RCW 69.50.410 — Washington Code / Title 69 / Chapter 50 / Section 410
RCW 69.50.410: Prohibited acts: D—Penalties.
Status: in_force

(1) Except as authorized by this chapter it is a class C felony for any person to sell for profit any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204 , except leaves and flowering tops of cannabis. For the purposes of this section only, the following words and phrases shall have the following meanings: (a) "To sell" means the passing of title and possession of a controlled substance from the seller to the buyer for a price whether or not the price is paid immediately or at a future date. (b) "For profit" means the obtaining of anything of value in exchange for a controlled substance. (c) "Price" means anything of value. (2)(a) Any person convicted of a violation of subsection (1) of this section shall receive a sentence of not more than five years in a correctional facility of the department of social and health services for the first offense. (b) Any person convicted on a second or subsequent cause, the sale having transpired after prosecution and conviction on the first cause, of subsection (1) of this section shall receive a mandatory sentence of five years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for the second or subsequent violation of subsection (1) of this section. (3)(a) Any person convicted of a violation of subsection (1) of this section by selling heroin shall receive a mandatory sentence of two years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for such violation. (b) Any person convicted on a second or subsequent sale of heroin, the sale having transpired after prosecution and conviction on the first cause of the sale of heroin shall receive a mandatory sentence of ten years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for this second or subsequent violation: PROVIDED, That the indeterminate sentence review board under RCW 9.95.040 shall not reduce the minimum term imposed for a violation under this subsection. (4) Whether or not a mandatory minimum term has expired, an offender serving a sentence under this section may be granted an extraordinary medical placement when authorized under RCW 9.94A.728 (1)(c). (5) In addition to the sentences provided in subsection (2) of this section, any person convicted of a violation of subsection (1) of this section shall be fined in an amount calculated to at least eliminate any and all proceeds or profits directly or indirectly gained by such person as a result of sales of controlled substances in violation of the laws of this or other states, or the United States, up to the amount of five hundred thousand dollars on each count. (6) Any person, addicted to the use of controlled substances, who voluntarily applies to the department of social and health services for the purpose of participating in a rehabilitation program approved by the department for addicts of controlled substances shall be immune from prosecution for subsection (1) [of this section] offenses unless a filing of an information or indictment against such person for a violation of subsection (1) of this section is made prior to his or her voluntary participation in the program of the department of social and health services. All applications for immunity under this section shall be sent to the department of social and health services in Olympia. It shall be the duty of the department to stamp each application received pursuant to this section with the date and time of receipt. (7) This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.401 through 69.50.4015 .
RCW 69.04.520 — Washington Code / Title 69 / Chapter 04 / Section 520
RCW 69.04.520: Drugs—Misbranding for failure to show possibility of deterioration.
Status: in_force

If a drug or device has been found by the secretary of agriculture of the United States to be a drug liable to deterioration, it shall be deemed to be misbranded unless it is packaged in such form and manner, and its label bears a statement of such precautions, as required in an official compendium or by regulations promulgated under section 502(h) of the federal act for the protection of the public health.
RCW 69.04.020 — Washington Code / Title 69 / Chapter 04 / Section 020
RCW 69.04.020: "Contaminated with filth."
Status: in_force

The term "contaminated with filth" applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
RCW 69.25.020 — Washington Code / Title 69 / Chapter 25 / Section 020
RCW 69.25.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly otherwise requires. (1) "Adulterated" applies to any egg or egg product under one or more of the following circumstances: (a) If it bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, such article is not considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health; (b) If it bears or contains any added poisonous or added deleterious substance (other than one which is: (i) A pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the director, make such article unfit for human food; (c) If it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical that renders it adulterated within the meaning of RCW 15.130.200 (2); (d) If it bears or contains any food additive that renders it adulterated within the meaning of RCW 15.130.200 (2); (e) If it bears or contains any color additive that renders it adulterated within the meaning of RCW 15.130.200 (2); however, an article which is not otherwise deemed adulterated under (c), (d), or (e) of this subsection are nevertheless deemed adulterated if use of the pesticide chemical, food additive, or color additive, in or on such article, is prohibited by regulations of the director in official plants; (f) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human food; (g) If it consists in whole or in part of any damaged egg or eggs to the extent that the egg meat or white is leaking, or it has been contacted by egg meat or white leaking from other eggs; (h) If it has been prepared, packaged, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; (i) If it is an egg which has been subjected to incubation or the product of any egg which has been subjected to incubation; (j) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; (k) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect under chapter 15.130 RCW; or (l) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is. (2) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs. (3) "At retail" means any transaction in intrastate commerce between a retailer and a consumer. (4) "Business licensing system" means the mechanism established by chapter 19.02 RCW by which business licenses, endorsed for individual state-issued licenses, are issued and renewed utilizing a business license application and a business license expiration date common to each renewable license endorsement. (5) "Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens within which: (a) Hens are free to roam unrestricted except by external walls; (b) Hens are provided enrichments that allow them to exhibit natural behaviors including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and (c) Farm employees can provide care while standing somewhere within the hens' usable floor space. (6) "Candling" means the examination of the interior of eggs by the use of transmitted light used in a partially dark room or place. (7) "Capable of use as human food" applies to any egg or egg product unless it is denatured, or otherwise identified, as required by regulations prescribed by the director, to deter its use as human food. (8) "Check" means an egg that has a broken shell or crack in the shell but has its shell membranes intact and contents not leaking. (9) "Clean and sound shell egg" means any egg whose shell is free of adhering dirt or foreign material and is not cracked or broken. (10) "Consumer" means any person who purchases eggs or egg products for his or her own family use or consumption; or any restaurant, hotel, boarding house, bakery, or other institution or concern which purchases eggs or egg products for serving to guests or patrons thereof, or for its own use in cooking or baking. (11) "Container" or "package" includes any box, can, tin, plastic, or other receptacle, wrapper, or cover. (12) "Department" means the department of agriculture of the state of Washington. (13) "Director" means the director of the department or his duly authorized representative. (14) "Dirty egg" means an egg that has a shell that is unbroken and has adhering dirt or foreign material. (15) "Egg" means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea, or any other specie of fowl. (16) "Egg handler" or "dealer" means any person who produces, contracts for or obtains possession or control of any eggs or egg products for the purpose of sale to another dealer or retailer, or for processing and sale to a dealer, retailer or consumer. For the purpose of this chapter, "sell" or "sale" includes the following: Offer for sale, expose for sale, have in possession for sale, exchange, barter, trade, or as an inducement for the sale of another product. (17) "Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production. (18)(a) "Egg product" means any dried, frozen, or liquid eggs, with or without added ingredients, excepting products which contain eggs only in a relatively small proportion, or historically have not been, in the judgment of the director, considered by consumers as products of the egg food industry, and which may be exempted by the director under such conditions as the director may prescribe to assure that the egg ingredients are not adulterated and are not represented as egg products. (b) The following products are not included in the definition of "egg product" if they are prepared from eggs or egg products that have been either inspected by the United States department of agriculture or by the department under a cooperative agreement with the United States department of agriculture: Freeze-dried products, imitation egg products, egg substitutes, dietary foods, dried no-bake custard mixes, eggnog mixes, acidic dressings, noodles, milk and egg dip, cake mixes, French toast, balut and other similar ethnic delicacies, and sandwiches containing eggs or egg products. (19) "Immediate container" means any consumer package, or any other container in which egg products, not consumer-packaged, are packed. (20) "Incubator reject" means an egg that has been subjected to incubation and has been removed from incubation during the hatching operations as infertile or otherwise unhatchable. (21) "Inedible" means eggs of the following descriptions: Black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, and eggs containing embryo chicks (at or beyond the blood ring stage). (22) "Inspection" means the application of such inspection methods and techniques as are deemed necessary by the director to carry out the provisions of this chapter. (23) "Inspector" means any employee or official of the department authorized to inspect eggs or egg products under the authority of this chapter. (24) "Intrastate commerce" means any eggs or egg products in intrastate commerce, whether such eggs or egg products are intended for sale, held for sale, offered for sale, sold, stored, transported, or handled in this state in any manner and prepared for eventual distribution in this state, whether at wholesale or retail. (25) "Leaker" means an egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exposed or are exuding or free to exude through the shell. (26) "Loss" means an egg that is unfit for human food because it is smashed or broken so that its contents are leaking; or overheated, frozen, or contaminated; or an incubator reject; or because it contains a bloody white, large meat spots, a large quantity of blood, or other foreign material. (27) "Misbranded" applies to egg products that are not labeled and packaged in accordance with the requirements prescribed by regulations of the director under RCW 69.25.100 . (28) "Official certificate" means any certificate prescribed by regulations of the director for issuance by an inspector or other person performing official functions under this chapter. (29) "Official device" means any device prescribed or authorized by the director for use in applying any official mark. (30) "Official inspection legend" means any symbol prescribed by regulations of the director showing that egg products were inspected in accordance with this chapter. (31) "Official mark" means the official inspection legend or any other symbol prescribed by regulations of the director to identify the status of any article under this chapter. (32) "Official plant" means any plant which is licensed under the provisions of this chapter, at which inspection of the processing of egg products is maintained by the United States department of agriculture or by the state under cooperative agreements with the United States department of agriculture or by the state. (33) "Official standards" means the standards of quality, grades, and weight classes for eggs, adopted under the provisions of this chapter. (34) "Pasteurize" means the subjecting of each particle of egg products to heat or other treatments to destroy harmful, viable microorganisms by such processes as may be prescribed by regulations of the director. (35) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof, or assignee for the benefit of creditors. (36) "Pesticide chemical," "food additive," "color additive," and "raw agricultural commodity" have the same meaning for purposes of this chapter as defined in chapter 15.130 RCW. (37) "Plant" means any place of business where egg products are processed. (38) "Processing" means manufacturing egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying, or packaging egg products. (39) "Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss. (40) "Retailer" means any person in intrastate commerce who sells eggs or egg products to a consumer. (41) "Shipping container" means any container used in packaging a product packed in an immediate container. (42) "Usable floor space" means the total square footage of floor space provided to each egg-laying hen, calculated by dividing the total square footage of floor space in an enclosure by the number of hens in that enclosure. "Usable floor space" includes ground space and elevated level or nearly level platforms to accommodate egg flow upon which hens can roost, but does not include perches or ramps.
RCW 69.06.010 — Washington Code / Title 69 / Chapter 06 / Section 010
RCW 69.06.010: Food and beverage service worker's permit—Filing, duration—Minimum training requirements.
Status: in_force

It shall be unlawful for any person to be employed in the handling of unwrapped or unpackaged food unless he or she shall furnish and place on file with the person in charge of such establishment, a food and beverage service worker's permit, as prescribed by the state board of health. Such permit shall be kept on file by the employer or kept by the employee on his or her person and open for inspection at all reasonable hours by authorized public health officials. Such permit shall be returned to the employee upon termination of employment. Initial permits, including limited duty permits, shall be valid for two years from the date of issuance. Subsequent renewal permits shall be valid for three years from the date of issuance, except an employee may be granted a renewal permit that is valid for five years from the date of issuance if the employee demonstrates that he or she has obtained additional food safety training prior to renewal of the permit. Rules establishing minimum training requirements must be adopted by the state board of health and developed by the department of health in conjunction with local health jurisdictions and representatives of the food service industry.
RCW 69.41.040 — Washington Code / Title 69 / Chapter 41 / Section 040
RCW 69.41.040: Prescription requirements—Penalty.
Status: in_force

(1) A prescription, in order to be effective in legalizing the possession of legend drugs, must be issued for a legitimate medical purpose by one authorized to prescribe the use of such legend drugs. Except as provided in RCW 69.41.095 , an order purporting to be a prescription issued to a drug abuser or habitual user of legend drugs, not in the course of professional treatment, is not a prescription within the meaning and intent of this section; and the person who knows or should know that he or she is filling such an order, as well as the person issuing it, may be charged with violation of this chapter. A legitimate medical purpose shall include use in the course of a bona fide research program in conjunction with a hospital or university. (2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW.
RCW 69.38.010 — Washington Code / Title 69 / Chapter 38 / Section 010
RCW 69.38.010: "Poison" defined.
Status: in_force

As used in this chapter "poison" means: (1) Arsenic and its preparations; (2) Cyanide and its preparations, including hydrocyanic acid; (3) Strychnine; and (4) Any other substance designated by the pharmacy quality assurance commission which, when introduced into the human body in quantities of sixty grains or less, causes violent sickness or death.
RCW 69.40.015 — Washington Code / Title 69 / Chapter 40 / Section 015
RCW 69.40.015: Poison in edible products—Penalty.
Status: in_force

Any person violating the provisions of RCW 69.40.010 shall upon conviction be punished by a fine of not less than ten dollars nor more than five hundred dollars.
RCW 69.50.515 — Washington Code / Title 69 / Chapter 50 / Section 515
RCW 69.50.515: Pharmacies—Cannabis—Notification and disposal.
Status: in_force

(1) Upon finding one ounce or less of cannabis inadvertently left at a retail store holding a pharmacy license, the store manager or employee must promptly notify the local law enforcement agency. After notification to the local law enforcement agency, the store manager or employee must properly dispose of the cannabis. (2) For the purposes of this section, "properly dispose" means ensuring that the product is destroyed or rendered incapable of use by another person.
RCW 69.48.150 — Washington Code / Title 69 / Chapter 48 / Section 150
RCW 69.48.150: Federal law, effect on this chapter.
Status: in_force

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.
RCW 69.05.030 — Washington Code / Title 69 / Chapter 05 / Section 030
RCW 69.05.030: Sales of cosmetics tested on animals—Exception to prohibition.
Status: in_force

