimethoxy-4-(n)-propylthiophenethylamine: Other name: 2C-T-7;
(7) [(g)] 4-methoxyamphetamine: Some trade or other names: 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine, PMA;
(8) [(h)] 5-methoxy-3,4-methylenedioxy-amphetamine;
(9) [(i)] 4-methyl-2,5-dimethoxy-amphetamine: Some trade and other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and "STP";
(10) [(j)] 3,4-methylenedioxy amphetamine;
(11) [(k)] 3,4-methylenedioxymethamphetamine (MDMA);
(12) [(l)] 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
(13) [(m)] N-hydroxy-3,4-methylenedioxyamphetamine also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine,N-hydroxy MDA;
(14) [(n)] 3,4,5-trimethoxy amphetamine;
(15) [(o)] Alpha-methyltryptamine: Other name: AMT;
(16) [(p)] Bufotenine: Some trade or other names: 3-(beta-Dimethylaminoethyl)-5-hydroxindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(17) [(q)] Cannabis;
(18) [(r)] Diethyltryptamine: Some trade or other names: N,N-Diethyltryptamine; DET;
(19) [(s)] Dimethyltryptamine: Some trade or other names: DMT;
(20) [(t)] 5-methoxy-N,N-diisopropyltryptamine: Other name: 5-MeO-DIPT;
(21) [(u)] Ibogaine: Some trade or other names: 7-Ethyl-6,6 beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5H-pyndo (1',2' 1,2) azepino (5,4-b) indole; Tabernanthe iboga;
(22) [(v)] Lysergic acid diethylamide;
(23) [(w)] Mescaline;
(24) [(x)] Parahexyl-7374: Some trade or other names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo[b,d]pyran; synhexyl;
(25) [(y)] Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c), Schedule I (c)(12));
(26) [(z)] N-ethyl-3-piperidyl benzilate;
(27) [(aa)] N-methyl-3-piperidyl benzilate;
(28) [(bb)] Psilocybin;
(29) [(cc)] Psilocyn;
(30) [(dd)](i) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genera Cannabis, as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of the genera Cannabis, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:
(A) 1 - cis - or trans tetrahydrocannabinol, and their optical isomers, excluding tetrahydrocannabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration;
(B) 6 - cis - or trans tetrahydrocannabinol, and their optical isomers;
(C) 3,4 - cis - or trans tetrahydrocannabinol, and its optical isomers; or
(D) That is chemically synthesized and either:
(I) Has been demonstrated to have binding activity at one or more cannabinoid receptors; or
(II) Is a chemical analog or isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors;
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)
(ii) Hemp and industrial hemp, as defined in RCW 15.140.020, are excepted from the categories of controlled substances identified under this section;
(31) [(ee)] Ethylamine analog of phencyclidine: Some trade or other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
(32) [(ff)] Pyrrolidine analog of phencyclidine: Some trade or other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;
(33) [(gg)] Thiophene analog of phencyclidine: Some trade or other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP;
(34) [(hh)] 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name is TCPy.
(d) [(4)] Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
(1) [(a)] Gamma-hydroxybutyric acid: Some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate;
(2) [(b)] Mecloqualone;
(3) [(c)] Methaqualone.
(e) [(5)] Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(1) [(a)] Aminorex: Some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4, 5-dihydro-5-phenly-2-oxazolamine;
(2) [(b)] N-Benzylpiperazine: Some other names: BZP,1-benzylpiperazine;
(3) [(c)] Cathinone, also known as 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone;
(4) [(d)] Fenethylline;
(5) [(e)] Methcathinone: Some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of optical isomers;
(6) [(f)] (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(7) [(g)] N-ethylamphetamine;
(8) [(h)] N,N-dimethylamphetamine: Some trade or other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenoethylene.
The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201.
[ 2022 c 16 s 53; 2019 c 158 s 13; 2015 2nd sp.s. c 4 s 1203; 2010 c 177 s 2; 1993 c 187 s 4; 1986 c 124 s 3; 1980 c 138 s 1; 1971 ex.s. c 308 s 69.50.204.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2019 c 158: See RCW 15.140.900.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
Pharmacy quality assurance commission may change schedules of controlled substances: RCW 69.50.201.

