RCW 69.50.101
Definitions.
(Effective until June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
(a) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
(b) the patient or research subject at the direction and in the presence of the practitioner.
(2) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.
(3) "Board" means the Washington state liquor and cannabis board.
(4) "Cannabis" means all parts of the plant
Cannabis
, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis during the growing cycle through harvest and usable cannabis. "Cannabis" does not include hemp or industrial hemp as defined in RCW 15.140.020, or seeds used for licensed hemp production under chapter
15.140
RCW.
(5) "Cannabis concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant
Cannabis
and having a THC concentration greater than ten percent.
(6) "Cannabis processor" means a person licensed by the board to process cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products, package and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers.
(7) "Cannabis producer" means a person licensed by the board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.
(8)(a) "Cannabis products" means useable cannabis, cannabis concentrates, and cannabis-infused products as defined in this section, including any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with any detectable amount of THC.
(b) "Cannabis products" also means any product containing only THC content.
(c) "Cannabis products" does not include cannabis health and beauty aids as defined in RCW 69.50.575
or products approved by the United States food and drug administration.
(9) "Cannabis researcher" means a person licensed by the board to produce, process, and possess cannabis for the purposes of conducting research on cannabis and cannabis-derived drug products.
(10) "Cannabis retailer" means a person licensed by the board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.
(11) "Cannabis-infused products" means products that contain cannabis or cannabis extracts, are intended for human use, are derived from cannabis as defined in subsection (4) of this section, and have a THC concentration no greater than ten percent. The term "cannabis-infused products" does not include either useable cannabis or cannabis concentrates.
(12) "CBD concentration" has the meaning provided in RCW 69.51A.010
.
(13) "CBD product" means any product containing or consisting of cannabidiol.
(14) "Commission" means the pharmacy quality assurance commission.
(15) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15.140.020
.
(16)(a) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
(b) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug application;
(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or chapter
69.77
RCW to the extent conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
(17) "Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
(18) "Department" means the department of health.
(19) "Designated provider" has the meaning provided in RCW 69.51A.010
.
(20) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(21) "Dispenser" means a practitioner who dispenses.
(22) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(23) "Distributor" means a person who distributes.
(24) "Drug" means (a) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (b) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (c) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (d) controlled substances intended for use as a component of any article specified in (a), (b), or (c) of this subsection. The term does not include devices or their components, parts, or accessories.
(25) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.
(26) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.
(27) "Immature plant or clone" means a plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter.
(28) "Immediate precursor" means a substance:
(a) that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
(b) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
(c) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
(29) "Isomer" means an optical isomer, but in subsection (33)(e) of this section, RCW 69.50.204
(1) (l) and (hh), and
69.50.206
(2)(d), the term includes any geometrical isomer; in RCW 69.50.204
(1) (h) and (pp), and
69.50.210
(3)[,] the term includes any positional isomer; and in RCW 69.50.204
(1)(ii), 69.50.204
(3), and
69.50.208
(1)[,] the term includes any positional or geometric isomer.
(30) "Lot" means a definite quantity of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.
(31) "Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product.
(32) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:
(a) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
(b) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(33) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
(b) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
(c) Poppy straw and concentrate of poppy straw.
(d) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
(e) Cocaine, or any salt, isomer, or salt of isomer thereof.
(f) Cocaine base.
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
(h) Any compound, mixture, or preparation containing any quantity of any substance referred to in (a) through (g) of this subsection.
(34) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
(35) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(36) "Package" means a container that has a single unit or group of units.
(37) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(38) "Plant" has the meaning provided in RCW 69.51A.010
.
(39) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(40) "Practitioner" means:
(a) A physician under chapter
18.71
RCW; a physician assistant under chapter
18.71A
RCW; an osteopathic physician and surgeon under chapter
18.57
RCW; an optometrist licensed under chapter
18.53
RCW who is certified by the optometry board under RCW 18.53.010
subject to any limitations in RCW 18.53.010
; a dentist under chapter
18.32
RCW; a podiatric physician and surgeon under chapter
18.22
RCW; a veterinarian under chapter
18.92
RCW; a registered nurse, *advanced registered nurse practitioner, or licensed practical nurse under chapter
18.79
RCW; a naturopathic physician under chapter
18.36A
RCW who is licensed under RCW 18.36A.030
subject to any limitations in RCW 18.36A.040
; a pharmacist under chapter
18.64
RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
(b) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
(c) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her participating physician as defined in RCW 18.71A.010, an *advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
(41) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
(42) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
(43) "Qualifying patient" has the meaning provided in RCW 69.51A.010
.
(44) "Recognition card" has the meaning provided in RCW 69.51A.010
.
(45) "Retail outlet" means a location licensed by the board for the retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products.
(46) "Secretary" means the secretary of health or the secretary's designee.
(47) "Social equity plan" means a plan that addresses at least some of the elements outlined in this subsection (47), along with any additional plan components or requirements approved by the board following consultation with the task force created in **RCW 69.50.336
. The plan may include:
(a) A statement that indicates how the cannabis licensee will work to promote social equity goals in their community;
(b) A description of how the cannabis licensee will meet social equity goals as defined in RCW 69.50.335
;
(c) The composition of the workforce the licensee has employed or intends to hire; and
(d) Business plans involving partnerships or assistance to organizations or residents with connections to populations with a history of high rates of enforcement of cannabis prohibition.
(48) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(49) "THC concentration" means percent of tetrahydrocannabinol content of any part of the plant
Cannabis
, or per volume or weight of cannabis product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant
Cannabis
regardless of moisture content.
(50) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.
(51) "Unit" means an individual consumable item within a package of one or more consumable items in solid, liquid, gas, or any form intended for human consumption.
(52) "Useable cannabis" means dried cannabis flowers. The term "useable cannabis" does not include either cannabis-infused products or cannabis concentrates.
(53) "Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults.
[
2024 c 62 s 17
. Prior:
2023 c 365 s 2
;
2023 c 220 s 6
; prior:
2022 c 16 s 51
; prior:
2020 c 133 s 2
;
2020 c 80 s 43
; prior:
2019 c 394 s 9
;
2019 c 158 s 12
;
2019 c 55 s 11
; prior:
2018 c 132 s 2
; prior:
2017 c 317 s 5
;
2017 c 212 s 11
;
2017 c 153 s 1
; prior:
2015 2nd sp.s. c 4 s 901
;
2015 c 70 s 4
;
2014 c 192 s 1
; prior:
2013 c 276 s 2
;
2013 c 116 s 1
;
2013 c 12 s 2
; prior:
2013 c 3 s 2
(Initiative Measure No. 502, approved November 6, 2012);
2012 c 8 s 1
;
2010 c 177 s 1
;
2003 c 142 s 4
;
1998 c 222 s 3
;
1996 c 178 s 18
;
1994 sp.s. c 9 s 739
;
1993 c 187 s 1
; prior:
1990 c 248 s 1
;
1990 c 219 s 3
;
1990 c 196 s 8
;
1989 1st ex.s. c 9 s 429
;
1987 c 144 s 2
;
1986 c 124 s 1
;
1984 c 153 s 18
;
1980 c 71 s 2
;
1973 2nd ex.s. c 38 s 1
;
1971 ex.s. c 308 s 69.50.101
.]
NOTES:
Reviser's note:
*(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
**(2) RCW 69.50.336
expired June 30, 2023.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Construction
—
2023 c 365:
See note following RCW 69.50.326
.
Effective date
—
2022 c 16 ss 7, 51, and 116:
"Sections 7, 51, and 116 of this act take effect July 1, 2022." [
2022 c 16 s 170
.]
Intent
—
Finding
—
2022 c 16:
"It is the intent of the legislature to make technical changes to replace the term "marijuana" with "cannabis" throughout the Revised Code of Washington. The legislature finds that the use of the term "marijuana" in the United States has discriminatory origins and should be replaced with the more scientifically accurate term "cannabis." This act is technical in nature and no substantive legal changes are intended or implied." [
2022 c 16 s 1
.]
Findings
—
Effective date
—
2020 c 133:
See notes following RCW 69.50.342
.
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Findings
—
2019 c 394:
See note following RCW 69.50.563
.
Effective date
—
2019 c 158:
See RCW 15.140.900
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Effective date
—
2013 c 116:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 1, 2013]." [
2013 c 116 s 2
.]