RCW 69.05.020 does not apply with respect to cosmetic animal testing: (1) Conducted outside of the United States in order to comply with a requirement of a foreign regulatory authority if no evidence derived from the testing was relied upon to substantiate the safety of the cosmetic ingredient or cosmetic product being sold by the manufacturer in Washington; (2) Conducted for any cosmetic or cosmetic ingredient subject to regulation under 21 U.S.C. Sec. 351 et seq., of the federal food, drug, and cosmetic act; (3) Conducted for a cosmetic ingredient intended to be used in a product that is not a cosmetic product and is conducted under a requirement of a federal, state, or foreign regulatory authority if no evidence derived from the testing was relied upon to substantiate the safety of a cosmetic sold in Washington by a cosmetics manufacturer, unless all of the following apply: (a) There is documented evidence of the noncosmetic intent of the test; and (b) There is a history of use of the ingredient outside of cosmetics at least 12 months before the reliance; or (4) Requested, required, or conducted by a federal or state regulatory authority and each of the following apply: (a) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the organization for economic cooperation and development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent; (b) The cosmetic ingredient or nonfunctional constituent poses a risk of causing a specific human health problem that is substantiated and the need to conduct cosmetic animal testing is justified and supported by a detailed research protocol proposed as the basis for the evaluation of the cosmetics ingredient or nonfunctional constituent; and (c) That the cosmetic ingredient or nonfunctional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another cosmetic ingredient capable of performing a similar function.
RCW 69.51A.010 — Washington Code / Title 69 / Chapter 51A / Section 010
RCW 69.51A.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Authorization" means a form developed by the department that is completed and signed by a qualifying patient's health care professional and printed on tamper-resistant paper. (b) An authorization is not a prescription as defined in RCW 69.50.101 . (2) "Cannabis" has the meaning provided in RCW 69.50.101 . (3) "Cannabis concentrates" has the meaning provided in RCW 69.50.101 . (4) "Cannabis processor" has the meaning provided in RCW 69.50.101 . (5) "Cannabis producer" has the meaning provided in RCW 69.50.101 . (6) "Cannabis retailer" has the meaning provided in RCW 69.50.101 . (7) "Cannabis retailer with a medical cannabis endorsement" means a cannabis retailer that has been issued a medical cannabis endorsement by the state liquor and cannabis board pursuant to RCW 69.50.375 . (8) "Cannabis-infused products" has the meaning provided in RCW 69.50.101 . (9) "CBD concentration" means the percent of cannabidiol content per dry weight of any part of the plant Cannabis , or per volume or weight of cannabis product. (10) "Department" means the department of health. (11) "Designated provider" means a person who is twenty-one years of age or older and: (a)(i) Is the parent or guardian of a qualifying patient who is under the age of eighteen and holds a recognition card; or (ii) Has been designated in writing by a qualifying patient to serve as the designated provider for that patient; (b)(i) Has an authorization from the qualifying patient's health care professional; or (ii)(A) Has been entered into the medical cannabis authorization database as being the designated provider to a qualifying patient; and (B) Has been provided a recognition card; (c) Is prohibited from consuming cannabis obtained for the personal, medical use of the qualifying patient for whom the individual is acting as designated provider; (d) Provides cannabis to only the qualifying patient that has designated him or her; (e) Is in compliance with the terms and conditions of this chapter; and (f) Is the designated provider to only one patient at any one time. (12) "Health care professional," for purposes of this chapter only, means a physician licensed under chapter 18.71 RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician licensed under chapter 18.57 RCW, a naturopath licensed under chapter 18.36A RCW, or an *advanced registered nurse practitioner licensed under chapter 18.79 RCW. (13) "Housing unit" means a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building, and which have direct access from the outside of the building or through a common hall. (14) "Low THC, high CBD" means products determined by the department to have a low THC, high CBD ratio under RCW 69.50.375 . Low THC, high CBD products must be inhalable, ingestible, or absorbable. (15) "Medical cannabis authorization database" means the secure and confidential database established in RCW 69.51A.230 . (16) "Medical use of cannabis" means the manufacture, production, possession, transportation, delivery, ingestion, application, or administration of cannabis for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical condition. (17) "Plant" means a cannabis plant having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system is considered part of the same single plant. (18) "Public place" has the meaning provided in RCW 70.160.020 . (19) "Qualifying patient" means a person who: (a)(i) Is a patient of a health care professional; (ii) Has been diagnosed by that health care professional as having a terminal or debilitating medical condition; (iii) Is a resident of the state of Washington at the time of such diagnosis; (iv) Has been advised by that health care professional about the risks and benefits of the medical use of cannabis; (v) Has been advised by that health care professional that they may benefit from the medical use of cannabis; (vi)(A) Has an authorization from his or her health care professional; or (B) Has been entered into the medical cannabis authorization database and has been provided a recognition card; and (vii) Is otherwise in compliance with the terms and conditions established in this chapter. (b) "Qualifying patient" does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision. (20) "Recognition card" means a card issued to qualifying patients and designated providers by a cannabis retailer with a medical cannabis endorsement that has entered them into the medical cannabis authorization database. (21) "Retail outlet" has the meaning provided in RCW 69.50.101 . (22) "Secretary" means the secretary of the department of health. (23) "Tamper-resistant paper" means paper that meets one or more of the following industry-recognized features: (a) One or more features designed to prevent copying of the paper; (b) One or more features designed to prevent the erasure or modification of information on the paper; or (c) One or more features designed to prevent the use of counterfeit authorization. (24) "Terminal or debilitating medical condition" means a condition severe enough to significantly interfere with the patient's activities of daily living and ability to function, which can be objectively assessed and evaluated and limited to the following: (a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; (b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; (c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; (d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; (e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; (f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; (g) Posttraumatic stress disorder; or (h) Traumatic brain injury. (25) "THC concentration" has the meaning provided in RCW 69.50.101 . (26) "Useable cannabis" has the meaning provided in RCW 69.50.101 .
RCW 69.41.190 — Washington Code / Title 69 / Chapter 41 / Section 190
RCW 69.41.190: Preferred drug substitution—Exceptions—Notice—Limited restrictions.
Status: in_force

(1)(a) Except as provided in subsection (2) of this section, any pharmacist filling a prescription under a state purchased health care program as defined in RCW 41.05.011 shall substitute, where identified, a preferred drug for any nonpreferred drug in a given therapeutic class, unless the endorsing practitioner has indicated on the prescription that the nonpreferred drug must be dispensed as written, or the prescription is for a refill of an antipsychotic, antidepressant, antiepileptic, or other drug prescribed to the patient to treat a serious mental illness, chemotherapy, antiretroviral, or immunosuppressive drug, or for the refill of a immunomodulator/antiviral treatment for hepatitis C for which an established, fixed duration of therapy is prescribed for at least 24 weeks but no more than 48 weeks, in which case the pharmacist shall dispense the prescribed nonpreferred drug. (b) When a substitution is made under (a) of this subsection, the dispensing pharmacist shall notify the prescribing practitioner of the specific drug and dose dispensed. (2)(a) A state purchased health care program may impose limited restrictions on an endorsing practitioner's authority to write a prescription to dispense as written only under the following circumstances: (i) There is statistical or clear data demonstrating the endorsing practitioner's frequency of prescribing dispensed as written for nonpreferred drugs varies significantly from the prescribing patterns of his or her peers; (ii) The medical director of a state purchased health program has: (A) Presented the endorsing practitioner with data that indicates the endorsing practitioner's prescribing patterns vary significantly from his or her peers, (B) provided the endorsing practitioner an opportunity to explain the variation in his or her prescribing patterns to those of his or her peers, and (C) if the variation in prescribing patterns cannot be explained, provided the endorsing practitioner sufficient time to change his or her prescribing patterns to align with those of his or her peers; and (iii) The restrictions imposed under (a) of this subsection (2) must be limited to the extent possible to reduce variation in prescribing patterns and shall remain in effect only until such time as the endorsing practitioner can demonstrate a reduction in variation in line with his or her peers. (b) A state purchased health care program may immediately designate an available, less expensive, equally effective generic product in a previously reviewed drug class as a preferred drug, without first submitting the product to review by the pharmacy and therapeutics committee established pursuant to RCW 70.14.050 . (c) For a patient's first course of treatment within a therapeutic class of drugs, a state purchased health care program may impose limited restrictions on endorsing practitioners' authority to write a prescription to dispense as written, only under the following circumstances: (i) There is a less expensive, equally effective therapeutic alternative generic product available to treat the condition; (ii) The drug use review board established under WAC 388-530-4000 reviews and provides recommendations as to the appropriateness of the limitation; (iii) Notwithstanding the limitation set forth in (c)(ii) of this subsection (2), the endorsing practitioner shall have an opportunity to request as medically necessary, that the brand name drug be prescribed as the first course of treatment; (iv) The state purchased health care program may provide, where available, prescription, emergency room, diagnosis, and hospitalization history with the endorsing practitioner; and (v) Specifically for antipsychotic restrictions, the state purchased health care program shall effectively guide good practice without interfering with the timeliness of clinical decision making. Health care authority prior authorization programs must provide for responses within 24 hours and at least a 72 hour emergency supply of the requested drug. (d) If, within a therapeutic class, there is an equally effective therapeutic alternative over-the-counter drug available, a state purchased health care program may designate the over-the-counter drug as the preferred drug. (e) A state purchased health care program may impose limited restrictions on endorsing practitioners' authority to prescribe pharmaceuticals to be dispensed as written for a purpose outside the scope of their approved labels only under the following circumstances: (i) There is a less expensive, equally effective on-label product available to treat the condition; (ii) The drug use review board established under WAC 388-530-4000 reviews and provides recommendations as to the appropriateness of the limitation; and (iii) Notwithstanding the limitation set forth in (e)(ii) of this subsection (2), the endorsing practitioner shall have an opportunity to request as medically necessary, that the drug be prescribed for a covered off-label purpose. (f) The provisions of this subsection related to the definition of medically necessary, prior authorization procedures and patient appeal rights shall be implemented in a manner consistent with applicable federal and state law. (3) Notwithstanding the limitations in subsection (2) of this section, for refills for an antipsychotic, antidepressant, antiepileptic, or other drug prescribed to the patient to treat a serious mental illness, chemotherapy, antiretroviral, or immunosuppressive drug, or for the refill of an immunomodulator antiviral treatment for hepatitis C for which an established, fixed duration of therapy is prescribed for at least 24 weeks by no more than 48 weeks, the pharmacist shall dispense the prescribed nonpreferred drug. (4) For the purposes of this section, "serious mental illness" means a mental disorder, as defined in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American psychiatric association, that results in serious functional impairment that substantially interferes with or limits one or more major life activities.
RCW 69.50.507 — Washington Code / Title 69 / Chapter 50 / Section 507
RCW 69.50.507: Judicial review.
Status: in_force

All final determinations, findings, and conclusions of the commission under this chapter are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision in the superior court wherein he or she resides or in the superior court of Thurston county, such review to be in conformity with the administrative procedure act, chapter 34.05 RCW.
RCW 69.50.4011 — Washington Code / Title 69 / Chapter 50 / Section 4011
RCW 69.50.4011: Counterfeit substances—Penalties—Referral to assessment and services.
Status: in_force

(1) Except as authorized by this chapter, it is unlawful for any person to: (a) Create or deliver a counterfeit substance; (b) Knowingly possess a counterfeit substance; or (c) Knowingly use a counterfeit substance in a public place. (2) Any person who violates subsection (1)(a) of this section with respect to: (a) A counterfeit substance classified in Schedule I or II which is a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than 10 years, fined not more than $25,000, or both; (b) A counterfeit substance which is methamphetamine, is guilty of a class B felony and upon conviction may be imprisoned for not more than 10 years, fined not more than $25,000, or both; (c) Any other counterfeit substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW; (d) A counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a class C felony punishable according to chapter 9A.20 RCW; (e) A counterfeit substance classified in Schedule V, is guilty of a class C felony punishable according to chapter 9A.20 RCW. (3)(a) A violation of subsection (1)(b) or (c) of this section is a gross misdemeanor punishable by imprisonment of up to 180 days, or by a fine of not more than $1,000, or by both such imprisonment and fine, however, if the defendant has two or more prior convictions under subsection (1)(b) or (c) of this section occurring after July 1, 2023, a violation of subsection (1)(b) or (c) of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services. (b) No person may be charged under both subsection (1)(b) and (c) of this section relating to the same course of conduct. (c) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450 , law enforcement assisted diversion programs established under RCW 71.24.589 , and the recovery navigator program established under RCW 71.24.115 . (4) For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010 , but the exclusions in RCW 66.04.011 do not apply. (5) For the purposes of this section, "use a counterfeit substance" means to introduce the substance into the human body by injection, inhalation, ingestion, or any other means.
RCW 69.25.190 — Washington Code / Title 69 / Chapter 25 / Section 190
RCW 69.25.190: Embargo of eggs or egg products in violation of this chapter—Time limit—Removal of official marks.
Status: in_force

Whenever any eggs or egg products subject to this chapter are found by any authorized representative of the director upon any premises and there is reason to believe that they are or have been processed, bought, sold, possessed, used, transported, or offered or received for sale or transportation in violation of this chapter, or that they are in any other way in violation of this chapter, or whenever any restricted eggs capable of use as human food are found by such a representative in the possession of any person not authorized to acquire such eggs under the regulations of the director, such articles may be embargoed by such representative for a reasonable period but not to exceed twenty days, pending action under RCW 69.25.200 or notification of any federal or other governmental authorities having jurisdiction over such articles, and shall not be moved by any person from the place at which they are located when so detained until released by such representative. All official marks may be required by such representative to be removed from such articles before they are released unless it appears to the satisfaction of the director that the articles are eligible to retain such marks.
RCW 69.50.312 — Washington Code / Title 69 / Chapter 50 / Section 312
RCW 69.50.312: Electronic communication of prescription information—Exceptions—Waiver—Penalty—Commission may adopt rules.
Status: in_force

(1) Information concerning a prescription for a controlled substance included in Schedules II through V, or information concerning a refill authorization for a controlled substance included in Schedules III through V, must be electronically communicated to a pharmacy of the patient's choice pursuant to the provisions of this chapter if the electronically communicated prescription information complies with the following: (a) Electronically communicated prescription information must comply with all applicable statutes and rules regarding the form, content, recordkeeping, and processing of a prescription for a legend drug; (b) Prescription drug orders may be released only to the patient or the patient's authorized representative, the prescriber or other authorized practitioner then caring for the patient, or other persons specifically authorized by law to receive such information; (c) The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order received by way of electronic transmission, consistent with federal and state laws and rules and guidelines of the commission. (2) The following are exempt from subsection (1) of this section: (a) Prescriptions issued by veterinarians, as that practice is defined in RCW 18.92.010 ; (b) Prescriptions issued for a patient of a long-term care facility as defined in RCW 18.64.011 , or a hospice program as defined in RCW 18.64.011 ; (c) When the electronic system used for the communication of prescription information is unavailable due to a temporary technological or electronic failure; (d) Prescriptions issued that are intended for prescription fulfillment and dispensing outside Washington state; (e) When the prescriber and pharmacist are employed by the same entity, or employed by entities under common ownership or control; (f) Prescriptions issued for a drug that the United States food and drug administration or the United States drug enforcement administration requires to contain certain elements that are not able to be accomplished electronically; (g) Any controlled substance prescription that requires compounding as defined in RCW 18.64.011 ; (h) Prescriptions issued for the dispensing of a nonpatient specific prescription under a standing order, approved protocol for drug therapy, collaborative drug therapy agreement, in response to a public health emergency, or other circumstances allowed by statute or rule where a practitioner may issue a nonpatient specific prescription; (i) Prescriptions issued under a drug research protocol; (j) Prescriptions issued by a practitioner with the capability of electronic communication of prescription information under this section, when the practitioner reasonably determines it is impractical for the patient to obtain the electronically communicated prescription in a timely manner, and such delay would adversely impact the patient's medical condition; or (k) Prescriptions issued by a prescriber who has received a waiver from the department. (3) The department must develop a waiver process for the requirements of subsection (1) of this section for practitioners due to economic hardship, technological limitations that are not reasonably in the control of the practitioner, or other exceptional circumstance demonstrated by the practitioner. The waiver must be limited to one year or less, or for any other specified time frame set by the department. (4) A pharmacist who receives a written, oral, or faxed prescription is not required to verify that the prescription properly meets any exemptions under this section. Pharmacists may continue to dispense and deliver medications from otherwise valid written, oral, or faxed prescriptions. (5) An individual who violates this section commits a civil violation. Disciplinary authorities may impose a fine of two hundred fifty dollars per violation, not to exceed five thousand dollars per calendar year. Fines imposed under this section must be allocated to the health professions account. (6) Systems used for the electronic communication of prescription information must: (a) Comply with federal laws and rules for electronically communicated prescriptions for controlled substances included in Schedules II through V, as required by Title 21 C.F.R. parts 1300, 1304, 1306, and 1311; (b) Meet the national council for prescription drug prescriber/pharmacist interface SCRIPT standard as determined by the department in rule; (c) Have adequate security and systems safeguards designed to prevent and detect unauthorized access, modification, or manipulation of these records; (d) Provide an explicit opportunity for practitioners to indicate their preference on whether a therapeutically equivalent generic drug may be substituted; and (e) Include the capability to input and track partial fills of a controlled substance prescription in accordance with RCW 18.64.265 .
RCW 69.04.650 — Washington Code / Title 69 / Chapter 04 / Section 650
RCW 69.04.650: Dispensing of certain drugs exempt.
Status: in_force