catchline: Schedule I.


title: RCW 69.50.205

text:
(a) [(1)] The commission shall place a substance in Schedule II upon finding that:
(1) [(a)] the substance has high potential for abuse;
(2) [(b)] the substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(3) [(c)] the abuse of the substance may lead to severe psychological or physical dependence.
(b) [(2)] The commission may place a substance in Schedule II without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule II of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.
[ 2013 c 19 s 89; 1993 c 187 s 5; 1971 ex.s. c 308 s 69.50.205.]

catchline: Schedule II tests.


title: RCW 69.50.206

text:
(a) [(1)] The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II.
(b) [(2)] Substances. (Vegetable origin or chemical synthesis.) Unless specifically excepted, any of the following substances, except those listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) [(a)] Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective salts, but including the following:
(i) Raw opium;
(ii) Opium extracts;
(iii) Opium fluid;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Dihydroetorphine;
(ix) Ethylmorphine;
(x) Etorphine hydrochloride;
(xi) Hydrocodone;
(xii) Hydromorphone;
(xiii) Metopon;
(xiv) Morphine;
(xv) Oripavine;
(xvi) Oxycodone;
(xvii) Oxymorphone; and
(xviii) Thebaine.
(2) [(b)] Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subsection (b)(1) [(2)(a)] of this section, but not including the isoquinoline alkaloids of opium.
(3) [(c)] Opium poppy and poppy straw.
(4) [(d)] Coca leaves and any salt, compound, derivative, or preparation of coca leaves including cocaine and ecgonine, and their salts, isomers, derivatives, and salts of isomers and derivatives, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(5) [(e)] Concentrate of poppy straw (The crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.)
(c) [(3)] Opiates. Unless specifically excepted or unless in another schedule, any of the following synthetic opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:
(1) [(a)] Alfentanil;
(2) [(b)] Alphaprodine;
(3) [(c)] Anileridine;
(4) [(d)] Bezitramide;
(5) [(e)] Bulk dextropropoxyphene (nondosage forms);
(6) [(f)] Carfentanil;
(7) [(g)] Dihydrocodeine;
(8) [(h)] Diphenoxylate;
(9) [(i)] Fentanyl;
(10) [(j)] Isomethadone;
(11) [(k)] Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(12) [(l)] Levomethorphan;
(13) [(m)] Levorphanol;
(14) [(n)] Metazocine;
(15) [(o)] Methadone;
(16) [(p)] Methadone—Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(17) [(q)] Moramide—Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;
(18) [(r)] Pethidine (meperidine);
(19) [(s)] Pethidine—Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(20) [(t)] Pethidine—Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(21) [(u)] Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(22) [(v)] Phenazocine;
(23) [(w)] Piminodine;
(24) [(x)] Racemethorphan;
(25) [(y)] Racemorphan;
(26) [(z)] Remifentanil;
(27) [(aa)] Sufentanil;
(28) [(bb)] Tapentadol.
(d) [(4)] Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
(1) [(a)] Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) [(b)] Methamphetamine, its salts, isomers, and salts of its isomers;
(3) [(c)] Phenmetrazine and its salts;
(4) [(d)] Methylphenidate;
(5) [(e)] Lisdexamfetamine, its salts, isomers, and salts of its isomers.
(e) [(5)] Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) [(a)] Amobarbital;
(2) [(b)] Glutethimide;
(3) [(c)] Pentobarbital;
(4) [(d)] Phencyclidine;
(5) [(e)] Secobarbital.
(f) [(6)] Hallucinogenic substances.
Nabilone: Some trade or other names are ( ± )-trans3-(1,1-dimethlheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzol[b,d]pyran-9-one.
(g) [(7)] Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) [(a)] Immediate precursor to amphetamine and methamphetamine:
(i) Phenylacetone: Some trade or other names phenyl-2-propanone, P2P, benzyl methyl ketone, methyl benzyl ketone.
(2) [(b)] Immediate precursors to phencyclidine (PCP):
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201.
[ 2010 c 177 s 3; 1993 c 187 s 6; 1986 c 124 s 4; 1980 c 138 s 2; 1971 ex.s. c 308 s 69.50.206.]
Notes:
Pharmacy quality assurance commission may change schedules of controlled substances: RCW 69.50.201.