Intent
—
2025 c 58; 2013 c 3 (Initiative Measure No. 502):
"The people intend to stop treating adult cannabis use as a crime and try a new approach that:
(1) Allows law enforcement resources to be focused on violent and property crimes;
(2) Generates new state and local tax revenue for education, health care, research, and substance abuse prevention; and
(3) Takes cannabis out of the hands of illegal drug organizations and brings it under a tightly regulated, state-licensed system similar to that for controlling hard alcohol.
This measure authorizes the state liquor control board to regulate and tax cannabis for persons twenty-one years of age and older, and add a new threshold for driving under the influence of cannabis." [
2025 c 58 s 4004
;
2013 c 3 s 1
(Initiative Measure No. 502, approved November 6, 2012).]
Severability
—
2003 c 142:
See note following RCW 18.53.010
.
Effective date
—
1996 c 178:
See note following RCW 18.35.110
.
Severability
—
Headings and captions not law
—
Effective date
—
1994 sp.s. c 9:
See RCW 18.79.900
through
18.79.902
.
Finding
—
1990 c 219:
See note following RCW 69.41.030
.
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
Severability
—
1973 2nd ex.s. c 38:
"If any of the provisions of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the amendatory act, or the application of the provision to other persons or circumstances, or the act prior to its amendment is not affected." [
1973 2nd ex.s. c 38 s 3
.]
PDF
RCW 69.50.101
Definitions.
(Effective June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
(a) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
(b) the patient or research subject at the direction and in the presence of the practitioner.
(2) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.
(3) "Board" means the Washington state liquor and cannabis board.
(4) "Cannabis" means all parts of the plant
Cannabis
, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis during the growing cycle through harvest and usable cannabis. "Cannabis" does not include hemp or industrial hemp as defined in RCW 15.140.020, or seeds used for licensed hemp production under chapter
15.140
RCW.
(5) "Cannabis concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant
Cannabis
and having a THC concentration greater than ten percent.
(6) "Cannabis processor" means a person licensed by the board to process cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products, package and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers.
(7) "Cannabis producer" means a person licensed by the board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.
(8)(a) "Cannabis products" means useable cannabis, cannabis concentrates, and cannabis-infused products as defined in this section, including any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with any detectable amount of THC.
(b) "Cannabis products" also means any product containing only THC content.
(c) "Cannabis products" does not include cannabis health and beauty aids as defined in RCW 69.50.575
or products approved by the United States food and drug administration.
(9) "Cannabis researcher" means a person licensed by the board to produce, process, and possess cannabis for the purposes of conducting research on cannabis and cannabis-derived drug products.
(10) "Cannabis retailer" means a person licensed by the board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.
(11) "Cannabis-infused products" means products that contain cannabis or cannabis extracts, are intended for human use, are derived from cannabis as defined in subsection (4) of this section, and have a THC concentration no greater than ten percent. The term "cannabis-infused products" does not include either useable cannabis or cannabis concentrates.
(12) "CBD concentration" has the meaning provided in RCW 69.51A.010
.
(13) "CBD product" means any product containing or consisting of cannabidiol.
(14) "Commission" means the pharmacy quality assurance commission.
(15) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15.140.020
.
(16)(a) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
(b) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug application;
(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or chapter
69.77
RCW to the extent conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
(17) "Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
(18) "Department" means the department of health.
(19) "Designated provider" has the meaning provided in RCW 69.51A.010
.
(20) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(21) "Dispenser" means a practitioner who dispenses.
(22) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(23) "Distributor" means a person who distributes.
(24) "Drug" means (a) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (b) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (c) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (d) controlled substances intended for use as a component of any article specified in (a), (b), or (c) of this subsection. The term does not include devices or their components, parts, or accessories.
(25) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.
(26) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.
(27) "Immature plant or clone" means a plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter.
(28) "Immediate precursor" means a substance:
(a) that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
(b) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
(c) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
(29) "Isomer" means an optical isomer, but in subsection (33)(e) of this section, RCW 69.50.204
(1) (l) and (hh), and
69.50.206
(2)(d), the term includes any geometrical isomer; in RCW 69.50.204
(1) (h) and (pp) and
69.50.210
(3), the term includes any positional isomer; and in RCW 69.50.204
(1)(ii), 69.50.204
(3), and
69.50.208
(1), the term includes any positional or geometric isomer.
(30) "Lot" means a definite quantity of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.
(31) "Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product.
(32) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:
(a) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
(b) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(33) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
(b) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
(c) Poppy straw and concentrate of poppy straw.
(d) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
(e) Cocaine, or any salt, isomer, or salt of isomer thereof.
(f) Cocaine base.
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
(h) Any compound, mixture, or preparation containing any quantity of any substance referred to in (a) through (g) of this subsection.
(34) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
(35) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(36) "Package" means a container that has a single unit or group of units.
(37) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(38) "Plant" has the meaning provided in RCW 69.51A.010
.
(39) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(40) "Practitioner" means:
(a) A physician under chapter
18.71
RCW; a physician assistant under chapter
18.71A
RCW; an osteopathic physician and surgeon under chapter
18.57
RCW; an optometrist licensed under chapter
18.53
RCW who is certified by the optometry board under RCW 18.53.010
subject to any limitations in RCW 18.53.010
; a dentist under chapter
18.32
RCW; a podiatric physician and surgeon under chapter
18.22
RCW; a veterinarian under chapter
18.92
RCW; a registered nurse, advanced practice registered nurse, or licensed practical nurse under chapter
18.79
RCW; a naturopathic physician under chapter
18.36A
RCW who is licensed under RCW 18.36A.030
subject to any limitations in RCW 18.36A.040
; a pharmacist under chapter
18.64
RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
(b) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
(c) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her participating physician as defined in RCW 18.71A.010, an advanced practice registered nurse licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
(41) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
(42) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
(43) "Qualifying patient" has the meaning provided in RCW 69.51A.010
.
(44) "Recognition card" has the meaning provided in RCW 69.51A.010
.
(45) "Retail outlet" means a location licensed by the board for the retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products.
(46) "Secretary" means the secretary of health or the secretary's designee.
(47) "Social equity plan" means a plan that addresses at least some of the elements outlined in this subsection (47), along with any additional plan components or requirements approved by the board following consultation with the task force created in *RCW 69.50.336
. The plan may include:
(a) A statement that indicates how the cannabis licensee will work to promote social equity goals in their community;
(b) A description of how the cannabis licensee will meet social equity goals as defined in RCW 69.50.335
;
(c) The composition of the workforce the licensee has employed or intends to hire; and
(d) Business plans involving partnerships or assistance to organizations or residents with connections to populations with a history of high rates of enforcement of cannabis prohibition.
(48) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(49) "THC concentration" means percent of tetrahydrocannabinol content of any part of the plant
Cannabis
, or per volume or weight of cannabis product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant
Cannabis
regardless of moisture content.
(50) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.
(51) "Unit" means an individual consumable item within a package of one or more consumable items in solid, liquid, gas, or any form intended for human consumption.
(52) "Useable cannabis" means dried cannabis flowers. The term "useable cannabis" does not include either cannabis-infused products or cannabis concentrates.
(53) "Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults.
[
2025 c 58 s 5126
;
2024 c 62 s 17
. Prior:
2023 c 365 s 2
;
2023 c 220 s 6
; prior:
2022 c 16 s 51
; prior:
2020 c 133 s 2
;
2020 c 80 s 43
; prior:
2019 c 394 s 9
;
2019 c 158 s 12
;
2019 c 55 s 11
; prior:
2018 c 132 s 2
; prior:
2017 c 317 s 5
;
2017 c 212 s 11
;
2017 c 153 s 1
; prior:
2015 2nd sp.s. c 4 s 901
;
2015 c 70 s 4
;
2014 c 192 s 1
; prior:
2013 c 276 s 2
;
2013 c 116 s 1
;
2013 c 12 s 2
; prior:
2013 c 3 s 2
(Initiative Measure No. 502, approved November 6, 2012);
2012 c 8 s 1
;
2010 c 177 s 1
;
2003 c 142 s 4
;
1998 c 222 s 3
;
1996 c 178 s 18
;
1994 sp.s. c 9 s 739
;
1993 c 187 s 1
; prior:
1990 c 248 s 1
;
1990 c 219 s 3
;
1990 c 196 s 8
;
1989 1st ex.s. c 9 s 429
;
1987 c 144 s 2
;
1986 c 124 s 1
;
1984 c 153 s 18
;
1980 c 71 s 2
;
1973 2nd ex.s. c 38 s 1
;
1971 ex.s. c 308 s 69.50.101
.]