A drug dispensed on a written prescription signed by a physician, dentist, or veterinarian (except a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail) shall, if (1) such physician, dentist, or veterinarian is licensed by law to administer such drug, and (2) such drug bears a label containing the name and place of business of the dispenser, the serial number and date of such prescription, and the name of such physician, dentist, or veterinarian, be exempt from the operation of RCW 69.04.570 through 69.04.640 .
RCW 69.25.150 — Washington Code / Title 69 / Chapter 25 / Section 150
RCW 69.25.150: Penalties—Liability of employer—Defense.
Status: in_force

(1)(a) Except as provided in (b) of this subsection, any person violating any provision of this chapter or any rule adopted under this chapter is guilty of a misdemeanor. (b) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense. (2) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and that violation has not been punished pursuant to subsection (1) of this section, the director may impose upon and collect from the violator a civil penalty not exceeding one thousand dollars per violation per day. Each violation shall be a separate and distinct offense. (3) When construing or enforcing the provisions of RCW 69.25.110 , the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of the person's employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person. (4) No carrier or warehouse operator shall be subject to the penalties of this chapter, other than the penalties for violation of RCW 69.25.140 , or 69.25.155 , by reason of his or her receipt, carriage, holding, or delivery, in the usual course of business, as a carrier or warehouse operator of eggs or egg products owned by another person unless the carrier or warehouse operator has knowledge, or is in possession of facts which would cause a reasonable person to believe that such eggs or egg products were not eligible for transportation under, or were otherwise in violation of, this chapter, or unless the carrier or warehouse operator refuses to furnish on request of a representative of the director the name and address of the person from whom he or she received such eggs or egg products and copies of all documents, if there be any, pertaining to the delivery of the eggs or egg products to, or by, such carrier or warehouse operator.
RCW 69.80.060 — Washington Code / Title 69 / Chapter 80 / Section 060
RCW 69.80.060: Safe receipt, preparation, and handling of donated food—Rules—Educational materials.
Status: in_force

(1) No later than December 31, 2004, the state board of health shall promulgate rules for the safe receipt, preparation, and handling by distributing organizations of food accepted from donors in order to facilitate the donation of food, free of charge, and to protect the health and safety of needy people. (2) No later than December 31, 2004, the department of health, in consultation with the state board of health, shall develop educational materials for donors containing recommended health and safety guidelines for the preparation and handling of food donated to distributing organizations.
RCW 69.50.380 — Washington Code / Title 69 / Chapter 50 / Section 380
RCW 69.50.380: Cannabis producers, processors, retailers prohibited from making certain sales of cannabis, cannabis products.
Status: in_force

(1) Cannabis producers, processors, and retailers are prohibited from making sales of any cannabis or cannabis product, if the sale of the cannabis or cannabis product is conditioned upon the buyer's purchase of any service or noncannabis product. This subsection applies whether the buyer purchases such service or noncannabis product at the time of sale of the cannabis or cannabis product, or in a separate transaction. (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Cannabis product" means "useable cannabis," "cannabis concentrates," and "cannabis-infused products," as those terms are defined in RCW 69.50.101 . (b) "Noncannabis product" includes paraphernalia, promotional items, lighters, bags, boxes, containers, and such other items as may be identified by the board. (c) "Selling price" has the same meaning as in RCW 69.50.535 . (d) "Service" includes memberships and any other services identified by the board.
RCW 69.25.160 — Washington Code / Title 69 / Chapter 25 / Section 160
RCW 69.25.160: Notice of violation—May take place of prosecution.
Status: in_force

Before any violation of this chapter, other than RCW 69.25.155 , is reported by the director to any prosecuting attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his or her views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the director to report for criminal prosecution violation of this chapter whenever he or she believes that the public interest will be adequately served and compliance with this chapter obtained by a suitable written notice of warning.
RCW 69.50.211 — Washington Code / Title 69 / Chapter 50 / Section 211
RCW 69.50.211: Schedule V tests.
Status: in_force

(a) [(1)] The commission shall place a substance in Schedule V upon finding that: (1) [(a)] the substance has low potential for abuse relative to the controlled substances included in Schedule IV; (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 limited physical dependence or psychological dependence relative to the substances included in Schedule IV. (b) [(2)] The commission may place a substance in Schedule V without being required to make the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule V of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.
RCW 69.43.135 — Washington Code / Title 69 / Chapter 43 / Section 135
RCW 69.43.135: Iodine, methylsulfonylmethane—Sales restrictions—Recording of transactions—Penalties.
Status: in_force

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Iodine matrix" means iodine at a concentration greater than two percent by weight in a matrix or solution. (b) "Matrix" means something, as a substance, in which something else originates, develops, or is contained. (c) "Methylsulfonylmethane" means methylsulfonylmethane in its powder form only, and does not include products containing methylsulfonylmethane in other forms such as liquids, tablets, capsules not containing methylsulfonylmethane in pure powder form, ointments, creams, cosmetics, foods, and beverages. (2) Any person who knowingly purchases in a thirty-day period or possesses any quantity of iodine in its elemental form, an iodine matrix, or more than two pounds of methylsulfonylmethane is guilty of a gross misdemeanor, except as provided in subsection (3) of this section. (3) Subsection (2) of this section does not apply to: (a) A person who possesses iodine in its elemental form or an iodine matrix as a prescription drug, under a prescription issued by a licensed veterinarian, physician, or *advanced registered nurse practitioner; (b) A person who possesses iodine in its elemental form, an iodine matrix, or any quantity of methylsulfonylmethane in its powder form and is actively engaged in the practice of animal husbandry of livestock; (c) A person who possesses iodine in its elemental form or an iodine matrix in conjunction with experiments conducted in a chemistry or chemistry-related laboratory maintained by a: (i) Public or private secondary school; (ii) Public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States department of education; (iii) Manufacturing facility, government agency, or research facility in the course of lawful business activities; (d) A veterinarian, physician, *advanced registered nurse practitioner, pharmacist, retail distributor, wholesaler, manufacturer, warehouse operator, or common carrier, or an agent of any of these persons who possesses iodine in its elemental form, an iodine matrix, or methylsulfonylmethane in its powder form in the regular course of lawful business activities; or (e) A person working in a general hospital who possesses iodine in its elemental form or an iodine matrix in the regular course of employment at the hospital. (4) Any person who purchases any quantity of iodine in its elemental form, an iodine matrix, or any quantity of methylsulfonylmethane must present an identification card or driver's license issued by any state in the United States or jurisdiction of another country before purchasing the item. (5) The Washington state patrol shall develop a form to be used in recording transactions involving iodine in its elemental form, an iodine matrix, or methylsulfonylmethane. A person who sells or otherwise transfers any quantity of iodine in its elemental form, an iodine matrix, or any quantity of methylsulfonylmethane to a person for any purpose authorized in subsection (3) of this section must record each sale or transfer. The record must be made on the form developed by the Washington state patrol and must be retained by the person for at least three years. The Washington state patrol or any local law enforcement agency may request access to the records. (a) Failure to make or retain a record required under this subsection is a misdemeanor. (b) Failure to comply with a request for access to records required under this subsection to the Washington state patrol or a local law enforcement agency is a misdemeanor.
RCW 69.50.535 — Washington Code / Title 69 / Chapter 50 / Section 535
RCW 69.50.535: Cannabis excise tax—Medical exemption—State liquor and cannabis board to review tax level—Reports—State and federal antitrust laws.
Status: in_force

(1)(a) There is levied and collected a cannabis excise tax equal to thirty-seven percent of the selling price on each retail sale in this state of cannabis concentrates, useable cannabis, and cannabis-infused products. This tax is separate and in addition to general state and local sales and use taxes that apply to retail sales of tangible personal property, and is not part of the total retail price to which general state and local sales and use taxes apply. The tax must be separately itemized from the state and local retail sales tax on the sales receipt provided to the buyer. (b) The tax levied in this section must be reflected in the price list or quoted shelf price in the licensed cannabis retail store and in any advertising that includes prices for all useable cannabis, cannabis concentrates, or cannabis-infused products. (2)(a) Until June 30, 2029, the tax levied by subsection (1) of this section does not apply to sales by a cannabis retailer with a medical cannabis endorsement to qualifying patients or designated providers who have been issued a recognition card, of cannabis concentrates, useable cannabis, or cannabis-infused products, identified by the department as a compliant cannabis product in chapter 246-70 WAC and tested to the standards in WAC 246-70-040. (b) Each seller making exempt sales under this subsection (2) must maintain information establishing eligibility for the exemption in the form and manner required by the board. (c) The board must provide a separate tax reporting line on the excise tax form for exemption amounts claimed under this subsection (2). (3) All revenues collected from the cannabis excise tax imposed under this section must be deposited each day in the dedicated cannabis account. (4) The tax imposed in this section must be paid by the buyer to the seller. Each seller must collect from the buyer the full amount of the tax payable on each taxable sale. The tax collected as required by this section is deemed to be held in trust by the seller until paid to the board. If any seller fails to collect the tax imposed in this section or, having collected the tax, fails to pay it as prescribed by the board, whether such failure is the result of the seller's own acts or the result of acts or conditions beyond the seller's control, the seller is, nevertheless, personally liable to the state for the amount of the tax. (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Retail sale" has the same meaning as in RCW 82.08.010 . (b) "Selling price" has the same meaning as in RCW 82.08.010 , except that when product is sold under circumstances where the total amount of consideration paid for the product is not indicative of its true value, "selling price" means the true value of the product sold. (c) "Product" means cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products. (d) "True value" means market value based on sales at comparable locations in this state of the same or similar product of like quality and character sold under comparable conditions of sale to comparable purchasers. However, in the absence of such sales of the same or similar product, true value means the value of the product sold as determined by all of the seller's direct and indirect costs attributable to the product. (6)(a) The board must regularly review the tax level established under this section and make recommendations, in consultation with the department of revenue, to the legislature as appropriate regarding adjustments that would further the goal of discouraging use while undercutting illegal market prices. (b) The board must report, in compliance with RCW 43.01.036 , to the appropriate committees of the legislature every two years. The report at a minimum must include the following: (i) The specific recommendations required under (a) of this subsection; (ii) A comparison of gross sales and tax collections prior to and after any cannabis tax change; (iii) The increase or decrease in the volume of legal cannabis sold prior to and after any cannabis tax change; (iv) Increases or decreases in the number of licensed cannabis producers, processors, and retailers; (v) The number of illegal and noncompliant cannabis outlets the board requires to be closed; (vi) Gross cannabis sales and tax collections in Oregon; and (vii) The total amount of reported sales and use taxes exempted for qualifying patients. The department of revenue must provide the data of exempt amounts to the board. (c) The board is not required to report to the legislature as required in (b) of this subsection after January 1, 2025. (7) The legislature does not intend and does not authorize any person or entity to engage in activities or to conspire to engage in activities that would constitute per se violations of state and federal antitrust laws including, but not limited to, agreements among retailers as to the selling price of any goods sold.
RCW 69.78.010 — Washington Code / Title 69 / Chapter 78 / Section 010
RCW 69.78.010: Finding—Policy.
Status: in_force

(1) The legislature finds that controlled clinical trials provide a critical base of evidence for evaluating whether a medical product is safe and effective before the product is approved for marketing. The United States food and drug administration has evaluated demographic profiles of people participating in clinical trials for approved drugs and found that some groups, especially ethnic and racial groups, are not always well represented in clinical trials. Diversity in clinical trials is necessary to effectively determine how race, gender, and age impact how a person metabolizes a drug. Communities of color have been working diligently to establish a foundation of trust with government and clinical research with the goal of engaging more trial participants who are members of underrepresented demographic groups. Joining clinical trials is a difficult and complex process and the lack of trust and awareness of clinical trials and research, in addition to burdens related to transportation, geography, and access, limit trial participants. The lack of diversity in clinical trials compounds access to treatment disparities and limits our understanding of the impacts of studied interventions and conditions across the population. (2) Therefore, it is the policy of the state to: (a) Improve the completeness and quality of data concerning diverse demographic groups that is collected, reported, and analyzed for the purposes of clinical trials of drugs and medical devices; (b) Identify barriers to participation in clinical trials by persons who are members of demographic groups that are underrepresented in such trials and employ strategies recognized by the United States food and drug administration to encourage greater participation in clinical trials by such persons; (c) Make data concerning demographic groups that is collected, reported, and analyzed for the purposes of clinical trials more available and transparent; and (d) Require certain entities conducting clinical trials to offer trial participants information in a language other than English and provide culturally specific recruitment materials alongside general enrollment materials.
RCW 69.36.050 — Washington Code / Title 69 / Chapter 36 / Section 050
RCW 69.36.050: Duty to prosecute.
Status: in_force

Every prosecuting attorney to whom there is presented, or who in any way procures, satisfactory evidence of any violation of the provisions of this chapter shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay, for the enforcement of the penalties as in such cases herein provided.
RCW 69.04.640 — Washington Code / Title 69 / Chapter 04 / Section 640
RCW 69.04.640: Court review of denial.
Status: in_force

The superior court of Thurston county shall have jurisdiction to review and to affirm, modify, or set aside any order issued under RCW 69.04.600 , upon petition seasonably made by the person to whom the order is addressed and after prompt hearing upon due notice to both parties.
RCW 69.90.010 — Washington Code / Title 69 / Chapter 90 / Section 010
RCW 69.90.010: Definitions.
Status: in_force

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Food product" includes any article other than drugs, whether in raw or prepared form, liquid or solid, or packaged or unpackaged, and which is used for human consumption. (2) "Kosher" means a food product which has been prepared, processed, manufactured, maintained, and sold in accordance with the requisites of traditional Jewish dietary law. (3) "Person" includes individuals, partnerships, corporations, and associations.
RCW 69.07.040 — Washington Code / Title 69 / Chapter 07 / Section 040
RCW 69.07.040: Food processing license—Waiver if licensed under chapter 15.36 RCW—Expiration date—Application, contents—Fee.
Status: in_force

(1) It is unlawful for any person to operate a food processing plant or process foods in the state without first having obtained an annual license from the department, which shall expire on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates. Application for a license shall be on a form prescribed by the director and accompanied by the license fee. The license fee is determined by computing the gross annual sales for the accounting year immediately preceding the license year. If the license is for a new operator, the license fee shall be based on an estimated gross annual sales for the initial license period. If gross annual sales are: The license fee is: $0 to $50,000 $ 92.00 $50,001 to $500,000 $ 147.00 $500,001 to $1,000,000 $ 262.00 $1,000,001 to $5,000,000 $ 427.00 $5,000,001 to $10,000,000 $ 585.00 Greater than $10,000,000 $ 862.00 (2) Applications under this section must include: (a) The full name of the applicant for the license and the location of the food processing plant he or she intends to operate, and if the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership, or names of the officers of the association or corporation; (b) The principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant; and (c) The type of food to be processed and the method or nature of processing operation or preservation of that food and any other necessary information. (3) Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable regulations adopted by the department, the applicant shall be issued a license or renewal. (4) Licenses shall be issued to cover only those products, processes, and operations specified in the license application and approved for licensing. Wherever a license holder wishes to engage in processing a type of food product that is different than the type specified on the application supporting the licensee's existing license and processing that type of food product would require a major addition to or modification of the licensee's processing facilities or has a high potential for harm, the licensee must submit an amendment to the current license application. In such a case, the licensee may engage in processing the new type of food product only after the amendment has been approved by the department. (5) If upon investigation by the director, it is determined that a person is processing food for retail sale and is not under permit, license, or inspection by a local health authority, then that person may be considered a food processor and subject to the provisions of this chapter. (6) The director may waive the licensure requirements of this chapter for a person's operations at a facility if the person has obtained a milk processing plant license under chapter 15.36 RCW to conduct the same or a similar operation at the facility.
RCW 69.04.060 — Washington Code / Title 69 / Chapter 04 / Section 060
RCW 69.04.060: Criminal penalty for violations.
Status: in_force