catchline: Schedule II.


title: RCW 69.50.207

text:
(a) [(1)] The commission shall place a substance in Schedule III upon finding that:
(1) [(a)] the substance has a potential for abuse less than the substances included in Schedules I and II;
(2) [(b)] the substance has currently accepted medical use in treatment in the United States; and
(3) [(c)] abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
(b) [(2)] The commission may place a substance in Schedule III without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule III of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.
[ 2013 c 19 s 90; 1993 c 187 s 7; 1971 ex.s. c 308 s 69.50.207.]

catchline: Schedule III tests.


title: RCW 69.50.208

text:
Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule III:
(a) [(1)] Stimulants. Any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, whether optical, position, or geometric, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) [(a)] Any compound, mixture, or preparation in dosage unit form containing any stimulant substance included in Schedule II and which was listed as an excepted compound on August 25, 1971, pursuant to the federal Controlled Substances Act, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except for containing a lesser quantity of controlled substances;
(2) [(b)] Benzphetamine;
(3) [(c)] Chlorphentermine;
(4) [(d)] Clortermine;
(5) [(e)] Phendimetrazine.
(b) [(2)] Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:
(1) [(a)] Any compound, mixture, or preparation containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule;
(2) [(b)] Any suppository dosage form containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository;
(3) [(c)] Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid;
(4) [(d)] Chlorhexadol;
(5) [(e)] Embutramide;
(6) [(f)] Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal food, drug, and cosmetic act;
(7) [(g)] Ketamine, its salts, isomers, and salts of isomers, some other names for ketamine: (<plus-minus>)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(8) [(h)] Lysergic acid;
(9) [(i)] Lysergic acid amide;
(10) [(j)] Methyprylon;
(11) [(k)] Sulfondiethylmethane;
(12) [(l)] Sulfonethylmethane;
(13) [(m)] Sulfonmethane;
(14) [(n)] Tiletamine and zolazepam or any of their salts—some trade or other names for a tiletamine-zolazepam combination product: Telazol, some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl) cyclohexanone, some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one flupyrazapon.
(c) [(3)] Nalorphine.
(d) [(4)] Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in this subsection:
(1) [(a)] Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(2) [(b)] Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) [(c)] Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
(4) [(d)] Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) [(e)] Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(6) [(f)] Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(7) [(g)] Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and
(8) [(h)] Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(e) [(5)] Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts: Buprenorphine.
(f) [(6)] Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product. Some other names for dronabinol: [6a R-trans]-6a,7,8, 10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d] pyran-i-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol.
(g) [(7)] Anabolic steroids. The term "anabolic steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, that promotes muscle growth and includes:
(1) [(a)] 3β,17-dihydroxy-5a-androstane;
(2) [(b)] 3α,17β-dihydroxy-5a-androstane;
(3) [(c)] 5α-androstan-3,17-dione;
(4) [(d)] 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene);
(5) [(e)] 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene);
(6) [(f)] 4-androstenediol (3β,17β-dihydroxy-androst-4-ene);
(7) [(g)] 5-androstenediol (3β,17β-dihydroxy-androst-5-ene);
(8) [(h)] 1-androstenedione ([5α]-androst-1-en-3,17-dione);
(9) [(i)] 4-androstenedione (androst-4-en-3,17-dione);
(10) [(j)] 5-androstenedione (androst-5-en-3,17-dione);
(11) [(k)] Bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);
(12) [(l)] Boldenone (17β-hydroxyandrost-1,4,-diene-3-one);