NOTES:
*Reviser's note:
RCW 69.50.336
expired June 30, 2023.
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Construction
—
2023 c 365:
See note following RCW 69.50.326
.
Effective date
—
2022 c 16 ss 7, 51, and 116:
"Sections 7, 51, and 116 of this act take effect July 1, 2022." [
2022 c 16 s 170
.]
Intent
—
Finding
—
2022 c 16:
"It is the intent of the legislature to make technical changes to replace the term "marijuana" with "cannabis" throughout the Revised Code of Washington. The legislature finds that the use of the term "marijuana" in the United States has discriminatory origins and should be replaced with the more scientifically accurate term "cannabis." This act is technical in nature and no substantive legal changes are intended or implied." [
2022 c 16 s 1
.]
Findings
—
Effective date
—
2020 c 133:
See notes following RCW 69.50.342
.
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Findings
—
2019 c 394:
See note following RCW 69.50.563
.
Effective date
—
2019 c 158:
See RCW 15.140.900
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Effective date
—
2013 c 116:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 1, 2013]." [
2013 c 116 s 2
.]
Intent
—
2025 c 58; 2013 c 3 (Initiative Measure No. 502):
"The people intend to stop treating adult cannabis use as a crime and try a new approach that:
(1) Allows law enforcement resources to be focused on violent and property crimes;
(2) Generates new state and local tax revenue for education, health care, research, and substance abuse prevention; and
(3) Takes cannabis out of the hands of illegal drug organizations and brings it under a tightly regulated, state-licensed system similar to that for controlling hard alcohol.
This measure authorizes the state liquor control board to regulate and tax cannabis for persons twenty-one years of age and older, and add a new threshold for driving under the influence of cannabis." [
2025 c 58 s 4004
;
2013 c 3 s 1
(Initiative Measure No. 502, approved November 6, 2012).]
Severability
—
2003 c 142:
See note following RCW 18.53.010
.
Effective date
—
1996 c 178:
See note following RCW 18.35.110
.
Severability
—
Headings and captions not law
—
Effective date
—
1994 sp.s. c 9:
See RCW 18.79.900
through
18.79.902
.
Finding
—
1990 c 219:
See note following RCW 69.41.030
.
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
Severability
—
1973 2nd ex.s. c 38:
"If any of the provisions of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the amendatory act, or the application of the provision to other persons or circumstances, or the act prior to its amendment is not affected." [
1973 2nd ex.s. c 38 s 3
.]
RCW 69.50.102
Drug paraphernalia
—
Definitions.
(a) [(1)] As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:
(1) [(a)] Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) [(b)] Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) [(c)] Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) [(d)] Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
(5) [(e)] Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) [(f)] Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) [(g)] Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis;
(8) [(h)] Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) [(i)] Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) [(j)] Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) [(k)] Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) [(l)] Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips: Meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) Ice pipes or chillers.
(b) [(2)] In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) [(a)] Statements by an owner or by anyone in control of the object concerning its use;
(2) [(b)] Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(3) [(c)] The proximity of the object, in time and space, to a direct violation of this chapter;
(4) [(d)] The proximity of the object to controlled substances;
(5) [(e)] The existence of any residue of controlled substances on the object;
(6) [(f)] Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
(7) [(g)] Instructions, oral or written, provided with the object concerning its use;
(8) [(h)] Descriptive materials accompanying the object which explain or depict its use;
(9) [(i)] National and local advertising concerning its use;
(10) [(j)] The manner in which the object is displayed for sale;
(11) [(k)] Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(12) [(l)] Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(13) [(m)] The existence and scope of legitimate uses for the object in the community; and
(14) [(n)] Expert testimony concerning its use.
[
2022 c 16 s 52
;
2012 c 117 s 366
;
1981 c 48 s 1
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Severability
—
1981 c 48:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1981 c 48 s 4
.]
RCW 69.50.201
Enforcement of chapter
—
Authority to change schedules of controlled substances.
(a) [(1)] The commission shall enforce this chapter and may add substances to or delete or reschedule substances listed in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, or
69.50.212
pursuant to the procedures of chapter
34.05
RCW.
(1) [(a)] In making a determination regarding a substance, the commission shall consider the following:
(i) the actual or relative potential for abuse;
(ii) the scientific evidence of its pharmacological effect, if known;
(iii) the state of current scientific knowledge regarding the substance;
(iv) the history and current pattern of abuse;
(v) the scope, duration, and significance of abuse;
(vi) the risk to the public health;
(vii) the potential of the substance to produce psychic or physiological dependence liability; and
(viii) whether the substance is an immediate precursor of a controlled substance.
(2) [(b)] The commission may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors.
(b) [(2)] After considering the factors enumerated in subsection (a) [(1)] of this section, the commission shall make findings with respect thereto and adopt and cause to be published a rule controlling the substance upon finding the substance has a potential for abuse.
(c) [(3)] The commission, without regard to the findings required by subsection (a) [(1)] of this section or RCW 69.50.203, 69.50.205, 69.50.207, 69.50.209, and
69.50.211
or the procedures prescribed by subsections (a) and (b) [(1) and (2)] of this section, may place an immediate precursor in the same schedule in which the controlled substance of which it is an immediate precursor is placed or in any other schedule. If the commission designates a substance as an immediate precursor, substances that are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.
(d) [(4)] If a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the commission shall similarly control the substance under this chapter after the expiration of thirty days from the date of publication in the federal register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. Sec. 811(h), unless within that thirty-day period, the commission or an interested party objects to inclusion, rescheduling, temporary scheduling, or deletion. If no objection is made, the commission shall adopt and cause to be published, without the necessity of making determinations or findings as required by subsection (a) [(1)] of this section or RCW 69.50.203, 69.50.205, 69.50.207, 69.50.209, and
69.50.211, a final rule, for which notice of proposed rule making is omitted, designating, rescheduling, temporarily scheduling, or deleting the substance. If an objection is made, the commission shall make a determination with respect to the designation, rescheduling, or deletion of the substance as provided by subsection (a) [(1)] of this section. Upon receipt of an objection to inclusion, rescheduling, or deletion under this chapter by the commission, the commission shall publish notice of the receipt of the objection, and control under this chapter is stayed until the commission adopts a rule as provided by subsection (a) [(1)] of this section.
(e) [(5)] The commission, by rule and without regard to the requirements of subsection (a) [(1)] of this section, may schedule a substance in Schedule I regardless of whether the substance is substantially similar to a controlled substance in Schedule I or II if the commission finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under Section 505 of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 355. Upon receipt of notice under RCW 69.50.214, the commission shall initiate scheduling of the controlled substance analog on an emergency basis pursuant to this subsection. The scheduling of a substance under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the commission shall consider whether the substance has been scheduled on a temporary basis under federal law or factors set forth in subsection (a)(1) [(1)(a)](iv), (v), and (vi) of this section, and may also consider clandestine importation, manufacture, or distribution, and, if available, information concerning the other factors set forth in subsection (a)(1) [(1)(a)] of this section. A rule may not be adopted under this subsection until the commission initiates a rule-making proceeding under subsection (a) [(1)] of this section with respect to the substance. A rule adopted under this subsection must be vacated upon the conclusion of the rule-making proceeding initiated under subsection (a) [(1)] of this section with respect to the substance.
(f) [(6)] Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in Titles
66
and
26
RCW.
[
2013 c 19 s 87
;
1998 c 245 s 108
;
1993 c 187 s 2
;
1989 1st ex.s. c 9 s 430
;
1986 c 124 s 2
;
1971 ex.s. c 308 s 69.50.201
.]
NOTES:
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
RCW 69.50.202
Nomenclature.
The controlled substances listed or to be listed in the schedules in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and
69.50.212
are included by whatever official, common, usual, chemical, or trade name designated.
[
1971 ex.s. c 308 s 69.50.202
.]
RCW 69.50.203
Schedule I tests.
(a) [(1)] The commission shall place a substance in Schedule I upon finding that the substance:
(1) [(a)] has high potential for abuse;
(2) [(b)] has no currently accepted medical use in treatment in the United States; and
(3) [(c)] lacks accepted safety for use in treatment under medical supervision.
(b) [(2)] The commission may place a substance in Schedule I without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule I of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.
[
2013 c 19 s 88
;
1993 c 187 s 3
;
1971 ex.s. c 308 s 69.50.203
.]