Except as otherwise provided in this chapter, any person who violates any provision of RCW 69.04.040 is guilty of a misdemeanor and shall on conviction thereof be subject to the following penalties: (1) A fine of not more than two hundred dollars; or (2) If the violation is committed after a conviction of such person under this section has become final, imprisonment for not more than thirty days, or a fine of not more than five hundred dollars, or both such imprisonment and fine.
RCW 69.04.018 — Washington Code / Title 69 / Chapter 04 / Section 018
RCW 69.04.018: "New drug" defined.
Status: in_force

The term "new drug" means (1) any drug the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (2) any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions: PROVIDED, That no drug in use on the *effective date of this chapter shall be regarded as a new drug.
RCW 69.50.204 — Washington Code / Title 69 / Chapter 50 / Section 204
RCW 69.50.204: Schedule I.
Status: in_force

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 .
RCW 69.41.310 — Washington Code / Title 69 / Chapter 41 / Section 310
RCW 69.41.310: Rules.
Status: in_force

The pharmacy quality assurance commission shall specify by rule drugs to be classified as steroids as defined in RCW 69.41.300 . On or before December 1 of each year, the commission shall inform the appropriate legislative committees of reference of the drugs that the commission has added to the steroids in RCW 69.41.300 . The commission shall submit a statement of rationale for the changes.
RCW 69.25.320 — Washington Code / Title 69 / Chapter 25 / Section 320
RCW 69.25.320: Records required, additional—Sales to retailer or food service—Exception—Defense to charged violation—Sale of eggs deteriorated due to storage time—Requirements for storage, display, or transportation.
Status: in_force

(1) In addition to any other records required to be kept and furnished the director under the provisions of this chapter, the director may require any person who sells to any retailer, or to any restaurant, hotel, boarding house, bakery, or any institution or concern which purchases eggs for serving to guests or patrons thereof or for its use in preparation of any food product for human consumption, candled or graded eggs other than those of his or her own production sold and delivered on the premises where produced, to furnish that retailer or other purchaser with an invoice covering each such sale, showing the exact grade or quality, and the size or weight of the eggs sold, according to the standards prescribed by the director, together with the name and address of the person by whom the eggs were sold. The person selling and the retailer or other purchaser shall keep a copy of said invoice on file at his or her place of business for a period of thirty days, during which time the copy shall be available for inspection at all reasonable times by the director: PROVIDED, That no retailer or other purchaser shall be guilty of a violation of this chapter if he or she can establish a guarantee from the person from whom the eggs were purchased to the effect that they, at the time of purchase, conformed to the information required by the director on such invoice: PROVIDED FURTHER, That if the retailer or other purchaser having labeled any such eggs in accordance with the invoice keeps them for such a time after they are purchased as to cause them to deteriorate to a lower grade or standard, and sells them under the label of the invoice grade or standard, he or she shall be guilty of a violation of this chapter. (2) Each retailer and each distributor shall store shell eggs awaiting sale or display eggs under clean and sanitary conditions in areas free from rodents and insects. Shell eggs must be stored up off the floor away from strong odors, pesticides, and cleaners. (3) After being received at the point of first purchase, all graded shell eggs packed in containers for the purpose of sale to consumers shall be held and transported under refrigeration at ambient temperatures no greater than forty-five degrees Fahrenheit (seven and two-tenths degrees Celsius). This provision shall apply without limitation to retailers, institutional users, dealer/wholesalers, food handlers, transportation firms, or any person who handles eggs after the point of first purchase. (4) No invoice shall be required on eggs when packed for sale to the United States department of defense, or a component thereof, if labeled with grades promulgated by the United States secretary of agriculture.
RCW 69.60.080 — Washington Code / Title 69 / Chapter 60 / Section 080
RCW 69.60.080: Exemptions—Application by manufacturer.
Status: in_force

The commission, upon application of a manufacturer, may exempt an over-the-counter drug from the requirements of chapter 69.60 RCW on the grounds that imprinting is infeasible because of size, texture, or other unique characteristics.
RCW 69.28.080 — Washington Code / Title 69 / Chapter 28 / Section 080
RCW 69.28.080: Purchaser to be advised of standards—Exceptions.
Status: in_force

It shall be unlawful for any person to deliver, sell, offer, or expose for sale any honey for human consumption within the state without notifying the person or persons purchasing or intending to purchase the same, of the exact grade or quality of such honey, according to the standards prescribed by the director, by stamping or printing on the container of any such honey such grade or quality: PROVIDED, This section shall not apply to honey while it is in transit in intrastate commerce from one establishment to the other, to be processed, labeled, or repacked.
RCW 69.43.080 — Washington Code / Title 69 / Chapter 43 / Section 080
RCW 69.43.080: False statement in report or record—Class C felony.
Status: in_force

It is unlawful for any person knowingly to make a false statement in connection with any report or record required under this chapter. A violation of this section is a class C felony under chapter 9A.20 RCW.
RCW 69.04.810 — Washington Code / Title 69 / Chapter 04 / Section 810
RCW 69.04.810: Access to records of intrastate carriers.
Status: in_force

For the purpose of enforcing the provisions of this chapter, carriers engaged in intrastate commerce, and persons receiving drugs, devices, or cosmetics in intrastate commerce or holding such articles so received, shall, upon the request of the director, permit the director at reasonable times, to have access to and to copy all records showing the movement in intrastate commerce of any drug, device, or cosmetic, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; and it shall be unlawful for any such carrier or person to fail to permit such access to and the copying of any such records so requested when such request is accompanied by a statement in writing specifying the nature or kind of drug, device, or cosmetic to which such request relates: PROVIDED, That evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained: PROVIDED FURTHER, That carriers shall not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of drugs, devices, or cosmetics in the usual course of business as carriers.
RCW 69.28.420 — Washington Code / Title 69 / Chapter 28 / Section 420
RCW 69.28.420: Embargo on honey or product—Court order affirming, required—Order for destruction or correction and release—Bond.
Status: in_force

When the director has embargoed any honey or product, he or she shall, no later than twenty days after the affixing of notice of its embargo, petition the superior court for an order affirming such embargo. Such court shall then have jurisdiction, for cause shown and after prompt hearing to any claimant of such honey or product, to issue an order which directs the removal of such embargo or the destruction or the correction and release of such honey or product. An order for destruction or correction and release shall contain such provision for the payment of pertinent court costs and fees and administrative expenses, as is equitable and which the court deems appropriate in the circumstances. An order for correction and release may contain such provision for bond, as the court finds indicated in the circumstances.
RCW 69.28.390 — Washington Code / Title 69 / Chapter 28 / Section 390
RCW 69.28.390: "Serious damage" defined.
Status: in_force

The term "serious damage" means any injury or defect that seriously affects the edibility or shipping quality of the honey.
RCW 69.04.006 — Washington Code / Title 69 / Chapter 04 / Section 006
RCW 69.04.006: "Director."
Status: in_force

The term "director" means the director of the department of agriculture of the state of Washington and his or her duly authorized representatives.
RCW 69.51A.235 — Washington Code / Title 69 / Chapter 51A / Section 235
RCW 69.51A.235: Compassionate care renewals—Rules—Effective date.
Status: in_force

The compassionate care renewals permitted in RCW 69.51A.030 and 69.51A.230 take effect November 1, 2019. The department may adopt rules to implement these renewals and to streamline administrative functions. However, the policy established in these sections may not be delayed until the rules are adopted.
RCW 69.04.480 — Washington Code / Title 69 / Chapter 04 / Section 480
RCW 69.04.480: Drugs—Misbranding for failure to state content of habit forming drug.
Status: in_force

A drug or device shall be deemed to be misbranded if it is for use by human beings and contains any quantity of the narcotic or hypnotic substance alpha eucaine, barbituric acid, beta eucaine, bromal, cannabis, as that term is defined in RCW 69.50.101 , carbromal, chloral, coca, cocaine, codeine, heroin, morphine, opium, paraldehyde, peyote, or sulphomethane; or any chemical derivative of such substance, which derivative has been designated as habit forming by regulations promulgated under section 502(d) of the federal act; unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement "Warning — May be habit forming."
RCW 69.43.168 — Washington Code / Title 69 / Chapter 43 / Section 168
RCW 69.43.168: Pharmacy, shopkeeper, or itinerant vendor—Electronic sales tracking system—Liability.
Status: in_force

A pharmacy, shopkeeper, or itinerant vendor participating in the electronic sales tracking system under RCW 69.43.110 (4): (1) Is not liable for civil damages resulting from any act or omission in carrying out the requirements of RCW 69.43.110 (4), other than an act or omission constituting gross negligence or willful or wanton misconduct; and (2) Is not liable for civil damages resulting from a data breach that was proximately caused by a failure on the part of the electronic sales tracking system to take reasonable care through the use of industry standard levels of encryption to guard against unauthorized access to account information that is in the possession or control of the system.
RCW 69.41.042 — Washington Code / Title 69 / Chapter 41 / Section 042
RCW 69.41.042: Record requirements.
Status: in_force

A pharmaceutical manufacturer, wholesaler, pharmacy, or practitioner who purchases, dispenses, or distributes legend drugs shall maintain invoices or such other records as are necessary to account for the receipt and disposition of the legend drugs. The records maintained pursuant to this section shall be available for inspection by the commission and its authorized representatives and shall be maintained for two years.
RCW 69.04.017 — Washington Code / Title 69 / Chapter 04 / Section 017
RCW 69.04.017: "Antiseptic" as germicide.
Status: in_force

The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.
RCW 69.43.105 — Washington Code / Title 69 / Chapter 43 / Section 105
RCW 69.43.105: Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Record of transaction—Exceptions—Penalty.
Status: in_force

(1) For purposes of this section, "traditional Chinese herbal practitioner" means a person who is certified as a diplomate in Chinese herbology from the national certification commission for acupuncture and oriental medicine or who has received a certificate in Chinese herbology from a school accredited by the accreditation council on acupuncture and oriental medicine. (2) A pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, a practitioner as defined in RCW 18.64.011 , or a traditional Chinese herbal practitioner may not knowingly sell, transfer, or otherwise furnish to any person a product at retail that he or she knows to contain any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, without first obtaining photo identification of the person that shows the date of birth of the person. (3) A person buying or receiving a product at retail containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, from a pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, a practitioner as defined in RCW 18.64.011 , or a traditional Chinese herbal practitioner must first produce photo identification of the person that shows the date of birth of the person. (4) Any product containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, shall be kept (a) behind a counter where the public is not permitted, or (b) in a locked display case so that a customer wanting access must ask an employee of the merchant for assistance. (5) No pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, a practitioner as defined in RCW 18.64.011 , or a traditional Chinese herbal practitioner may sell any product containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, to a person that is not at least eighteen years old. (6) A pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW selling a nonprescription drug containing ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers shall require the purchaser to electronically or manually sign a record of the transaction. The record must include the name and address of the purchaser, the date and time of the sale, the name and initials of the shopkeeper, itinerant vendor, pharmacist, pharmacy technician, or employee conducting the transaction, the name of the product being sold, as well as the total quantity in grams, of ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, being sold. (7) The pharmacy quality assurance commission, by rule, may exempt products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, in combination with another active ingredient from the requirements of this section if they are found not to be used in the illegal manufacture of methamphetamine or other controlled dangerous substances. A manufacturer of a drug product may apply for removal of the product from the requirements of this section if the product is determined by the commission to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine. The burden of proof for exemption is upon the person requesting the exemption. The petitioner shall provide the commission with evidence that the product has been formulated in such a way as to serve as an effective general deterrent to the conversion of pseudoephedrine into methamphetamine. The evidence must include the furnishing of a valid scientific study, conducted by an independent, professional laboratory and evincing professional quality chemical analysis. Factors to be considered in whether a product should be excluded from this section include but are not limited to: (a) Ease with which the product can be converted to methamphetamine; (b) Ease with which ephedrine, pseudoephedrine, or phenylpropanolamine is extracted from the substance and whether it forms an emulsion, salt, or other form; (c) Whether the product contains a "molecular lock" that renders it incapable of being converted into methamphetamine; (d) Presence of other ingredients that render the product less likely to be used in the manufacture of methamphetamine; and (e) Any pertinent data that can be used to determine the risk of the substance being used in the illegal manufacture of methamphetamine or any other controlled substance. (8) Nothing in this section applies: (a) To any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers that is not the only active ingredient and that is in liquid, liquid capsule, or gel capsule form; (b) To the sale of a product that may only be sold upon the presentation of a prescription; (c) To the sale of a product by a traditional Chinese herbal practitioner to a patient; or (d) When the details of the transaction are recorded in a pharmacy profile individually identified with the recipient and maintained by a licensed pharmacy. (9)(a) No pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, a practitioner as defined in RCW 18.64.011 , or a traditional Chinese herbal practitioner may retaliate against any employee that has made a good faith attempt to comply with the requirements of this section by requesting that a customer present photo identification, making a reasonable effort to determine the customer's age. (b) No pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, a practitioner as defined in RCW 18.64.011 , or a traditional Chinese herbal practitioner is subject to prosecution under subsection (10) of this section if they made a good faith attempt to comply with the requirements of this section by requesting that a customer present photo identification, making a reasonable effort to determine the customer's age. (10) A violation of this section is a gross misdemeanor.
RCW 69.70.100 — Washington Code / Title 69 / Chapter 70 / Section 100
RCW 69.70.100: Resale of prescription drugs not authorized.
Status: in_force

Nothing in this chapter authorizes the resale of prescription drugs by any person.
RCW 69.28.280 — Washington Code / Title 69 / Chapter 28 / Section 280
RCW 69.28.280: "Deceptive arrangement" defined.
Status: in_force

The term "deceptive arrangement" shall mean any lot or load, arrangement or display of honey which has in any exposed surface, honey which is so superior in quality, appearance or condition, or in any other respects, to any of that which is concealed or unexposed as to materially misrepresent any part of the lot, load, arrangement or display.
RCW 69.50.302 — Washington Code / Title 69 / Chapter 50 / Section 302
RCW 69.50.302: Registration requirements.
Status: in_force

(1) Every person who manufactures, distributes, or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this state, shall obtain annually a registration issued by the commission in accordance with the commission's rules. (2) A person registered by the commission under this chapter to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by the registration and in conformity with this Article. (3) The following persons need not register and may lawfully possess controlled substances under this chapter: (a) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if the agent or employee is acting in the usual course of business or employment. This exemption shall not include any agent or employee distributing sample controlled substances to practitioners without an order; (b) A common or contract carrier or warehouse operator, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment; (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a substance included in Schedule V. (4) The commission may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers upon finding it consistent with the public health and safety. Personal practitioners licensed or registered in the state of Washington under the respective professional licensing acts shall not be required to be registered under this chapter unless the specific exemption is denied pursuant to RCW 18.64.022 and 18.64.026 for violation of any provisions of this chapter. (5) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances. (6) The department, at the direction of the commission, may inspect the establishment of a registrant or applicant for registration in accordance with rules adopted by the commission.
RCW 69.28.310 — Washington Code / Title 69 / Chapter 28 / Section 310
RCW 69.28.310: "Honey" defined.
Status: in_force

The term "honey" as used herein is the nectar of floral exudations of plants, gathered and stored in the comb by honey bees (apis mellifica). It is laevo-rotatory, contains not more than twenty-five percent of water, not more than twenty-five one-hundredths of one percent of ash, not more than eight percent of sucrose, its specific gravity is 1.412, its weight not less than eleven pounds twelve ounces per standard gallon of 231 cubic inches at sixty-eight degrees Fahrenheit.
RCW 69.50.309 — Washington Code / Title 69 / Chapter 50 / Section 309
RCW 69.50.309: Containers.
Status: in_force