(13) [(m)] Calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);
(14) [(n)] Clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one);
(15) [(o)] Dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl-androst-1,4-dien-3-one);
(16) [(p)] Δ1-dihydrotestosterone (a.k.a. '1-testosterone') (17β-hydroxy-5α-androst-1-en-3-one);
(17) [(q)] 4-dihydrotestosterone (17β-hydroxy-androstan-3-one);
(18) [(r)] Drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one);
(19) [(s)] Ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene);
(20) [(t)] Fluoxymesterone (9-fluoro-17α-methyl-11β,17β-dihydroxyandrost-4-en-3-one);
(21) [(u)] Formebolone (2-formyl-17α-methyl-11α,17β-dihydroxyandrost-1,4-dien-3-one);
(22) [(v)] Furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]-furazan);
(23) [(w)] 13β-ethyl-17β-hydroxygon-4-en-3-one;
(24) [(x)] 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one);
(25) [(y)] 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one);
(26) [(z)] Mestanolone (17α-methyl-17β-hydroxy-5-androstan-3-one);
(27) [(aa)] Mesterolone (1α methyl-17β-hydroxy-[5α]-androstan-3-one);
(28) [(bb)] Methandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one);
(29) [(cc)] Methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene);
(30) [(dd)] Methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one);
(31) [(ee)] 17α-methyl-3β,17β-dihydroxy-5a-androstane;
(32) [(ff)] 17α-methyl-3α,17β-dihydroxy-5a-androstane;
(33) [(gg)] 17α-methyl-3β,17β-dihydroxyandrost-4-ene;
(34) [(hh)] 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one);
(35) [(ii)] Methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one);
(36) [(jj)] Methyltrienolone (17α-methyl-17β-hydroxyestra-4,9-11-trien-3-one);
(37) [(kk)] Methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one);
(38) [(ll)] Mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en-3-one);
(39) [(mm)] 17α-methyl-Δ1-dihydrotestosterone (17bβ-hydroxy-17α-methyl-5α-androst-1-en-3-one) (also known as '17-α-methyl-1-testosterone');
(40) [(nn)] Nandrolone (17β-hydroxyestr-4-en-3-one);
(41) [(oo)] 19-nor-4-androstenediol (3β, 17β-dihydroxyestr-4-ene);
(42) [(pp)] 19-nor-4-androstenediol (3α, 17β-dihydroxyestr-4-ene);
(43) [(qq)] 19-nor-5-androstenediol (3β, 17β-dihydroxyestr-5-ene);
(44) [(rr)] 19-nor-5-androstenediol (3α, 17β-dihydroxyestr-5-ene);
(45) [(ss)] 19-nor-4-androstenedione (estr-4-en-3,17-dione);
(46) [(tt)] 19-nor-5-androstenedione (estr-5-en-3,17-dione);
(47) [(uu)] Norbolethone (13β, 17α-diethyl-17β-hydroxygon-4-en-3-one);
(48) [(vv)] Norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one);
(49) [(ww)] Norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one);
(50) [(xx)] Normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one);
(51) [(yy)] Oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5α]-androstan-3-one);
(52) [(zz)] Oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one);
(53) [(aaa)] Oxymetholone (17α-methyl-2-hydroxymethylene-17β-hydroxy-[5α]-androstan-3-one);
(54) [(bbb)] Stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole);
(55) [(ccc)] Stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en-3-one);
(56) [(ddd)] Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
(57) [(eee)] Testosterone (17β-hydroxyandrost-4-en-3-one);
(58) [(fff)] Tetrahydrogestrinone (13β, 17α-diethyl-17β-hydroxygon-4,9,11-trien-3-one);
(59) [(ggg)] Trenbolone (17β-hydroxyestr-4,9,11-trien-3-one); and
(60) [(hhh)] Any salt, ester, or ether of a drug or substance described in this section. Such term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the secretary of the department of health and human services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this section.
The commission may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsection (a)(1) and (2) [(1)(a) and (b)] of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a stimulant or depressant effect on the central nervous system.
The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201.
[ 2013 c 19 s 91; 2010 c 177 s 4; 1993 c 187 s 8; 1986 c 124 s 5; 1980 c 138 s 3; 1971 ex.s. c 308 s 69.50.208.]
Notes:
Commission may change schedules of controlled substances: RCW 69.50.201.

catchline: Schedule III.