RCW 69.50.204
Schedule I.
Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I:
(a) [(1)] Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) [(a)] Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(2) [(b)] Acetylmethadol;
(3) [(c)] Allylprodine;
(4) [(d)] Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(5) [(e)] Alphameprodine;
(6) [(f)] Alphamethadol;
(7) [(g)] Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) [(h)] Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(9) [(i)] Benzethidine;
(10) [(j)] Betacetylmethadol;
(11) [(k)] Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(12) [(l)] Beta-hydroxy-3-methylfentanyl, some trade or other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(13) [(m)] Betameprodine;
(14) [(n)] Betamethadol;
(15) [(o)] Betaprodine;
(16) [(p)] Clonitazene;
(17) [(q)] Dextromoramide;
(18) [(r)] Diampromide;
(19) [(s)] Diethylthiambutene;
(20) [(t)] Difenoxin;
(21) [(u)] Dimenoxadol;
(22) [(v)] Dimepheptanol;
(23) [(w)] Dimethylthiambutene;
(24) [(x)] Dioxaphetyl butyrate;
(25) [(y)] Dipipanone;
(26) [(z)] Ethylmethylthiambutene;
(27) [(aa)] Etonitazene;
(28) [(bb)] Etoxeridine;
(29) [(cc)] Furethidine;
(30) [(dd)] Hydroxypethidine;
(31) [(ee)] Ketobemidone;
(32) [(ff)] Levomoramide;
(33) [(gg)] Levophenacylmorphan;
(34) [(hh)] 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide);
(35) [(ii)] 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(36) [(jj)] Morpheridine;
(37) [(kk)] MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) [(ll)] Noracymethadol;
(39) [(mm)] Norlevorphanol;
(40) [(nn)] Normethadone;
(41) [(oo)] Norpipanone;
(42) [(pp)] Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);
(43) [(qq)] PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) [(rr)] Phenadoxone;
(45) [(ss)] Phenampromide;
(46) [(tt)] Phenomorphan;
(47) [(uu)] Phenoperidine;
(48) [(vv)] Piritramide;
(49) [(ww)] Proheptazine;
(50) [(xx)] Properidine;
(51) [(yy)] Propiram;
(52) [(zz)] Racemoramide;
(53) [(aaa)] Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide);
(54) [(bbb)] Tilidine;
(55) [(ccc)] Trimeperidine.
(b) [(2)] Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) [(a)] Acetorphine;
(2) [(b)] Acetyldihydrocodeine;
(3) [(c)] Benzylmorphine;
(4) [(d)] Codeine methylbromide;
(5) [(e)] Codeine-N-Oxide;
(6) [(f)] Cyprenorphine;
(7) [(g)] Desomorphine;
(8) [(h)] Dihydromorphine;
(9) [(i)] Drotebanol;
(10) [(j)] Etorphine, except hydrochloride salt;
(11) [(k)] Heroin;
(12) [(l)] Hydromorphinol;
(13) [(m)] Methyldesorphine;
(14) [(n)] Methyldihydromorphine;
(15) [(o)] Morphine methylbromide;
(16) [(p)] Morphine methylsulfonate;
(17) [(q)] Morphine-N-Oxide;
(18) [(r)] Myrophine;
(19) [(s)] Nicocodeine;
(20) [(t)] Nicomorphine;
(21) [(u)] Normorphine;
(22) [(v)] Pholcodine;
(23) [(w)] Thebacon.
(c) [(3)] Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this subsection only, the term "isomer" includes the optical, position, and geometric isomers:
(1) [(a)] Alpha-ethyltryptamine: Some trade or other names: Etryptamine; monase; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; a-ET; and AET;
(2) [(b)] 4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names: 4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;
(3) [(c)] 4-bromo-2,5-dimethoxyphenethylamine: Some trade or other names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, nexus;
(4) [(d)] 2,5-dimethoxyamphetamine: Some trade or other names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA;
(5) [(e)] 2,5-dimethoxy-4-ethylamphetamine (DOET);
(6) [(f)] 2,5-dimethoxy-4-(n)-propylthiophenethylamine: Other name: 2C-T-7;
(7) [(g)] 4-methoxyamphetamine: Some trade or other names: 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine, PMA;
(8) [(h)] 5-methoxy-3,4-methylenedioxy-amphetamine;
(9) [(i)] 4-methyl-2,5-dimethoxy-amphetamine: Some trade and other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and "STP";
(10) [(j)] 3,4-methylenedioxy amphetamine;
(11) [(k)] 3,4-methylenedioxymethamphetamine (MDMA);
(12) [(l)] 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
(13) [(m)] N-hydroxy-3,4-methylenedioxyamphetamine also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine,N-hydroxy MDA;
(14) [(n)] 3,4,5-trimethoxy amphetamine;
(15) [(o)] Alpha-methyltryptamine: Other name: AMT;
(16) [(p)] Bufotenine: Some trade or other names: 3-(beta-Dimethylaminoethyl)-5-hydroxindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(17) [(q)] Cannabis;
(18) [(r)] Diethyltryptamine: Some trade or other names: N,N-Diethyltryptamine; DET;
(19) [(s)] Dimethyltryptamine: Some trade or other names: DMT;
(20) [(t)] 5-methoxy-N,N-diisopropyltryptamine: Other name: 5-MeO-DIPT;
(21) [(u)] Ibogaine: Some trade or other names: 7-Ethyl-6,6 beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5H-pyndo (1',2' 1,2) azepino (5,4-b) indole; Tabernanthe iboga;
(22) [(v)] Lysergic acid diethylamide;
(23) [(w)] Mescaline;
(24) [(x)] Parahexyl-7374: Some trade or other names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo[b,d]pyran; synhexyl;
(25) [(y)] Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c), Schedule I (c)(12));
(26) [(z)] N-ethyl-3-piperidyl benzilate;
(27) [(aa)] N-methyl-3-piperidyl benzilate;
(28) [(bb)] Psilocybin;
(29) [(cc)] Psilocyn;
(30) [(dd)](i) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genera Cannabis, as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of the genera Cannabis, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:
(A) 1 - cis - or trans tetrahydrocannabinol, and their optical isomers, excluding tetrahydrocannabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration;
(B) 6 - cis - or trans tetrahydrocannabinol, and their optical isomers;
(C) 3,4 - cis - or trans tetrahydrocannabinol, and its optical isomers; or
(D) That is chemically synthesized and either:
(I) Has been demonstrated to have binding activity at one or more cannabinoid receptors; or
(II) Is a chemical analog or isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors;
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)
(ii) Hemp and industrial hemp, as defined in RCW 15.140.020, are excepted from the categories of controlled substances identified under this section;
(31) [(ee)] Ethylamine analog of phencyclidine: Some trade or other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
(32) [(ff)] Pyrrolidine analog of phencyclidine: Some trade or other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;
(33) [(gg)] Thiophene analog of phencyclidine: Some trade or other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP;
(34) [(hh)] 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name is TCPy.
(d) [(4)] Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
(1) [(a)] Gamma-hydroxybutyric acid: Some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate;
(2) [(b)] Mecloqualone;
(3) [(c)] Methaqualone.
(e) [(5)] Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(1) [(a)] Aminorex: Some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4, 5-dihydro-5-phenly-2-oxazolamine;
(2) [(b)] N-Benzylpiperazine: Some other names: BZP,1-benzylpiperazine;
(3) [(c)] Cathinone, also known as 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone;
(4) [(d)] Fenethylline;
(5) [(e)] Methcathinone: Some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of optical isomers;
(6) [(f)] (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(7) [(g)] N-ethylamphetamine;
(8) [(h)] N,N-dimethylamphetamine: Some trade or other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenoethylene.
The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201
.
[
2022 c 16 s 53
;
2019 c 158 s 13
;
2015 2nd sp.s. c 4 s 1203
;
2010 c 177 s 2
;
1993 c 187 s 4
;
1986 c 124 s 3
;
1980 c 138 s 1
;
1971 ex.s. c 308 s 69.50.204
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Effective date
—
2019 c 158:
See RCW 15.140.900
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Pharmacy quality assurance commission may change schedules of controlled substances: RCW 69.50.201
.
RCW 69.50.205
Schedule II tests.
(a) [(1)] The commission shall place a substance in Schedule II upon finding that:
(1) [(a)] the substance has high potential for abuse;
(2) [(b)] the substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(3) [(c)] the abuse of the substance may lead to severe psychological or physical dependence.