A person to whom or for whose use any controlled substance has been prescribed, sold, or dispensed by a practitioner, and the owner of any animal for which such controlled substance has been prescribed, sold, or dispensed may lawfully possess it only in the container in which it was delivered to him or her by the person selling or dispensing the same.
RCW 69.60.050 — Washington Code / Title 69 / Chapter 60 / Section 050
RCW 69.60.050: Noncompliance—Contraband—Fine.
Status: in_force

(1) Any over-the-counter medication prepared or manufactured or offered for sale in violation of this chapter or implementing rules shall be contraband and subject to seizure, in the same manner as contraband legend drugs under RCW 69.41.060 . (2) A purveyor who fails to comply with this chapter after one notice of noncompliance by the board is subject to a one thousand dollar civil fine for each instance of noncompliance.
RCW 69.50.4014 — Washington Code / Title 69 / Chapter 50 / Section 4014
RCW 69.50.4014: Possession of forty grams or less of cannabis—Penalty—Referral to assessment and services.
Status: in_force

(1) Except as provided in RCW 69.50.401 (2)(c) or as otherwise authorized by this chapter, any person found guilty of knowing possession of 40 grams or less of cannabis is guilty of a misdemeanor. The prosecutor is encouraged to divert cases under this section for assessment, treatment, or other services. (2) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450 , law enforcement assisted diversion programs established under RCW 71.24.589 , and the recovery navigator program established under RCW 71.24.115 .
RCW 69.53.010 — Washington Code / Title 69 / Chapter 53 / Section 010
RCW 69.53.010: Unlawful use of building for drug purposes—Liability of owner or manager—Penalty.
Status: in_force

(1) It is unlawful for any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, to knowingly rent, lease, or make available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance under chapter 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52 RCW. (2) It shall be a defense for an owner, manager, or other person in control pursuant to subsection (1) of this section to, in good faith, notify a law enforcement agency of suspected drug activity pursuant to subsection (1) of this section, or to process an unlawful detainer action for drug-related activity against the tenant or occupant. (3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW.
RCW 69.40.025 — Washington Code / Title 69 / Chapter 40 / Section 025
RCW 69.40.025: Supplementary to existing laws—Enforcement.
Status: in_force

*This act shall be supplementary to the laws of this state now in force prohibiting the adulteration of food and fraud in the sale thereof; and the state dairy and food commissioner, the chemist of the state agricultural experiment station, the state attorney general and the prosecuting attorneys of the several counties of this state are hereby required, without additional compensation, to assist in the execution of *this act, and in the prosecution of all persons charged with the violation thereof, in like manner and with like powers as they are now authorized and required by law to enforce the laws of this state against the adulteration of food and fraud in the sale thereof.
RCW 69.04.820 — Washington Code / Title 69 / Chapter 04 / Section 820
RCW 69.04.820: Right of entry to factories, warehouses, vehicles, etc.
Status: in_force

For the purpose of enforcing the provisions of this chapter, the director is authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment subject to this chapter, or to enter any vehicle being used to transport or hold drugs, devices, or cosmetics in intrastate commerce; and (2) to inspect, at reasonable times, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, labeling, and advertisements therein.
RCW 69.51.040 — Washington Code / Title 69 / Chapter 51 / Section 040
RCW 69.51.040: Controlled substances therapeutic research program.
Status: in_force

(1) There is established in the commission the controlled substances therapeutic research program. The program shall be administered by the department. The commission shall promulgate rules necessary for the proper administration of the Controlled Substances Therapeutic Research Act. In such promulgation, the commission shall take into consideration those pertinent rules promulgated by the United States drug enforcement agency, the food and drug administration, and the national institute on drug abuse. (2) Except as provided in RCW 69.51.050 (4), the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification review committee by a practitioner as being involved in a life-threatening or sense-threatening situation. No patient may be admitted to the controlled substances therapeutic research program without full disclosure by the practitioner of the experimental nature of this program and of the possible risks and side effects of the proposed treatment in accordance with the informed consent provisions of chapter 7.70 RCW. (3) The commission shall provide by rule for a program of registration with the department of bona fide controlled substance therapeutic research projects.
RCW 69.57.030 — Washington Code / Title 69 / Chapter 57 / Section 030
RCW 69.57.030: Restriction on sale of covered products—Labeling requirements.
Status: in_force

A covered entity shall not: (1) Sell or transfer a covered product except to a commercial business in accordance with RCW 69.57.040 ; or (2) Sell or offer to sell, directly or indirectly, a covered product without a label notice that meets the requirements of RCW 69.57.050 .
RCW 69.30.005 — Washington Code / Title 69 / Chapter 30 / Section 005
RCW 69.30.005: Purpose.
Status: in_force

The purpose of this chapter is to provide for the sanitary control of shellfish. Protection of the public health requires assurances that commercial shellfish are harvested only from approved growing areas and that processing of shellfish is conducted in a safe and sanitary manner.
RCW 69.50.378 — Washington Code / Title 69 / Chapter 50 / Section 378
RCW 69.50.378: Cannabis retailer holding medical cannabis endorsement—THC concentration in products.
Status: in_force

A cannabis retailer or a cannabis retailer holding a medical cannabis endorsement may sell products with a THC concentration of 0.3 percent or less. Cannabis retailers holding a medical cannabis endorsement may also provide these products at no charge to qualifying patients or designated providers.
RCW 69.50.206 — Washington Code / Title 69 / Chapter 50 / Section 206
RCW 69.50.206: Schedule II.
Status: in_force

(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 .
RCW 69.45.060 — Washington Code / Title 69 / Chapter 45 / Section 060
RCW 69.45.060: Disposal of surplus, outdated, or damaged drug samples.
Status: in_force

Surplus, outdated, or damaged drug samples shall be disposed of as follows: (1) Returned to the manufacturer; or (2) Witnessed destruction by such means as to assure that the drug cannot be retrieved. However, controlled substances shall be returned to the manufacturer or disposed of in accordance with rules adopted by the commission: PROVIDED, That the commission shall adopt by rule the regulations of the federal drug enforcement administration or its lawful successor unless, stating reasonable grounds, it adopts rules consistent with such regulations.
RCW 69.25.070 — Washington Code / Title 69 / Chapter 25 / Section 070
RCW 69.25.070: Egg handler's or dealer's license—Denial, suspension, revocation, or conditional issuance.
Status: in_force

The department shall deny, suspend, or revoke a license or a conditional license if it determines that an applicant or licensee has committed any of the following acts: (1) That the applicant or licensee is violating or has violated any of the provisions of this chapter or rules and regulations adopted thereunder. (2) That the application contains any materially false or misleading statement or involves any misrepresentation by any officer, agent, or employee of the applicant. (3) That the applicant or licensee has concealed or withheld any facts regarding any violation of this chapter by any officer, agent, or employee of the applicant or licensee.
RCW 69.22.070 — Washington Code / Title 69 / Chapter 22 / Section 070
RCW 69.22.070: Cottage foods operations permit—Denial, suspension, or revocation.
Status: in_force

(1) After conducting a hearing, the director may deny, suspend, or revoke any permit provided for in this chapter if it is determined that a permittee has committed any of the following acts: (a) Refused, neglected, or failed to comply with the provisions of this chapter, any rules adopted to administer this chapter, or any lawful order of the director; (b) Refused, neglected, or failed to keep and maintain records required by this chapter, or to make the records available when requested pursuant to the provisions of this chapter; (c) Consistent with RCW 69.22.060 , refused the director access to the permitted area of a domestic residence housing a cottage food operation for the purpose of carrying out the provisions of this chapter; (d) Consistent with RCW 69.22.060 , refused the department access to any records required to be kept under the provisions of this chapter; or (e) Exceeded the annual income limits provided in RCW 69.22.050 . (2) The director may summarily suspend a permit issued under this chapter if the director finds that a cottage food operation is operating under conditions that constitute an immediate danger to public health or if the director is denied access to the permitted area of a domestic residence housing a cottage food operation and records where the access was sought for the purposes of enforcing or administering this chapter.
RCW 69.48.090 — Washington Code / Title 69 / Chapter 48 / Section 090
RCW 69.48.090: Program funding.
Status: in_force

(1) A covered manufacturer or group of covered manufacturers must pay all administrative and operational costs associated with establishing and implementing the drug take-back program in which they participate. Such administrative and operational costs include, but are not limited to: Collection and transportation supplies for each collection site; purchase of secure collection receptacles for each collection site; ongoing maintenance or replacement of secure collection receptacles when requested by authorized collectors; prepaid, preaddressed mailers; compensation of authorized collectors, if applicable; operation of periodic collection events, including the cost of law enforcement staff time; transportation of all collected covered drugs to final disposal; environmentally sound disposal of all collected covered drugs in compliance with RCW 69.48.080 ; and program promotion and outreach. (2) A program operator, covered manufacturer, authorized collector, or other person may not charge: (a) A specific point-of-sale fee to consumers to recoup the costs of a drug take-back program; or (b) A specific point-of-collection fee at the time covered drugs are collected from covered entities.
RCW 69.51A.280 — Washington Code / Title 69 / Chapter 51A / Section 280
RCW 69.51A.280: Topical, ingestible products—THC concentration.
Status: in_force

Neither this chapter nor chapter 69.50 RCW prohibits a health care professional from selling or donating topical, noningestible products that have a THC concentration of less than .3 percent to qualifying patients.
RCW 69.04.003 — Washington Code / Title 69 / Chapter 04 / Section 003
RCW 69.04.003: "Federal act" defined.
Status: in_force

The term "federal act" means the federal food, drug, and cosmetic act, approved on June 25, 1938. (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.)
RCW 69.50.435 — Washington Code / Title 69 / Chapter 50 / Section 435
RCW 69.50.435: Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction—Definitions.
Status: in_force

(1) Any person who violates RCW 69.50.401 by manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance listed under RCW 69.50.401 or who violates RCW 69.50.410 by selling for profit any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204 , except leaves and flowering tops of cannabis to a person: (a) In a school; (b) On a school bus; (c) Within one thousand feet of a school bus route stop designated by the school district; (d) Within one thousand feet of the perimeter of the school grounds; (e) In a public park; (f) In a public housing project designated by a local governing authority as a drug-free zone; (g) On a public transit vehicle; (h) In a public transit stop shelter; (i) At a civic center designated as a drug-free zone by the local governing authority; or (j) Within one thousand feet of the perimeter of a facility designated under (i) of this subsection, if the local governing authority specifically designates the one thousand foot perimeter may be punished by a fine of up to twice the fine otherwise authorized by this chapter, but not including twice the fine authorized by RCW 69.50.406 , or by imprisonment of up to twice the imprisonment otherwise authorized by this chapter, but not including twice the imprisonment authorized by RCW 69.50.406 , or by both such fine and imprisonment. The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by this chapter for an offense. (2) It is not a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place while in a school or school bus or within one thousand feet of the school or school bus route stop, in a public park, in a public housing project designated by a local governing authority as a drug-free zone, on a public transit vehicle, in a public transit stop shelter, at a civic center designated as a drug-free zone by the local governing authority, or within one thousand feet of the perimeter of a facility designated under subsection (1)(i) of this section, if the local governing authority specifically designates the one thousand foot perimeter. (3) It is not a defense to a prosecution for a violation of this section or any other prosecution under this chapter that persons under the age of eighteen were not present in the school, the school bus, the public park, the public housing project designated by a local governing authority as a drug-free zone, or the public transit vehicle, or at the school bus route stop, the public transit vehicle stop shelter, at a civic center designated as a drug-free zone by the local governing authority, or within one thousand feet of the perimeter of a facility designated under subsection (1)(i) of this section, if the local governing authority specifically designates the one thousand foot perimeter at the time of the offense or that school was not in session. (4) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling, or possessing with the intent to manufacture, sell, or deliver any controlled substance in RCW 69.50.401 for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter. (5) In a prosecution under this section, a map produced or reproduced by any municipality, school district, county, transit authority engineer, or public housing authority for the purpose of depicting the location and boundaries of the area on or within one thousand feet of any property used for a school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or a civic center designated as a drug-free zone by a local governing authority, or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district, county, or transit authority has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within one thousand feet of the school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or civic center designated as a drug-free zone by a local governing authority. Any map approved under this section or a true copy of the map shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram other than the one which has been approved by the governing body of a municipality, school district, county, transit authority, or public housing authority if the map or diagram is otherwise admissible under court rule. (6) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise: (a) "School" has the meaning under RCW 28A.150.010 or 28A.150.020 . The term "school" also includes a private school approved under RCW 28A.195.010 ; (b) "School bus" means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system; (c) "School bus route stop" means a school bus stop as designated by a school district; (d) "Public park" means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government; (e) "Public transit vehicle" means any motor vehicle, streetcar, train, trolley vehicle, or any other device, vessel, or vehicle which is owned or operated by a transit authority and which is used for the purpose of carrying passengers on a regular schedule; (f) "Transit authority" means a city, county, or state transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles; (g) "Stop shelter" means a passenger shelter designated by a transit authority; (h) "Civic center" means a publicly owned or publicly operated place or facility used for recreational, educational, or cultural activities; (i) "Public housing project" means the same as "housing project" as defined in RCW 35.82.020 . (7) The fines imposed by this section apply to adult offenders only.
RCW 69.51A.055 — Washington Code / Title 69 / Chapter 51A / Section 055
RCW 69.51A.055: Limitations of chapter—Persons under supervision.
Status: in_force

(1)(a) The arrest and prosecution protections established in RCW 69.51A.040 may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department, including local governments or jails, that has determined that the terms of this section are inconsistent with and contrary to his or her supervision. (b) The affirmative defense established in RCW 69.51A.045 may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department, including local governments or jails, that has determined that the terms of this section are inconsistent with and contrary to his or her supervision. (2) RCW 69.51A.040 does not apply to a person who is supervised for a criminal conviction by a corrections agency or department, including local governments or jails, that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision.
RCW 69.25.090 — Washington Code / Title 69 / Chapter 25 / Section 090
RCW 69.25.090: Sanitary operation of official plants—Inspection refused if requirements not met.
Status: in_force

(1) The operator of each official plant shall operate such plant in accordance with such sanitary practices and shall have such premises, facilities, and equipment as are required by regulations promulgated by the director to effectuate the purposes of this chapter, including requirements for segregation and disposition of restricted eggs. (2) The director shall refuse to render inspection to any plant whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section.
RCW 69.50.509 — Washington Code / Title 69 / Chapter 50 / Section 509
RCW 69.50.509: Search and seizure of controlled substances.
Status: in_force

If, upon the sworn complaint of any person, it shall be made to appear to any judge of the superior court, district court, or municipal court that there is probable cause to believe that any controlled substance is being used, manufactured, sold, bartered, exchanged, administered, dispensed, delivered, distributed, produced, knowingly possessed, given away, furnished or otherwise disposed of or kept in violation of the provisions of this chapter, such judge shall, with or without the approval of the prosecuting attorney, issue a warrant directed to any law enforcement officer of the state, commanding him or her to search the premises designated and described in such complaint and warrant, and to seize all controlled substances there found, together with the vessels in which they are contained, and all implements, furniture and fixtures used or kept for the illegal manufacture, sale, barter, exchange, administering, dispensing, delivering, distributing, producing, possessing, giving away, furnishing or otherwise disposing of such controlled substances, and to safely keep the same, and to make a return of said warrant within three days, showing all acts and things done thereunder, with a particular statement of all articles seized and the name of the person or persons in whose possession the same were found, if any, and if no person be found in the possession of said articles, the returns shall so state. The provisions of RCW 10.31.030 as now or hereafter amended shall apply to actions taken pursuant to this chapter.
RCW 69.50.207 — Washington Code / Title 69 / Chapter 50 / Section 207
RCW 69.50.207: Schedule III tests.
Status: in_force

(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.
RCW 69.28.140 — Washington Code / Title 69 / Chapter 28 / Section 140
RCW 69.28.140: Possession of unlawful honey as evidence.
Status: in_force

Possession by any person, of any honey which is sold, exposed or offered for sale in violation of this chapter shall be prima facie evidence that the same is kept or shipped to the said person, in violation of the provisions of this chapter.
RCW 69.07.103 — Washington Code / Title 69 / Chapter 07 / Section 103
RCW 69.07.103: Poultry—Slaughter, preparation, sale—One thousand or fewer—Special permit—Rules—Fee.
Status: in_force

(1) A special permit issued by the department under this section is required for the slaughter, preparation, and sale of one thousand or fewer poultry in a calendar year by a poultry producer for the sale of whole raw poultry directly to the ultimate consumer at the producer's farm. Activities conducted under the permit are exempt from any other licensing requirements of this chapter. (2)(a) The department must adopt by rule requirements for the permit. The requirements must be generally patterned after those established by the state board of health for temporary food service establishments, but must be tailored specifically to poultry slaughter, preparation, and sale activities. The requirements must include, but are not limited to, those for: Cooling procedures, when applicable; sanitary facilities, equipment, and utensils; clean water; washing and other hygienic practices; and waste and wastewater disposal. (b) A permit expires December 31st and may be issued for either one or two years as requested by the permit applicant upon payment of the applicable fee in accordance with subsection (4) of this section. (3) The department shall conduct such inspections as are reasonably necessary to ensure compliance with permit requirements. (4) The fee for a special permit is seventy-five dollars for one year, or one hundred twenty-five dollars for two years.
RCW 69.30.130 — Washington Code / Title 69 / Chapter 30 / Section 130
RCW 69.30.130: Water pollution laws and rules applicable.
Status: in_force

All existing laws and rules and regulations governing the pollution of waters of the state shall apply in the control of pollution of shellfish growing areas.The identity of any fruits or vegetables represented as having been stored in a room or warehouse subject to the provisions of this chapter shall be maintained, by the CA number issued to the licensee in whose warehouse such fruits and vegetables were stored and the state lot inspection number issued by the director for such fruits or vegetables, from the time it leaves such warehouse through the various channels of trade and transportation to the retailer.
RCW 69.48.140 — Washington Code / Title 69 / Chapter 48 / Section 140
RCW 69.48.140: Antitrust immunity.
Status: in_force

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.
RCW 69.25.050 — Washington Code / Title 69 / Chapter 25 / Section 050
RCW 69.25.050: Egg handler's or dealer's license and number—Branch license—Application, fee, posting required, procedure.
Status: in_force

(1)(a) No person may act as an egg handler or dealer without first obtaining an annual license and permanent dealer's number from the department. (b) Application for an egg dealer license and renewal or egg dealer branch license must be made through the business licensing system as provided under chapter 19.02 RCW and expires on the business license expiration date. The annual egg dealer license fee is thirty dollars and the annual egg dealer branch license fee is fifteen dollars. A copy of the business license issued under chapter 19.02 RCW must be posted at each location where the licensee operates. The application must include the full name of the applicant for the license, the location of each facility the applicant intends to operate, and, if applicable, documentation of compliance with RCW 69.25.065 or 69.25.103 . (2) If an applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation must be given on the application. The application must further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant and any other necessary information prescribed by the director. (3) The applicant must be issued a license or renewal under this section upon the approval of the application and compliance with the provisions of this chapter, including the applicable rules adopted by the department. (4) The license and permanent egg handler or dealer's number is nontransferable.
RCW 69.50.563 — Washington Code / Title 69 / Chapter 50 / Section 563
RCW 69.50.563: Licensed cannabis businesses—Civil penalty—Rules.
Status: in_force

(1) The board may issue a civil penalty without first issuing a notice of correction if: (a) The licensee has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; (b) Compliance is not achieved by the date established by the board in a previously issued notice of correction and if the board has responded to a request for review of the date by reaffirming the original date or establishing a new date; or (c) The board can prove by a preponderance of the evidence: (i) Diversion of cannabis product to the illicit market or sales across state lines; (ii) Furnishing of cannabis product to minors; (iii) Diversion of revenue to criminal enterprises, gangs, cartels, or parties not qualified to hold a cannabis license based on criminal history requirements; (iv) The commission of noncannabis-related crimes; or (v) Knowingly making a misrepresentation of fact to the board, an officer of the board, or an employee of the board related to conduct or an action that is, or is alleged to be, any of the violations identified in (c)(i) through (iv) of this subsection (1). (2) The board may adopt rules to implement this section and RCW 43.05.160 .
RCW 69.41.150 — Washington Code / Title 69 / Chapter 41 / Section 150
RCW 69.41.150: Liability of practitioner, pharmacist.
Status: in_force

(1) A practitioner who authorizes a prescribed drug shall not be liable for any side effects or adverse reactions caused by the manner or method by which a substituted drug product is selected or dispensed. (2) A pharmacist who substitutes a therapeutically equivalent drug product pursuant to RCW 69.41.100 through 69.41.180 as now or hereafter amended assumes no greater liability for selecting the dispensed drug product than would be incurred in filling a prescription for a drug product prescribed by its established name. (3) A pharmacist who substitutes a preferred drug for a nonpreferred drug pursuant to RCW 69.41.190 assumes no greater liability for substituting the preferred drug than would be incurred in filling a prescription for the preferred drug when prescribed by name. (4) A pharmacist who selects an interchangeable biological product to be dispensed pursuant to RCW 69.41.100 through 69.41.180 , and the pharmacy for which the pharmacist is providing service, assumes no greater liability for selecting the interchangeable biological product than would be incurred in filling a prescription for the interchangeable biological product when prescribed by name. The prescribing practitioner is not liable for a pharmacist's act or omission in selecting, preparing, or dispensing an interchangeable biological product under this section.
RCW 69.41.200 — Washington Code / Title 69 / Chapter 41 / Section 200
RCW 69.41.200: Requirements for identification of legend drugs—Marking.
Status: in_force

(1) No legend drug in solid dosage form may be manufactured or commercially distributed within this state unless it has clearly marked or imprinted on it an individual symbol, number, company name, words, letters, marking, or National Drug Code number identifying the drug and the manufacturer or distributor of such drug. (2) No manufacturer or distributor may sell any legend drug contained within a bottle, vial, carton, or other container, or in any way affixed or appended to or enclosed within a package of any kind designed or intended for delivery in such container or package to an ultimate consumer within this state unless such container or package has clearly and permanently marked or imprinted on it an individual symbol, number, company name, words, letters, marking, or National Drug Code number identifying the drug and the manufacturer or distributor of such drug. (3) Whenever the distributor of a legend drug does not also manufacture it, the names and places of businesses of both shall appear on the stock container or package label in words that truly distinguish each.
RCW 69.28.030 — Washington Code / Title 69 / Chapter 28 / Section 030
RCW 69.28.030: Rules prescribing standards.
Status: in_force

The director is hereby authorized, and it shall be his or her duty, upon the taking effect of this chapter and from time to time thereafter, to adopt, establish, and promulgate reasonable rules and regulations specifying grades or standards of quality governing the sale of honey: PROVIDED, That, in the interest of uniformity, such grades and standards of quality shall conform as nearly to those established by the United States department of agriculture as local conditions will permit.
RCW 69.28.200 — Washington Code / Title 69 / Chapter 28 / Section 200
RCW 69.28.200: "Container" defined.
Status: in_force

The term "container" shall mean any box, crate, chest, carton, barrel, keg, bottle, jar, can or any other receptacle containing honey.
RCW 69.41.055 — Washington Code / Title 69 / Chapter 41 / Section 055
RCW 69.41.055: Electronic communication of prescription information—Commission may adopt rules—Long-term care facilities and hospice programs.
Status: in_force

(1) Information concerning an original prescription or information concerning a prescription refill for a legend drug may be electronically communicated between an authorized practitioner and a pharmacy of the patient's choice with no intervening person having access to the prescription drug order pursuant to the provisions of this chapter if the electronically communicated prescription information complies with the following: (a) Electronically communicated prescription information must comply with all applicable statutes and rules regarding the form, content, recordkeeping, and processing of a prescription or order for a legend drug; (b) An explicit opportunity for practitioners must be made to indicate their preference on whether or not a therapeutically equivalent generic drug or interchangeable biological product may be substituted. This section does not limit the ability of practitioners and pharmacists to permit substitution by default under a prior-consent authorization; (c) Prescription drug orders are confidential health information, and may be released only to the patient or the patient's authorized representative, the prescriber or other authorized practitioner then caring for the patient, or other persons specifically authorized by law to receive such information; (d) To maintain confidentiality of prescription records, the electronic system shall have adequate security and systems safeguards designed to prevent and detect unauthorized access, modification, or manipulation of these records; and (e) The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order received by way of electronic transmission, consistent with federal and state laws and rules and guidelines of the commission. (2) The electronic signature of the prescribing practitioner's agent on behalf of the prescribing practitioner for a resident in a long-term care facility or hospice program, pursuant to a valid order and authorization under RCW 18.64.550 , constitutes a valid electronic communication of prescription information. Such an authorized signature and transmission by an agent in a long-term care facility or hospice program does not constitute an intervening person having access to the prescription drug order. (3) The commission may adopt rules implementing this section.
RCW 69.50.530 — Washington Code / Title 69 / Chapter 50 / Section 530
RCW 69.50.530: Dedicated cannabis account.
Status: in_force

The dedicated cannabis account is created in the state treasury. All moneys received by the board, or any employee thereof, from cannabis-related activities must be deposited in the account. Unless otherwise provided in chapter 4, Laws of 2015 2nd sp. sess., all cannabis excise taxes collected from sales of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products under RCW 69.50.535 , and the license fees, penalties, and forfeitures derived under this chapter from cannabis producer, cannabis processor, cannabis researcher, and cannabis retailer licenses, must be deposited in the account. Moneys in the account may only be spent after appropriation.
RCW 69.91.900 — Washington Code / Title 69 / Chapter 91 / Section 900
RCW 69.91.900: Short title.
Status: in_force

This chapter may be known and cited as the halal food consumer protection act.
RCW 69.51A.300 — Washington Code / Title 69 / Chapter 51A / Section 300
RCW 69.51A.300: Continuing education programs for health care providers.
Status: in_force

The board of naturopathy, the board of osteopathic medicine and surgery, the Washington medical commission, and the state board of nursing shall develop and approve continuing education programs related to the use of cannabis for medical purposes for the health care providers that they each regulate that are based upon practice guidelines that have been adopted by each entity.
RCW 69.28.020 — Washington Code / Title 69 / Chapter 28 / Section 020
RCW 69.28.020: Enforcement power and duty of director and agents.
Status: in_force

The director is hereby empowered, through his or her duly authorized agents, to enforce all provisions of this chapter. The director shall have the power to define, promulgate, and enforce such reasonable regulations as he or she may deem necessary in carrying out the provisions of this chapter.
RCW 69.41.340 — Washington Code / Title 69 / Chapter 41 / Section 340
RCW 69.41.340: Student athletes—Violations—Penalty.
Status: in_force

The superintendent of public instruction, in consultation with the Washington interscholastic activity association, shall promulgate rules by January 1, 1990, regarding loss of eligibility to participate in school-sponsored athletic events for any student athlete found to have violated this chapter. The regents or trustees of each institution of higher education shall promulgate rules by January 1, 1990, regarding loss of eligibility to participate in school-sponsored athletic events for any student athlete found to have violated this chapter.
RCW 69.07.110 — Washington Code / Title 69 / Chapter 07 / Section 110
RCW 69.07.110: Enforcement of chapter.
Status: in_force

The department may use all the civil remedies provided for in the food safety and security act under chapter 15.130 RCW in carrying out and enforcing the provisions of this chapter.
RCW 69.45.010 — Washington Code / Title 69 / Chapter 45 / Section 010
RCW 69.45.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter. (1) "Commission" means the pharmacy quality assurance commission. (2) "Controlled substance" means a drug, substance, or immediate precursor of such drug or substance, so designated under or pursuant to chapter 69.50 RCW, the uniform controlled substances act. (3) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a drug or device, whether or not there is an agency relationship. (4) "Department" means the department of health. (5) "Dispense" means the interpretation of a prescription or order for a drug, biological, or device and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery. (6) "Distribute" means to deliver, other than by administering or dispensing, a legend drug. (7) "Drug samples" means any federal food and drug administration approved controlled substance, legend drug, or products requiring prescriptions in this state, which is distributed at no charge to a practitioner by a manufacturer or a manufacturer's representative, exclusive of drugs under clinical investigations approved by the federal food and drug administration. (8) "Legend drug" means any drug that is required by state law or by regulations of the commission to be dispensed on prescription only or is restricted to use by practitioners only. (9) "Manufacturer" means a person or other entity engaged in the manufacture or distribution of drugs or devices, but does not include a manufacturer's representative. (10) "Manufacturer's representative" means an agent or employee of a drug manufacturer who is authorized by the drug manufacturer to possess drug samples for the purpose of distribution in this state to appropriately authorized health care practitioners. (11) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. (12) "Practitioner" means a physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, 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 pharmacist under chapter 18.64 RCW, a commissioned medical or dental officer in the United States armed forces or the public health service in the discharge of his or her official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his or her official duties, a registered nurse or *advanced registered nurse practitioner under chapter 18.79 RCW when authorized to prescribe by the state board of nursing, or a physician assistant under chapter 18.71A RCW when authorized by the Washington medical commission. (13) "Reasonable cause" means a state of facts found to exist that would warrant a reasonably intelligent and prudent person to believe that a person has violated state or federal drug laws or regulations. (14) "Secretary" means the secretary of health or the secretary's designee.
RCW 69.43.130 — Washington Code / Title 69 / Chapter 43 / Section 130
RCW 69.43.130: Exemptions—Pediatric products—Products exempted by the pharmacy quality assurance commission.
Status: in_force

RCW 69.43.110 and 69.43.120 do not apply to: (1) Pediatric products primarily intended for administration to children under twelve years of age, according to label instructions, either: (a) In solid dosage form whose individual dosage units do not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine; or (b) in liquid form whose recommended dosage, according to label instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product; (2) Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce; (3) Products that the pharmacy quality assurance commission, upon application of a manufacturer, exempts by rule from RCW 69.43.110 and 69.43.120 because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts or precursors; or (4) Products, as packaged, that the pharmacy quality assurance commission, upon application of a manufacturer, exempts from RCW 69.43.110 (1) and 69.43.120 because: (a) The product meets the federal definition of an ordinary over-the-counter pseudoephedrine product as defined in 21 U.S.C. 802; (b) The product is a salt, isomer, or salts of isomers of pseudoephedrine and, as packaged, has a total weight of more than three grams but the net weight of the pseudoephedrine base is equal to or less than three grams; and (c) The pharmacy quality assurance commission determines that the value to the people of the state of having the product, as packaged, available for sale to consumers outweighs the danger, and the product, as packaged, has not been used in the illegal manufacture of methamphetamine.
RCW 69.07.020 — Washington Code / Title 69 / Chapter 07 / Section 020
RCW 69.07.020: Enforcement—Rules—Adoption—Contents—Standards.
Status: in_force