(b) [(2)] The commission may place a substance in Schedule II without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule II of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.
[
2013 c 19 s 89
;
1993 c 187 s 5
;
1971 ex.s. c 308 s 69.50.205
.]
RCW 69.50.206
Schedule II.
(a) [(1)] The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II.
(b) [(2)] Substances. (Vegetable origin or chemical synthesis.) Unless specifically excepted, any of the following substances, except those listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) [(a)] Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective salts, but including the following:
(i) Raw opium;
(ii) Opium extracts;
(iii) Opium fluid;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Dihydroetorphine;
(ix) Ethylmorphine;
(x) Etorphine hydrochloride;
(xi) Hydrocodone;
(xii) Hydromorphone;
(xiii) Metopon;
(xiv) Morphine;
(xv) Oripavine;
(xvi) Oxycodone;
(xvii) Oxymorphone; and
(xviii) Thebaine.
(2) [(b)] Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subsection (b)(1) [(2)(a)] of this section, but not including the isoquinoline alkaloids of opium.
(3) [(c)] Opium poppy and poppy straw.
(4) [(d)] Coca leaves and any salt, compound, derivative, or preparation of coca leaves including cocaine and ecgonine, and their salts, isomers, derivatives, and salts of isomers and derivatives, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(5) [(e)] Concentrate of poppy straw (The crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.)
(c) [(3)] Opiates. Unless specifically excepted or unless in another schedule, any of the following synthetic opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:
(1) [(a)] Alfentanil;
(2) [(b)] Alphaprodine;
(3) [(c)] Anileridine;
(4) [(d)] Bezitramide;
(5) [(e)] Bulk dextropropoxyphene (nondosage forms);
(6) [(f)] Carfentanil;
(7) [(g)] Dihydrocodeine;
(8) [(h)] Diphenoxylate;
(9) [(i)] Fentanyl;
(10) [(j)] Isomethadone;
(11) [(k)] Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(12) [(l)] Levomethorphan;
(13) [(m)] Levorphanol;
(14) [(n)] Metazocine;
(15) [(o)] Methadone;
(16) [(p)] Methadone
—
Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(17) [(q)] Moramide
—
Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;
(18) [(r)] Pethidine (meperidine);
(19) [(s)] Pethidine
—
Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(20) [(t)] Pethidine
—
Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(21) [(u)] Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(22) [(v)] Phenazocine;
(23) [(w)] Piminodine;
(24) [(x)] Racemethorphan;
(25) [(y)] Racemorphan;
(26) [(z)] Remifentanil;
(27) [(aa)] Sufentanil;
(28) [(bb)] Tapentadol.
(d) [(4)] Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
(1) [(a)] Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) [(b)] Methamphetamine, its salts, isomers, and salts of its isomers;
(3) [(c)] Phenmetrazine and its salts;
(4) [(d)] Methylphenidate;
(5) [(e)] Lisdexamfetamine, its salts, isomers, and salts of its isomers.
(e) [(5)] Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) [(a)] Amobarbital;
(2) [(b)] Glutethimide;
(3) [(c)] Pentobarbital;
(4) [(d)] Phencyclidine;
(5) [(e)] Secobarbital.
(f) [(6)] Hallucinogenic substances.
Nabilone: Some trade or other names are ( ± )-trans3-(1,1-dimethlheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzol[b,d]pyran-9-one.
(g) [(7)] Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) [(a)] Immediate precursor to amphetamine and methamphetamine:
(i) Phenylacetone: Some trade or other names phenyl-2-propanone, P2P, benzyl methyl ketone, methyl benzyl ketone.
(2) [(b)] Immediate precursors to phencyclidine (PCP):
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201
.
[
2010 c 177 s 3
;
1993 c 187 s 6
;
1986 c 124 s 4
;
1980 c 138 s 2
;
1971 ex.s. c 308 s 69.50.206
.]
NOTES:
Pharmacy quality assurance commission may change schedules of controlled substances: RCW 69.50.201
.
RCW 69.50.207
Schedule III tests.
(a) [(1)] The commission shall place a substance in Schedule III upon finding that:
(1) [(a)] the substance has a potential for abuse less than the substances included in Schedules I and II;
(2) [(b)] the substance has currently accepted medical use in treatment in the United States; and
(3) [(c)] abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
(b) [(2)] The commission may place a substance in Schedule III without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule III of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.
[
2013 c 19 s 90
;
1993 c 187 s 7
;
1971 ex.s. c 308 s 69.50.207
.]
RCW 69.50.208
Schedule III.
Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule III:
(a) [(1)] Stimulants. Any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, whether optical, position, or geometric, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) [(a)] Any compound, mixture, or preparation in dosage unit form containing any stimulant substance included in Schedule II and which was listed as an excepted compound on August 25, 1971, pursuant to the federal Controlled Substances Act, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except for containing a lesser quantity of controlled substances;
(2) [(b)] Benzphetamine;
(3) [(c)] Chlorphentermine;
(4) [(d)] Clortermine;
(5) [(e)] Phendimetrazine.
(b) [(2)] Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:
(1) [(a)] Any compound, mixture, or preparation containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule;
(2) [(b)] Any suppository dosage form containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository;
(3) [(c)] Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid;
(4) [(d)] Chlorhexadol;
(5) [(e)] Embutramide;
(6) [(f)] Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal food, drug, and cosmetic act;
(7) [(g)] Ketamine, its salts, isomers, and salts of isomers, some other names for ketamine: (<plus-minus>)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(8) [(h)] Lysergic acid;
(9) [(i)] Lysergic acid amide;
(10) [(j)] Methyprylon;
(11) [(k)] Sulfondiethylmethane;
(12) [(l)] Sulfonethylmethane;
(13) [(m)] Sulfonmethane;
(14) [(n)] Tiletamine and zolazepam or any of their salts
—
some trade or other names for a tiletamine-zolazepam combination product: Telazol, some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl) cyclohexanone, some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one flupyrazapon.
(c) [(3)] Nalorphine.
(d) [(4)] Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in this subsection:
(1) [(a)] Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(2) [(b)] Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) [(c)] Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
(4) [(d)] Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) [(e)] Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(6) [(f)] Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(7) [(g)] Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and
(8) [(h)] Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(e) [(5)] Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts: Buprenorphine.
(f) [(6)] Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product. Some other names for dronabinol: [6a R-trans]-6a,7,8, 10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d] pyran-i-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol.
(g) [(7)] Anabolic steroids. The term "anabolic steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, that promotes muscle growth and includes:
(1) [(a)] 3β,17-dihydroxy-5a-androstane;
(2) [(b)] 3α,17β-dihydroxy-5a-androstane;
(3) [(c)] 5α-androstan-3,17-dione;
(4) [(d)] 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene);
(5) [(e)] 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene);
(6) [(f)] 4-androstenediol (3β,17β-dihydroxy-androst-4-ene);
(7) [(g)] 5-androstenediol (3β,17β-dihydroxy-androst-5-ene);
(8) [(h)] 1-androstenedione ([5α]-androst-1-en-3,17-dione);
(9) [(i)] 4-androstenedione (androst-4-en-3,17-dione);
(10) [(j)] 5-androstenedione (androst-5-en-3,17-dione);
(11) [(k)] Bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);
(12) [(l)] Boldenone (17β-hydroxyandrost-1,4,-diene-3-one);
(13) [(m)] Calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);
(14) [(n)] Clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one);
(15) [(o)] Dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl-androst-1,4-dien-3-one);
(16) [(p)] Δ1-dihydrotestosterone (a.k.a. '1-testosterone') (17β-hydroxy-5α-androst-1-en-3-one);
(17) [(q)] 4-dihydrotestosterone (17β-hydroxy-androstan-3-one);
(18) [(r)] Drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one);
(19) [(s)] Ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene);
(20) [(t)] Fluoxymesterone (9-fluoro-17α-methyl-11β,17β-dihydroxyandrost-4-en-3-one);
(21) [(u)] Formebolone (2-formyl-17α-methyl-11α,17β-dihydroxyandrost-1,4-dien-3-one);
(22) [(v)] Furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]-furazan);
(23) [(w)] 13β-ethyl-17β-hydroxygon-4-en-3-one;
(24) [(x)] 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one);
(25) [(y)] 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one);
(26) [(z)] Mestanolone (17α-methyl-17β-hydroxy-5-androstan-3-one);
(27) [(aa)] Mesterolone (1α methyl-17β-hydroxy-[5α]-androstan-3-one);
(28) [(bb)] Methandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one);
(29) [(cc)] Methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene);
(30) [(dd)] Methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one);
(31) [(ee)] 17α-methyl-3β,17β-dihydroxy-5a-androstane;
(32) [(ff)] 17α-methyl-3α,17β-dihydroxy-5a-androstane;
(33) [(gg)] 17α-methyl-3β,17β-dihydroxyandrost-4-ene;
(34) [(hh)] 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one);
(35) [(ii)] Methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one);
(36) [(jj)] Methyltrienolone (17α-methyl-17β-hydroxyestra-4,9-11-trien-3-one);
(37) [(kk)] Methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one);
(38) [(ll)] Mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en-3-one);
(39) [(mm)] 17α-methyl-Δ1-dihydrotestosterone (17bβ-hydroxy-17α-methyl-5α-androst-1-en-3-one) (also known as '17-α-methyl-1-testosterone');
(40) [(nn)] Nandrolone (17β-hydroxyestr-4-en-3-one);
(41) [(oo)] 19-nor-4-androstenediol (3β, 17β-dihydroxyestr-4-ene);
(42) [(pp)] 19-nor-4-androstenediol (3α, 17β-dihydroxyestr-4-ene);
(43) [(qq)] 19-nor-5-androstenediol (3β, 17β-dihydroxyestr-5-ene);
(44) [(rr)] 19-nor-5-androstenediol (3α, 17β-dihydroxyestr-5-ene);
(45) [(ss)] 19-nor-4-androstenedione (estr-4-en-3,17-dione);
(46) [(tt)] 19-nor-5-androstenedione (estr-5-en-3,17-dione);
(47) [(uu)] Norbolethone (13β, 17α-diethyl-17β-hydroxygon-4-en-3-one);
(48) [(vv)] Norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one);
(49) [(ww)] Norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one);
(50) [(xx)] Normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one);
(51) [(yy)] Oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5α]-androstan-3-one);
(52) [(zz)] Oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one);
(53) [(aaa)] Oxymetholone (17α-methyl-2-hydroxymethylene-17β-hydroxy-[5α]-androstan-3-one);
(54) [(bbb)] Stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole);
(55) [(ccc)] Stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en-3-one);
(56) [(ddd)] Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
(57) [(eee)] Testosterone (17β-hydroxyandrost-4-en-3-one);
(58) [(fff)] Tetrahydrogestrinone (13β, 17α-diethyl-17β-hydroxygon-4,9,11-trien-3-one);
(59) [(ggg)] Trenbolone (17β-hydroxyestr-4,9,11-trien-3-one); and
(60) [(hhh)] Any salt, ester, or ether of a drug or substance described in this section. Such term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the secretary of the department of health and human services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this section.
The commission may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsection (a)(1) and (2) [(1)(a) and (b)] of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a stimulant or depressant effect on the central nervous system.
The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201
.
[
2013 c 19 s 91
;
2010 c 177 s 4
;
1993 c 187 s 8
;
1986 c 124 s 5
;
1980 c 138 s 3
;
1971 ex.s. c 308 s 69.50.208
.]
NOTES:
Commission may change schedules of controlled substances: RCW 69.50.201
.
RCW 69.50.209
Schedule IV tests.
(a) [(1)] The commission shall place a substance in Schedule IV upon finding that:
(1) [(a)] the substance has a low potential for abuse relative to substances in Schedule III;
(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 III.
(b) [(2)] The commission may place a substance in Schedule IV without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule IV of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.
[
2013 c 19 s 92
;
1993 c 187 s 9
;
1971 ex.s. c 308 s 69.50.209
.]
RCW 69.50.210
Schedule IV.
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 IV:
(a) [(1)] Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
(1) [(a)] Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(2) [(b)] Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
(b) [(2)] Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, 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)] Alprazolam;
(2) [(b)] Barbital;
(3) [(c)] Bromazepam;
(4) [(d)] Camazepam;
(5) [(e)] Carisoprodol;
(6) [(f)] Chloral betaine;
(7) [(g)] Chloral hydrate;
(8) [(h)] Chlordiazepoxide;
(9) [(i)] Clobazam;
(10) [(j)] Clonazepam;
(11) [(k)] Clorazepate;
(12) [(l)] Clotiazepam;
(13) [(m)] Cloxazolam;
(14) [(n)] Delorazepam;
(15) [(o)] Diazepam;
(16) [(p)] Dichloralphenazone;
(17) [(q)] Estazolam;
(18) [(r)] Ethchlorvynol;
(19) [(s)] Ethinamate;
(20) [(t)] Ethyl loflazepate;
(21) [(u)] Fludiazepam;
(22) [(v)] Flunitrazepam;
(23) [(w)] Flurazepam;
(24) [(x)] Halazepam;
(25) [(y)] Haloxazolam;
(26) [(z)] Ketazolam;
(27) [(aa)] Loprazolam;
(28) [(bb)] Lorazepam;
(29) [(cc)] Lormetazepam;
(30) [(dd)] Mebutamate;
(31) [(ee)] Medazepam;
(32) [(ff)] Meprobamate;
(33) [(gg)] Methohexital;
(34) [(hh)] Methylphenobarbital (mephobarbital);
(35) [(ii)] Midazolam;
(36) [(jj)] Nimetazepam;
(37) [(kk)] Nitrazepam;
(38) [(ll)] Nordiazepam;
(39) [(mm)] Oxazepam;
(40) [(nn)] Oxazolam;
(41) [(oo)] Paraldehyde;
(42) [(pp)] Petrichloral;
(43) [(qq)] Phenobarbital;
(44) [(rr)] Pinazepam;
(45) [(ss)] Prazepam;
(46) [(tt)] Quazepam;
(47) [(uu)] Temazepam;
(48) [(vv)] Tetrazepam;
(49) [(ww)] Triazolam;
(50) [(xx)] Zaleplon;
(51) [(yy)] Zolpidem; and
(52) [(zz)] Zopiclone.
(c) [(3)] Fenfluramine. Any material, compound, mixture, or preparation containing any quantity of the following substance, including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: Fenfluramine.
(d) [(4)] Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers:
(1) [(a)] Cathine((+)norpseudoephedrine);
(2) [(b)] Diethylpropion;
(3) [(c)] Fencamfamin;
(4) [(d)] Fenproporex;
(5) [(e)] Mazindol;
(6) [(f)] Mefenorex;
(7) [(g)] Modafinil;
(8) [(h)] Pemoline (including organometallic complexes and chelates thereof);
(9) [(i)] Phentermine;
(10) [(j)] Pipradrol;
(11) [(k)] Sibutramine;
(12) [(l)] SPA ((-)-1-dimethylamino-1, 2-dephenylethane).
(e) [(5)] Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substance, including its salts:
(1) [(a)] Pentazocine;
(2) [(b)] Butorphanol, including its optical isomers.
The commission may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) [(2)] of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a depressant effect on the central nervous system.
The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201
.
[
2013 c 19 s 93
;
2010 c 177 s 5
;
1993 c 187 s 10
;
1986 c 124 s 6
;
1981 c 147 s 2
;
1980 c 138 s 4
;
1971 ex.s. c 308 s 69.50.210
.]
NOTES:
Commission may change schedules of controlled substances: RCW 69.50.201
.
RCW 69.50.211
Schedule V tests.
(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.
[
2013 c 19 s 94
;
1993 c 187 s 11
;
1971 ex.s. c 308 s 69.50.211
.]
RCW 69.50.212
Schedule V.
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 V:
(a) [(1)] Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in this subsection, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) [(a)] Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(2) [(b)] Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3) [(c)] Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4) [(d)] Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5) [(e)] Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(6) [(f)] Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(b) [(2)] Stimulants. Unless specifically exempted or excluded 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: Pyrovalerone.
(c) [(3)] Depressants. Unless specifically exempted or excluded 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:
(1) [(a)] Lacosamid, [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide];
(2) [(b)] Pregabalin{(S)-3-(aminomethyl)-5-methylhexanoic acid}.
The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201
.
[
2010 c 177 s 6
;
1993 c 187 s 12
;
1986 c 124 s 7
;
1980 c 138 s 5
;
1971 ex.s. c 308 s 69.50.212
.]
NOTES:
Pharmacy quality assurance commission may change schedules of controlled substances: RCW 69.50.201
.