(1) The department shall enforce and carry out the provisions of this chapter, and may adopt the necessary rules to carry out its purposes. (2) Such rules may include: (a) Standards for temperature controls in the storage of foods, so as to provide proper refrigeration. (b) Standards for temperatures at which low acid foods must be processed and the length of time such temperatures must be applied and at what pressure in the processing of such low acid foods. (c) Standards and types of recording devices that must be used in providing records of the processing of low acid foods, and how they shall be made available to the department of agriculture for inspection. (d) Requirements for the keeping of records of the temperatures, times and pressures at which foods were processed, or for the temperatures at which refrigerated products were stored by the licensee and the furnishing of such records to the department. (e) Standards that must be used to establish the temperature and purity of water used in the processing of foods. (3) The department may adopt rules specific to cannabis-infused edibles. Such rules must be written and interpreted to be consistent with rules adopted by the board and the department of health. (4) The department may adopt rules specific to hemp extract certification to implement RCW 69.07.220 .
RCW 69.07.095 — Washington Code / Title 69 / Chapter 07 / Section 095
RCW 69.07.095: Authority of director and personnel.
Status: in_force

The director or the director's deputies, assistants, and inspectors are authorized to do all acts and things necessary to carry out the provisions of this chapter, including the taking of verified statements. The department personnel are empowered to administer oaths of verification on the statement.
RCW 69.04.761 — Washington Code / Title 69 / Chapter 04 / Section 761
RCW 69.04.761: Hearing on proposed regulation—Procedure.
Status: in_force

The director shall hold a public hearing upon a proposal to promulgate any new or amended regulation under this chapter. The procedure to be followed concerning such hearings shall comply in all respects with chapter 34.05 RCW (Administrative Procedure Act) as now enacted or hereafter amended.
RCW 69.41.280 — Washington Code / Title 69 / Chapter 41 / Section 280
RCW 69.41.280: Confidentiality.
Status: in_force

All records, reports, and information obtained by the pharmacy quality assurance commission or its authorized representatives from or on behalf of a pharmaceutical manufacturer, representative of a manufacturer, wholesaler, pharmacy, or practitioner who purchases, dispenses, or distributes legend drugs under this chapter are confidential and exempt from public inspection and copying under chapter 42.56 RCW. Nothing in this section restricts the investigations or the proceedings of the commission so long as the commission and its authorized representatives comply with the provisions of chapter 42.56 RCW.
RCW 69.55.020 — Washington Code / Title 69 / Chapter 55 / Section 020
RCW 69.55.020: Unlawful storage of ammonia.
Status: in_force

A person is guilty of the crime of unlawful storage of ammonia if the person possesses, transports, or delivers pressurized ammonia gas or pressurized ammonia gas solution in a container that (1) is not approved by the United States department of transportation to hold ammonia, or (2) was not constructed to meet state and federal industrial health and safety standards for holding ammonia. Violation of this section is a class C felony. This section does not apply to public employees or private contractors authorized to clean up and dispose of hazardous waste or toxic substances under chapter 70A.300 or 70A.305 RCW or to solid waste haulers and their employees who unknowingly possess, transport, or deliver pressurized ammonia gas or pressurized ammonia gas solution during the course of the performance of their duties.
RCW 69.60.070 — Washington Code / Title 69 / Chapter 60 / Section 070
RCW 69.60.070: Imprinting requirements—Retailers and wholesalers.
Status: in_force

All over-the-counter medications manufactured in, received by, distributed to, or shipped to any retailer or wholesaler in this state after January 1, 1994, shall meet the requirements of this chapter. No over-the-counter medication may be sold to a consumer in this state after January 1, 1995, unless such over-the-counter medication complies with the imprinting requirements of this chapter.
RCW 69.06.040 — Washington Code / Title 69 / Chapter 06 / Section 040
RCW 69.06.040: Application of chapter to retail food establishments.
Status: in_force

This chapter shall apply to any retail establishment engaged in the business of food handling or food service.
RCW 69.04.005 — Washington Code / Title 69 / Chapter 04 / Section 005
RCW 69.04.005: "Sale."
Status: in_force

The term "sale" means any and every sale and includes (1) manufacture, processing, packing, canning, bottling, or any other production, preparation, or putting up; (2) exposure, offer, or any other proffer; (3) holding, storing, or any other possessing; (4) dispensing, giving, delivering, serving, or any other supplying; and (5) applying, administering, or any other using.
RCW 69.51A.040 — Washington Code / Title 69 / Chapter 51A / Section 040
RCW 69.51A.040: Compliance with chapter—Qualifying patients and designated providers not subject to penalties—Law enforcement not subject to liability.
Status: in_force

The medical use of cannabis in accordance with the terms and conditions of this chapter does not constitute a crime and a qualifying patient or designated provider in compliance with the terms and conditions of this chapter may not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, cannabis under state law, or have real or personal property seized or forfeited for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, cannabis under state law, and investigating law enforcement officers and agencies may not be held civilly liable for failure to seize cannabis in this circumstance, if: (1)(a)(i) The qualifying patient or designated provider has been entered into the medical cannabis authorization database and holds a valid recognition card or the qualifying patient or designated provider holds a valid authorization if the qualifying patient or designated provider has not been entered into the medical cannabis authorization database and has not been issued a recognition card, and the qualifying patient or designated provider possesses no more than the amount of cannabis concentrates, useable cannabis, plants, or cannabis-infused products authorized under RCW 69.51A.210 . (ii) If a person is both a qualifying patient and a designated provider for another qualifying patient, the person may possess no more than twice the amounts described in RCW 69.51A.210 for the qualifying patient and designated provider, whether the plants, cannabis concentrates, useable cannabis, or cannabis-infused products are possessed individually or in combination between the qualifying patient and his or her designated provider. However, in accordance with RCW 69.51A.260 , no more than 15 plants may be grown or located in any one housing unit other than a cooperative established pursuant to RCW 69.51A.250 ; (b) The qualifying patient or designated provider presents his or her recognition card or, if the qualifying patient or designated provider does not have a recognition card, then his or her authorization, to any law enforcement officer who questions the patient or provider regarding his or her medical use of cannabis; (c) The qualifying patient or designated provider keeps a copy of his or her recognition card if the qualifying patient or designated provider has a recognition card, or keeps a copy of his or her authorization if the qualifying patient or designated provider does not have a recognition card, and keeps a copy of the qualifying patient or designated provider's contact information posted prominently next to any plants, cannabis concentrates, cannabis-infused products, or useable cannabis located at his or her residence; (d) The investigating law enforcement officer does not possess evidence that: (i) The designated provider has converted cannabis produced or obtained for the qualifying patient for his or her own personal use or benefit; or (ii) The qualifying patient sold, donated, or supplied cannabis to another person; and (e) The designated provider has not served as a designated provider to more than one qualifying patient within a fifteen-day period; or (2) The qualifying patient or designated provider participates in a cooperative as provided in RCW 69.51A.250 .
RCW 69.41.062 — Washington Code / Title 69 / Chapter 41 / Section 062
RCW 69.41.062: Search and seizure at rental premises—Notification of landlord.
Status: in_force

Whenever a legend drug which is sold, delivered, or possessed in violation of this chapter is seized at rental premises, the law enforcement agency shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records and at any other address known by the law enforcement agency, of the seizure and the location of the seizure.
RCW 69.28.120 — Washington Code / Title 69 / Chapter 28 / Section 120
RCW 69.28.120: Floral source labels.
Status: in_force

Any honey which is a blend of two or more floral types of honey shall not be labeled as a honey product from any one particular floral source alone.
RCW 69.10.020 — Washington Code / Title 69 / Chapter 10 / Section 020
RCW 69.10.020: Exemption from licensure—Independent inspection—Report to department.
Status: in_force

(1) A food storage warehouse that is inspected for compliance with the current good manufacturing practices (Title 21 C.F.R. part 110) on at least an annual basis by an independent sanitation consultant approved by the department is not required to be licensed under this chapter. A report identifying the inspector and the inspecting entity, the date of the inspection, and any violations noted on such inspection shall be forwarded to the department by the food storage warehouse within sixty days of the completion of the inspection. An inspection shall be conducted and an inspection report for a food storage warehouse shall be filed with the department at least once every twelve months or the warehouse shall be licensed under this chapter and inspected by the department for a period of two years. (2) A food storage warehouse used to store alcohol beverages manufactured or distributed under a license issued pursuant to chapter 66.24 RCW is not required to be licensed under this chapter, provided alcohol beverages are the only food stored in the warehouse.
RCW 69.48.130 — Washington Code / Title 69 / Chapter 48 / Section 130
RCW 69.48.130: Secure drug take-back program account.
Status: in_force

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.
RCW 69.53.020 — Washington Code / Title 69 / Chapter 53 / Section 020
RCW 69.53.020: Unlawful fortification of building for drug purposes—Penalty.
Status: in_force

(1) It is unlawful for any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, to knowingly allow the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the unlawful manufacture, delivery, sale, storage, or gift of any controlled substance under chapter 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52 RCW. (2) It shall be a defense for an owner, manager, or other person in control pursuant to subsection (1) of this section to, in good faith, notify a law enforcement agency of suspected drug activity pursuant to subsection (1) of this section, or to process an unlawful detainer action for drug-related activity against the tenant or occupant. (3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW.
RCW 69.04.800 — Washington Code / Title 69 / Chapter 04 / Section 800
RCW 69.04.800: Access to records of other agencies.
Status: in_force

For the purpose of enforcing the provisions of this chapter, pertinent records of any administrative agency of the state government shall be open to inspection by the director.
RCW 69.28.060 — Washington Code / Title 69 / Chapter 28 / Section 060
RCW 69.28.060: Requisites of markings.
Status: in_force

When any markings are used or required to be used under this chapter on any container of honey to identify the container or describe the contents thereof, such markings must be plainly and conspicuously marked, stamped, stenciled, printed, labeled or branded in the English language, in letters large enough to be discernible by any person, on the front, side or top of any container.
RCW 69.25.240 — Washington Code / Title 69 / Chapter 25 / Section 240
RCW 69.25.240: Condemnation—Recovery of damages restricted.
Status: in_force

No state court shall allow the recovery of damages for administrative action for condemnation under the provisions of this chapter, if the court finds that there was probable cause for such action.
RCW 69.51A.230 — Washington Code / Title 69 / Chapter 51A / Section 230
RCW 69.51A.230: Medical cannabis authorization database—Recognition cards.
Status: in_force

(1) The department must contract with an entity to create, administer, and maintain a secure and confidential medical cannabis authorization database that allows: (a) A cannabis retailer with a medical cannabis endorsement to add a qualifying patient or designated provider and include the amount of cannabis concentrates, useable cannabis, cannabis-infused products, or plants for which the qualifying patient is authorized under RCW 69.51A.210 ; (b) Persons authorized to prescribe or dispense controlled substances to access health care information on their patients for the purpose of providing medical or pharmaceutical care for their patients; (c) A qualifying patient or designated provider to request and receive his or her own health care information or information on any person or entity that has queried their name or information; (d) Appropriate local, state, tribal, and federal law enforcement or prosecutorial officials who are engaged in a bona fide specific investigation of suspected cannabis-related activity that may be illegal under Washington state law to confirm the validity of the recognition card of a qualifying patient or designated provider; (e) A cannabis retailer holding a medical cannabis endorsement to confirm the validity of the recognition card of a qualifying patient or designated provider; (f) The department of revenue to verify tax exemptions under chapters 82.08 and 82.12 RCW; (g) The liquor and cannabis board to verify excise tax exemptions under RCW 69.50.535 ; (h) The department and the health care professional's disciplining authorities to monitor authorizations and ensure compliance with this chapter and chapter 18.130 RCW by their licensees; and (i) Authorizations to expire six months or one year after entry into the medical cannabis authorization database, depending on whether the authorization is for a minor or an adult. (2) A qualifying patient and his or her designated provider, if any, may be placed in the medical cannabis authorization database at a cannabis retailer with a medical cannabis endorsement. After a qualifying patient or designated provider is placed in the medical cannabis authorization database, he or she must be provided with a recognition card that contains identifiers required in subsection (3) of this section. (3) The recognition card requirements must be developed by the department in rule and include: (a) A randomly generated and unique identifying number; (b) For designated providers, the unique identifying number of the qualifying patient whom the provider is assisting; (c) A photograph of the qualifying patient's or designated provider's face taken by an employee of the cannabis retailer with a medical cannabis endorsement at the same time that the qualifying patient or designated provider is being placed in the medical cannabis authorization database in accordance with rules adopted by the department; (d) The amount of cannabis concentrates, useable cannabis, cannabis-infused products, or plants for which the qualifying patient is authorized under RCW 69.51A.210 ; (e) The effective date and expiration date of the recognition card; (f) The name of the health care professional who authorized the qualifying patient or designated provider; and (g) For the recognition card, additional security features as necessary to ensure its validity. (4)(a) For qualifying patients who are eighteen years of age or older and their designated providers, recognition cards are valid for one year from the date the health care professional issued the authorization. For qualifying patients who are under the age of eighteen and their designated providers, recognition cards are valid for six months from the date the health care professional issued the authorization. Qualifying patients may not be reentered into the medical cannabis authorization database until they have been reexamined by a health care professional and determined to meet the definition of qualifying patient. After reexamination, a cannabis retailer with a medical cannabis endorsement must reenter the qualifying patient or designated provider into the medical cannabis authorization database and a new recognition card will then be issued in accordance with department rules. (b) A qualifying patient's registration in the medical cannabis authorization database and his or her recognition card may be renewed by a qualifying patient's designated provider without the physical presence of the qualifying patient at the retailer if the authorization from the health care professional indicates that the qualifying patient qualifies for a compassionate care renewal, as provided in RCW 69.51A.030 . A qualifying patient receiving renewals under the compassionate care renewal provisions is exempt from the photograph requirements under subsection (3)(c) of this section. (5) If a recognition card is lost or stolen, a cannabis retailer with a medical cannabis endorsement, in conjunction with the database administrator, may issue a new card that will be valid for six months to one year if the patient is reexamined by a health care professional and determined to meet the definition of qualifying patient and depending on whether the patient is under the age of eighteen or eighteen years of age or older as provided in subsection (4) of this section. If a reexamination is not performed, the expiration date of the replacement recognition card must be the same as the lost or stolen recognition card. (6) The database administrator must remove qualifying patients and designated providers from the medical cannabis authorization database upon expiration of the recognition card. Qualifying patients and designated providers may request to remove themselves from the medical cannabis authorization database before expiration of a recognition card and health care professionals may request to remove qualifying patients and designated providers from the medical cannabis authorization database if the patient or provider no longer qualifies for the medical use of cannabis. The database administrator must retain database records for at least five calendar years to permit the state liquor and cannabis board and the department of revenue to verify eligibility for tax exemptions. (7) During development of the medical cannabis authorization database, the database administrator must consult with the department, stakeholders, and persons with relevant expertise to include, but not be limited to, qualifying patients, designated providers, health care professionals, state and local law enforcement agencies, and the University of Washington computer science and engineering security and privacy research lab or a certified cybersecurity firm, vendor, or service. (8) The medical cannabis authorization database must meet the following requirements: (a) Any personally identifiable information included in the database must be nonreversible, pursuant to definitions and standards set forth by the national institute of standards and technology; (b) Any personally identifiable information included in the database must not be susceptible to linkage by use of data external to the database; (c) The database must incorporate current best differential privacy practices, allowing for maximum accuracy of database queries while minimizing the chances of identifying the personally identifiable information included therein; and (d) The database must be upgradable and updated in a timely fashion to keep current with state of the art privacy and security standards and practices. (9)(a) Personally identifiable information of qualifying patients and designated providers included in the medical cannabis authorization database is confidential and exempt from public disclosure, inspection, or copying under chapter 42.56 RCW. (b) Information contained in the medical cannabis authorization database may be released in aggregate form, with all personally identifiable information redacted, for the purpose of statistical analysis and oversight of agency performance and actions. (c) Information contained in the medical cannabis authorization database shall not be shared with the federal government or its agents unless the particular qualifying patient or designated provider is convicted in state court for violating this chapter or chapter 69.50 RCW. (10) The department must charge a one dollar fee for each initial and renewal recognition card issued by a cannabis retailer with a medical cannabis endorsement. The cannabis retailer with a medical cannabis endorsement shall collect the fee from the qualifying patient or designated provider at the time that he or she is entered into the database and issued a recognition card. The department shall establish a schedule for cannabis retailers with a medical cannabis endorsement to remit the fees collected. Fees collected under this subsection shall be deposited into the dedicated cannabis account created under RCW 69.50.530 . (11) If the database administrator fails to comply with this section, the department may cancel any contracts with the database administrator and contract with another database administrator to continue administration of the database. A database administrator who fails to comply with this section is subject to a fine of up to five thousand dollars in addition to any penalties established in the contract. Fines collected under this section must be deposited into the dedicated cannabis account created under RCW 69.50.530 . (12) The department may adopt rules to implement this section.
RCW 69.48.030 — Washington Code / Title 69 / Chapter 48 / Section 030
RCW 69.48.030: Requirement to participate in a drug take-back program.
Status: in_force