RCW 69.50.213
Republishing of schedules.
The commission shall publish updated schedules annually. Failure to publish updated schedules is not a defense in any administrative or judicial proceeding under this chapter.
[
2013 c 19 s 95
;
1993 c 187 s 13
;
1971 ex.s. c 308 s 69.50.213
.]
RCW 69.50.214
Controlled substance analog.
A controlled substance analog, to the extent intended for human consumption, shall be treated, for the purposes of this chapter, as a substance included in Schedule I. Within thirty days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the commission of information relevant to emergency scheduling as provided for in RCW 69.50.201
(e) [(5)]. After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place.
[
2013 c 19 s 96
;
1993 c 187 s 14
.]
RCW 69.50.301
Rules
—
Fees.
The commission may adopt rules and the department may charge reasonable fees, relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state.
[
2013 c 19 s 97
;
1993 c 187 s 15
;
1991 c 229 s 9
;
1989 1st ex.s. c 9 s 431
;
1971 ex.s. c 308 s 69.50.301
.]
NOTES:
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
RCW 69.50.302
Registration requirements.
(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.
[
2024 c 121 s 45
;
2013 c 19 s 98
;
2011 c 336 s 839
;
1993 c 187 s 16
;
1989 1st ex.s. c 9 s 432
;
1971 ex.s. c 308 s 69.50.302
.]
NOTES:
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
RCW 69.50.303
Registration.
(1) The commission shall register an applicant to manufacture, distribute, dispense, or conduct research with controlled substances included in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and
69.50.212
unless the commission determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the commission shall consider the following factors:
(a) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research, or industrial channels;
(b) compliance with applicable state and local law;
(c) promotion of technical advances in the art of manufacturing controlled substances and the development of new substances;
(d) any convictions of the applicant under any laws of another country or federal or state laws relating to any controlled substance;
(e) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research, or industrial channels;
(f) furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
(g) suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
(h) any other factors relevant to and consistent with the public health and safety.
(2) Registration under subsection (1) of this section does not entitle a registrant to manufacture or distribute controlled substances included in Schedule I or II other than those specified in the registration.
(3) Practitioners must be registered, or exempted under RCW 69.50.302
(4), to dispense any controlled substances or to conduct research with controlled substances included in Schedules II through V if they are authorized to dispense or conduct research under the law of this state. The commission need not require separate registration under this Article for practitioners engaging in research with nonnarcotic substances included in Schedules II through V where the registrant is already registered under this Article in another capacity. Practitioners registered under federal law to conduct research with substances included in Schedule I may conduct research with substances included in Schedule I within this state upon furnishing the commission evidence of that federal registration.
(4) A manufacturer or distributor registered under the federal Controlled Substances Act, 21 U.S.C. Sec. 801 et seq., may submit a copy of the federal application as an application for registration as a manufacturer or distributor under this section. The commission may require a manufacturer or distributor to submit information in addition to the application for registration under the federal act.
[
2024 c 121 s 46
;
2013 c 19 s 99
;
1993 c 187 s 17
;
1989 1st ex.s. c 9 s 433
;
1971 ex.s. c 308 s 69.50.303
.]
NOTES:
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
RCW 69.50.304
Denial and discipline of registration
—
Seizure or placement under seal of controlled substances.
(1) This chapter and chapter
18.64
RCW govern the denial of registrations and the discipline of registrations issued under RCW 69.50.303
. The uniform disciplinary act, chapter
18.130
RCW, governs unlicensed practice of persons required to obtain a registration under this chapter.
(2) In addition to any other grounds, the commission may take action against the registration, or exemption from registration, under RCW 69.50.303
to manufacture, distribute, dispense, or conduct research with a controlled substance upon finding that the registrant has:
(a) furnished false or fraudulent material information in any application filed under this chapter;
(b) been convicted of a felony under any state or federal law relating to any controlled substance;
(c) had the registrant's federal registration suspended or revoked and is no longer authorized by federal law to manufacture, distribute, dispense, or conduct research with controlled substances; or
(d) committed acts that would render registration under RCW 69.50.303
inconsistent with the public interest as determined under that section.
(3) The commission may limit revocation or suspension of a registration to the particular controlled substance or schedule of controlled substances, with respect to which grounds for revocation or suspension exist.
(4) If the commission suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the state.
(5) The commission may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner contemplated by the registration. The controlled substance must be held for the benefit of the registrant or the registrant's successor in interest. The commission shall notify a registrant, or the registrant's successor in interest, who has any controlled substance seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The commission may not dispose of any controlled substance seized or placed under seal under this subsection until the expiration of 180 days after the controlled substance was seized or placed under seal. The costs incurred by the commission in seizing, placing under seal, maintaining custody, and disposing of any controlled substance under this subsection may be recovered from the registrant, any proceeds obtained from the disposition of the controlled substance, or from both. Any balance remaining after the costs have been recovered from the proceeds of any disposition must be delivered to the registrant or the registrant's successor in interest.
(6) The commission shall promptly notify the drug enforcement administration of all orders restricting, suspending, or revoking registration and all forfeitures of controlled substances.
[
2024 c 121 s 47
;
2013 c 19 s 100
;
1993 c 187 s 18
;
1989 1st ex.s. c 9 s 434
;
1986 c 124 s 8
;
1971 ex.s. c 308 s 69.50.304
.]
NOTES:
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
RCW 69.50.306
Records of registrants.
Persons registered, or exempted from registration under RCW 69.50.302
(d) [(4)], to manufacture, distribute, dispense, or administer controlled substances under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the commission issues.
[
2013 c 19 s 102
;
1971 ex.s. c 308 s 69.50.306
.]
RCW 69.50.308
Prescriptions.
(a) [(1)] A controlled substance may be dispensed only as provided in this section. Prescriptions electronically communicated must also meet the requirements under RCW 69.50.312
.
(b) [(2)] Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user, a substance included in Schedule II may not be dispensed without the written or electronically communicated prescription of a practitioner.
(1) [(a)] Schedule II narcotic substances may be dispensed by a pharmacy pursuant to a facsimile prescription under the following circumstances:
(i) The facsimile prescription is transmitted by a practitioner to the pharmacy; and
(ii) The facsimile prescription is for a patient in a long-term care facility or a hospice program; and
(iii) The practitioner or the practitioner's agent notes on the facsimile prescription that the patient is a long-term care or hospice patient.
(2) [(b)] Injectable Schedule II narcotic substances that are to be compounded for patient use may be dispensed by a pharmacy pursuant to a facsimile prescription if the facsimile prescription is transmitted by a practitioner to the pharmacy.
(3) [(c)] Under (1) and (2) [(a) and (b)] of this subsection the facsimile prescription shall serve as the original prescription and shall be maintained as other Schedule II narcotic substances prescriptions.
(c) [(3)] In emergency situations, as defined by rule of the commission, a substance included in Schedule II may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of RCW 69.50.306
.
(d) [(4)] A prescription for a substance included in Schedule II may not be refilled. A prescription for a substance included in Schedule II may not be filled more than six months after the date the prescription was issued.
(e) [(5)] Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user, a substance included in Schedule III, IV, or V, which is a prescription drug as determined under RCW 69.04.560, may not be dispensed without a written, oral, or electronically communicated prescription of a practitioner. Any oral prescription must be promptly reduced to writing.
(f) [(6)] A written, oral, or electronically communicated prescription for a substance included in Schedule III, IV, or V, which is a prescription drug as determined under RCW 69.04.560, for a resident in a long-term care facility or hospice program may be communicated to the pharmacy by an authorized agent of the prescriber. A registered nurse, pharmacist, or physician practicing in a long-term care facility or hospice program may act as the practitioner's agent for purposes of this section, without need for a written agency agreement.
(g) [(7)] The prescription for a substance included in Schedule III, IV, or V may not be filled or refilled more than six months after the date issued by the practitioner or be refilled more than five times, unless renewed by the practitioner.
(h) [(8)] A valid prescription or lawful order of a practitioner, in order to be effective in legalizing the possession of controlled substances, must be issued in good faith for a legitimate medical purpose by one authorized to prescribe the use of such controlled substance. An order purporting to be a prescription not in the course of professional treatment is not a valid prescription or lawful order of a practitioner within the meaning and intent of this chapter; and the person who knows or should know that the person is filling such an order, as well as the person issuing it, can be charged with a violation of this chapter.
(i) [(9)] A substance included in Schedule V must be distributed or dispensed only for a medical purpose.