A covered manufacturer must establish and implement a drug take-back program that complies with the requirements of this chapter. A manufacturer that becomes a covered manufacturer after June 7, 2018, must, no later than six months after the date on which the manufacturer became a covered manufacturer, participate in an approved drug take-back program or establish and implement a drug take-back program that complies with the requirements of this chapter. A covered manufacturer may establish and implement a drug take-back program independently, as part of a group of covered manufacturers, or through membership in a drug take-back organization.
RCW 69.43.140 — Washington Code / Title 69 / Chapter 43 / Section 140
RCW 69.43.140: Enforcement—Pharmacy quality assurance commission waiver.
Status: in_force

(1) Chapter 18.64 RCW governs the denial of permits and the discipline of permits issued under this chapter. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice of persons required to obtain a permit under this chapter. (2) The pharmacy quality assurance commission may waive action taken under chapter 18.64 RCW against a permit issued under this chapter if the permittee establishes that he or she acted in good faith to prevent violations of this chapter, and the violation occurred despite the licensee's or registrant's exercise of due diligence. In making such a determination, the pharmacy quality assurance commission may consider evidence that an employer trained employees on how to sell, transfer, or otherwise furnish substances specified in RCW 69.43.010 (1) in accordance with applicable laws.
RCW 69.57.060 — Washington Code / Title 69 / Chapter 57 / Section 060
RCW 69.57.060: Records.
Status: in_force

A covered entity shall retain sale and transfer records and documentation for each purchase or transfer of a covered product for three years from the date of sale or transfer.
RCW 69.51A.045 — Washington Code / Title 69 / Chapter 51A / Section 045
RCW 69.51A.045: Possession of plants, cannabis concentrates, useable cannabis, or cannabis-infused products exceeding lawful amount—Affirmative defense.
Status: in_force

(1) A qualifying patient or designated provider in possession of plants, cannabis concentrates, useable cannabis, or cannabis-infused products exceeding the limits set forth in this chapter but otherwise in compliance with all other terms and conditions of this chapter may establish an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that the qualifying patient's necessary medical use exceeds the amounts set forth in RCW 69.51A.040 . (2) An investigating law enforcement officer may seize plants, cannabis concentrates, useable cannabis, or cannabis-infused products exceeding the amounts set forth in this chapter. In the case of plants, the qualifying patient or designated provider shall be allowed to select the plants that will remain at the location. The officer and his or her law enforcement agency may not be held civilly liable for failure to seize cannabis in this circumstance.
RCW 69.41.250 — Washington Code / Title 69 / Chapter 41 / Section 250
RCW 69.41.250: Exemptions.
Status: in_force

(1) The commission, upon application of a manufacturer, may exempt a particular legend drug from the requirements of RCW 69.41.050 and 69.41.200 through 69.41.260 on the grounds that imprinting is infeasible because of size, texture, or other unique characteristics. (2) The provisions of RCW 69.41.050 and 69.41.200 through 69.41.260 shall not apply to any legend drug which is prepared or manufactured by a pharmacy in this state and is for the purpose of retail sale from such pharmacy and not intended for resale.
RCW 69.50.315 — Washington Code / Title 69 / Chapter 50 / Section 315
RCW 69.50.315: Medical assistance—Drug-related overdose—Prosecution for possession.
Status: in_force

(1) A person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013 , or penalized under RCW 69.50.4014 , if the evidence for the charge of possession of a controlled substance was obtained as a result of the person seeking medical assistance. (2) A person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013 , or penalized under RCW 69.50.4014 , if the evidence for the charge of possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance. (3) The protection in this section from prosecution for possession crimes under RCW 69.50.4013 shall not be grounds for suppression of evidence in other criminal charges.
RCW 69.51A.005 — Washington Code / Title 69 / Chapter 51A / Section 005
RCW 69.51A.005: Purpose and intent.
Status: in_force

(1) The legislature finds that: (a) There is medical evidence that some patients with terminal or debilitating medical conditions may, under their health care professional's care, benefit from the medical use of cannabis. Some of the conditions for which cannabis appears to be beneficial include, but are not limited to: (i) Nausea, vomiting, and cachexia associated with cancer, HIV-positive status, AIDS, hepatitis C, anorexia, and their treatments; (ii) Severe muscle spasms associated with multiple sclerosis, epilepsy, and other seizure and spasticity disorders; (iii) Acute or chronic glaucoma; (iv) Crohn's disease; and (v) Some forms of intractable pain. (b) Humanitarian compassion necessitates that the decision to use cannabis by patients with terminal or debilitating medical conditions is a personal, individual decision, based upon their health care professional's professional medical judgment and discretion. (2) Therefore, the legislature intends that, so long as such activities are in strict compliance with this chapter: (a) Qualifying patients with terminal or debilitating medical conditions who, in the judgment of their health care professionals, may benefit from the medical use of cannabis, shall not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law based solely on their medical use of cannabis, notwithstanding any other provision of law; (b) Persons who act as designated providers to such patients shall also not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law, notwithstanding any other provision of law, based solely on their assisting with the medical use of cannabis; and (c) Health care professionals shall also not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law for the proper authorization of medical use of cannabis by qualifying patients for whom, in the health care professional's professional judgment, the medical use of cannabis may prove beneficial. (3) Nothing in this chapter establishes the medical necessity or medical appropriateness of cannabis for treating terminal or debilitating medical conditions as defined in RCW 69.51A.010 . (4) Nothing in this chapter diminishes the authority of correctional agencies and departments, including local governments or jails, to establish a procedure for determining when the use of cannabis would impact community safety or the effective supervision of those on active supervision for a criminal conviction, nor does it create the right to any accommodation of any medical use of cannabis in any correctional facility or jail.
RCW 69.48.070 — Washington Code / Title 69 / Chapter 48 / Section 070
RCW 69.48.070: Drug take-back program promotion.
Status: in_force

(1) A drug take-back program must develop and provide a system of promotion, education, and public outreach about the safe storage and secure collection of covered drugs. This system may include signage, written materials to be provided at the time of purchase or delivery of covered drugs, and advertising or other promotional materials. At a minimum, each program must: (a) Promote the safe storage of legend drugs and nonlegend drugs by residents before secure disposal through a drug take-back program; (b) Discourage residents from disposing of covered drugs in solid waste collection, sewer, or septic systems; (c) Promote the use of the drug take-back program so that where and how to return covered drugs is widely understood by residents, pharmacists, retail pharmacies, health care facilities and providers, veterinarians, and veterinary hospitals; (d) Establish a toll-free telephone number and website publicizing collection options and collection sites and discouraging improper disposal practices for covered drugs, such as flushing them or placing them in the garbage; (e) Prepare educational and outreach materials that: Promote safe storage of covered drugs; discourage the disposal of covered drugs in solid waste collection, sewer, or septic systems; and describe how to return covered drugs to the drug take-back program. The materials must use plain language and explanatory images to make collection services and discouraged disposal practices readily understandable to all residents, including residents with limited English proficiency; (f) Disseminate the educational and outreach materials described in (e) of this subsection to pharmacies, health care facilities, and other interested parties for dissemination to covered entities; (g) Work with authorized collectors to develop a readily recognizable, consistent design of collection receptacles, as well as clear, standardized instructions for covered entities on the use of collection receptacles. The department may provide guidance to program operators on the development of the instructions and design; and (h) Annually report on its promotion, outreach, and public education activities in its annual report required by RCW 69.48.100 . (2) If more than one drug take-back program is approved by the department, the programs must coordinate their promotional activities to ensure that all state residents can easily identify, understand, and access the collection services provided by any drug take-back program. Coordination efforts must include providing residents with a single toll-free telephone number and single website to access information about collection services for every approved program, including presenting all available collection sites, mail-back distribution locations, and take-back events to ensure residents are able to access the most convenient method of collection, regardless of the program operator, and must manage requests for prepaid, preaddressed mailing envelopes from covered entities and from retail pharmacies as provided in RCW 69.48.060 (3)(e). (3) Pharmacies and other entities that sell medication in the state are encouraged to promote secure disposal of covered drugs through the use of one or more approved drug take-back programs. Upon request, a pharmacy must provide materials explaining the use of approved drug take-back programs to its customers. The program operator must provide pharmacies with these materials upon request and at no cost to the pharmacy. (4) The department, the health care authority, the department of social and health services, the department of ecology, and any other state agency that is responsible for health, solid waste management, and wastewater treatment shall, through their standard educational methods, promote safe storage of prescription and nonprescription drugs by covered entities, secure disposal of covered drugs through a drug take-back program, and the toll-free telephone number and website for approved drug take-back programs. Local health jurisdictions and local government agencies are encouraged to promote approved drug take-back programs. (5) The department: (a) Shall conduct a survey of covered entities and a survey of pharmacists, health care providers, and veterinarians who interact with covered entities on the use of medicines after the first full year of operation of the drug take-back program, and again every two years thereafter. Survey questions must: Measure consumer awareness of the drug take-back program; assess the extent to which collection sites and other collection methods are convenient and easy to use; assess knowledge and attitudes about risks of abuse, poisonings, and overdoses from drugs used in the home; and assess covered entities' practices with respect to unused, unwanted, or expired drugs, both currently and prior to implementation of the drug take-back program; and (b) May, upon review of results of public awareness surveys, direct a program operator for an approved drug take-back program to modify the program's promotion and outreach activities to better achieve widespread awareness among Washington state residents and health care professionals about where and how to return covered drugs to the drug take-back program.
RCW 69.50.575 — Washington Code / Title 69 / Chapter 50 / Section 575
RCW 69.50.575: Cannabis health and beauty aids.
Status: in_force

(1) Cannabis health and beauty aids are not subject to the regulations and penalties of this chapter that apply to cannabis, cannabis concentrates, or cannabis-infused products. (2) For purposes of this section, "cannabis health and beauty aid" means a product containing parts of the cannabis plant and which: (a) Is intended for use only as a topical application to provide therapeutic benefit or to enhance appearance; (b) Contains a THC concentration of not more than 0.3 percent; (c) Does not cross the blood-brain barrier; and (d) Is not intended for ingestion by humans or animals.
RCW 69.48.180 — Washington Code / Title 69 / Chapter 48 / Section 180
RCW 69.48.180: Rule making.
Status: in_force

The department shall adopt any rules necessary to implement and enforce this chapter.
RCW 69.51A.290 — Washington Code / Title 69 / Chapter 51A / Section 290
RCW 69.51A.290: Medical cannabis consultant certificate.
Status: in_force

A medical cannabis consultant certificate is hereby established. (1) In addition to any other authority provided by law, the secretary of the department may: (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter; (b) Establish forms and procedures necessary to administer this chapter; (c) Approve training or education programs that meet the requirements of this section and any rules adopted to implement it; (d) Receive criminal history record information that includes nonconviction information data for any purpose associated with initial certification or renewal of certification. The secretary shall require each applicant for initial certification to obtain a state or federal criminal history record information background check through the state patrol or the state patrol and the identification division of the federal bureau of investigation prior to the issuance of any certificate. The secretary shall specify those situations where a state background check is inadequate and an applicant must obtain an electronic fingerprint-based national background check through the state patrol and federal bureau of investigation. Situations where a background check is inadequate may include instances where an applicant has recently lived out-of-state or where the applicant has a criminal record in Washington; (e) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.110 and 43.70.250 ; and (f) Maintain the official department record of all applicants and certificate holders. (2) A training or education program approved by the secretary must include the following topics: (a) The medical conditions that constitute terminal or debilitating conditions, and the symptoms of those conditions; (b) Short and long-term effects of cannabinoids; (c) Products that may benefit qualifying patients based on the patient's terminal or debilitating medical condition; (d) Risks and benefits of various routes of administration; (e) Safe handling and storage of useable cannabis, cannabis-infused products, and cannabis concentrates, including strategies to reduce access by minors; (f) Demonstrated knowledge of this chapter and the rules adopted to implement it; and (g) Other subjects deemed necessary and appropriate by the secretary to ensure medical cannabis consultant certificate holders are able to provide evidence-based and medically accurate advice on the medical use of cannabis. (3) Medical cannabis consultant certificates are subject to annual renewals and continuing education requirements established by the secretary. (4) The secretary shall have the power to refuse, suspend, or revoke the certificate of any medical cannabis consultant upon proof that: (a) The certificate was procured through fraud, misrepresentation, or deceit; (b) The certificate holder has committed acts in violation of subsection (6) of this section; or (c) The certificate holder has violated or has permitted any employee or volunteer to violate any of the laws of this state relating to drugs or controlled substances or has been convicted of a felony. In any case of the refusal, suspension, or revocation of a certificate by the secretary under the provisions of this chapter, appeal may be taken in accordance with chapter 34.05 RCW, the administrative procedure act. (5) A medical cannabis consultant may provide the following services when acting as an owner, employee, or volunteer of a retail outlet licensed under RCW 69.50.354 and holding a medical cannabis endorsement under RCW 69.50.375 : (a) Assisting a customer with the selection of products sold at the retail outlet that may benefit the qualifying patient's terminal or debilitating medical condition; (b) Describing the risks and benefits of products sold at the retail outlet; (c) Describing the risks and benefits of methods of administration of products sold at the retail outlet; (d) Advising a customer about the safe handling and storage of useable cannabis, cannabis-infused products, and cannabis concentrates, including strategies to reduce access by minors; and (e) Providing instruction and demonstrations to customers about proper use and application of useable cannabis, cannabis-infused products, and cannabis concentrates. (6) Nothing in this section authorizes a medical cannabis consultant to: (a) Offer or undertake to diagnose or cure any human disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, by use of cannabis or any other means or instrumentality; or (b) Recommend or suggest modification or elimination of any course of treatment that does not involve the medical use of cannabis. (7) Nothing in this section requires an owner, employee, or volunteer of a retail outlet licensed under RCW 69.50.354 and holding a medical cannabis endorsement under RCW 69.50.375 to obtain a medical cannabis consultant certification. (8) Nothing in this section applies to the practice of a health care profession by individuals who are licensed, certified, or registered in a profession listed in RCW 18.130.040 (2) and who are performing services within their authorized scope of practice.
RCW 69.50.4015 — Washington Code / Title 69 / Chapter 50 / Section 4015
RCW 69.50.4015: Involving a person under eighteen in unlawful controlled substance transaction—Penalty.
Status: in_force

(1) It is unlawful to compensate, threaten, solicit, or in any other manner involve a person under the age of eighteen years in a transaction unlawfully to manufacture, sell, or deliver a controlled substance. (2) A violation of this section is a class C felony punishable according to chapter 9A.20 RCW.