(j) [(10)] A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession. Medical treatment includes dispensing or administering a narcotic drug for pain, including intractable pain.
(k) [(11)] No administrative sanction, or civil or criminal liability, authorized or created by this chapter may be imposed on a pharmacist for action taken in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
(l) [(12)] An individual practitioner may not dispense a substance included in Schedule II, III, or IV for that individual practitioner's personal use.
(4) [(13)] For the purposes of this section, the terms "long-term care facility" and "hospice program" have the meaning[s] provided in RCW 18.64.011
.
[
2016 c 148 s 8
;
2013 c 276 s 3
;
2013 c 19 s 103
;
2012 c 10 s 46
;
2001 c 248 s 1
;
1993 c 187 s 19
;
1971 ex.s. c 308 s 69.50.308
.]
NOTES:
Reviser's note:
This section was amended by 2013 c 19 s 103 and by 2013 c 276 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Application
—
2012 c 10:
See note following RCW 18.20.010
.
RCW 69.50.309
Containers.
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.
[
2012 c 117 s 367
;
1971 ex.s. c 308 s 69.50.309
.]
RCW 69.50.310
Sodium pentobarbital
—
Registration of humane societies and animal control agencies for use in animal control.
On and after September 21, 1977, a humane society and animal control agency may apply to the commission for registration pursuant to the applicable provisions of this chapter for the sole purpose of being authorized to purchase, possess, and administer sodium pentobarbital to euthanize injured, sick, homeless, or unwanted domestic pets and animals. Any agency so registered shall not permit a person to administer sodium pentobarbital unless such person has demonstrated adequate knowledge of the potential hazards and proper techniques to be used in administering this drug.
The commission may issue a limited registration to carry out the provisions of this section. Chapter
18.64
RCW governs the denial of licenses and the discipline of registrations issued under this chapter. The uniform disciplinary act, chapter
18.130
RCW, governs unlicensed practice of persons required to obtain a registration under this chapter.
[
2024 c 121 s 48
;
2013 c 19 s 104
;
1989 1st ex.s. c 9 s 435
;
1977 ex.s. c 197 s 1
.]
NOTES:
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
RCW 69.50.311
Triplicate prescription form program
—
Compliance by health care practitioners.
Any licensed health care practitioner with prescription or dispensing authority shall, as a condition of licensure and as directed by the practitioner's disciplinary board, consent to the requirement, if imposed, of complying with a triplicate prescription form program as may be established by rule by the department of health.
[
1989 1st ex.s. c 9 s 436
;
1984 c 153 s 20
.]
NOTES:
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
RCW 69.50.312
Electronic communication of prescription information
—
Exceptions
—
Waiver
—
Penalty
—
Commission may adopt rules.
(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
.
[
2019 c 314 s 16
; (2019 c 314 s 15 expired January 1, 2021). Prior:
2013 c 276 s 4
;
2013 c 19 s 105
;
1998 c 222 s 4
.]
NOTES:
Expiration date
—
Effective date
—
2019 c 314:
"(1) Section 15 of this act expires January 1, 2021.
(2) Section 16 of this act takes effect January 1, 2021." [
2019 c 314 s 44
.]
Declaration
—
2019 c 314:
See note following RCW 18.22.810
.
RCW 69.50.315
Medical assistance
—
Drug-related overdose
—
Prosecution for possession.
(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.
[
2015 c 205 s 4
;
2010 c 9 s 2
.]
NOTES:
Intent
—
2015 c 205:
See note following RCW 69.41.095
.
Intent
—
2010 c 9:
"The legislature intends to save lives by increasing timely medical attention to drug overdose victims through the establishment of limited immunity from prosecution for people who seek medical assistance in a drug overdose situation. Drug overdose is the leading cause of unintentional injury death in Washington state, ahead of motor vehicle-related deaths. Washington state is one of sixteen states in which drug overdoses cause more deaths than traffic accidents. Drug overdose mortality rates have increased significantly since the 1990s, according to the centers for disease control and prevention, and illegal and prescription drug overdoses killed more than thirty-eight thousand people nationwide in 2006, the last year for which firm data is available. The Washington state department of health reports that in 1999 unintentional drug poisoning was responsible for four hundred three deaths in this state; in 2007, the number had increased to seven hundred sixty-one, compared with six hundred ten motor vehicle-related deaths that same year. Many drug overdose fatalities occur because peers delay or forego calling 911 for fear of arrest or police involvement, which researchers continually identify as the most significant barrier to the ideal first response of calling emergency services." [
2010 c 9 s 1
.]
RCW 69.50.317
Opioid drugs
—
Communication with patient.
(1) Any practitioner who writes the first prescription for an opioid during the course of treatment to any patient must, under professional rules, discuss the following with the patient:
(a) The risks of opioids, including risk of dependence and overdose;
(b) Pain management alternatives to opioids, including nonopioid pharmacological treatments, and nonpharmacological treatments available to the patient, at the discretion of the practitioner and based on the medical condition of the patient; and
(c) A written copy of the warning language provided by the department under RCW 43.70.765
.
(2) If the patient is under eighteen years old or does not have the capacity to make a health care decision, the discussion required by subsection (1) of this section must include the patient's parent, guardian, or the person identified in RCW 7.70.065, unless otherwise provided by law.
(3) The practitioner shall document completion of the requirements in subsection (1) of this section in the patient's health care record.
(4) To fulfill the requirements of subsection (1) of this section, a practitioner may designate any individual who holds a credential issued by a disciplining authority under RCW 18.130.040
to conduct the discussion.
(5) Violation of this section constitutes unprofessional conduct under chapter
18.130
RCW.
(6) This section does not apply to:
(a) Opioid prescriptions issued for the treatment of pain associated with terminal cancer or other terminal diseases, or for palliative, hospice, or other end-of-life care of where the practitioner determines the health, well-being, or care of the patient would be compromised by the requirements of this section and documents such basis for the determination in the patient's health care record; or
(b) Administration of an opioid in an inpatient or outpatient treatment setting.
(7) This section does not apply to practitioners licensed under chapter
18.92
RCW.
(8) The department shall review this section by March 31, 2026, and report to the appropriate committees of the legislature on whether this section should be retained, repealed, or amended.
[
2021 c 270 s 4
;
2019 c 314 s 17
.]
NOTES:
Effective date
—
2021 c 270:
See note following RCW 7.70.065
.
Declaration
—
2019 c 314:
See note following RCW 18.22.810
.
RCW 69.50.320
Registration of department of fish and wildlife for use in chemical capture programs
—
Rules.
The department of fish and wildlife may apply to the commission for registration pursuant to the applicable provisions of this chapter to purchase, possess, and administer controlled substances for use in chemical capture programs. The department of fish and wildlife must not permit a person to administer controlled substances unless the person has demonstrated adequate knowledge of the potential hazards and proper techniques to be used in administering controlled substances.
The commission may issue a limited registration to carry out the provisions of this section. The commission may adopt rules to ensure strict compliance with the provisions of this section. The commission, in consultation with the department of fish and wildlife, must by rule add or remove additional controlled substances for use in chemical capture programs. Chapter
18.64
RCW governs the denial of licenses and the discipline of registrations issued under this chapter. The uniform disciplinary act, chapter
18.130
RCW, governs unlicensed practice of persons required to obtain a registration under this chapter. In addition to any other grounds, the commission may suspend or revoke a registration issued under this chapter upon determination that the person administering controlled substances has not demonstrated adequate knowledge as required by this section.
[
2024 c 121 s 49
;
2013 c 19 s 106
;
2003 c 175 s 2
.]
NOTES:
Findings
—
2003 c 175:
"The legislature finds that the department of fish and wildlife is responsible for the proper management of the state's diverse wildlife resources. Wildlife management often requires the department of fish and wildlife to immobilize individual animals in order for the animals to be moved, treated, examined, or for other legitimate purposes. The legislature finds that it is often necessary for the department to use certain controlled substances to accomplish these purposes. Therefore, the legislature finds that the department of fish and wildlife, in coordination with the *board of pharmacy, must be enabled to use approved controlled substances in order to accomplish its legitimate wildlife management goals." [
2003 c 175 s 1
.]
*Reviser's note:
Chapter 19, Laws of 2013 changed "board of pharmacy" to "pharmacy quality assurance commission."
RCW 69.50.325
Cannabis producer's license, cannabis processor's license, cannabis retailer's license.
(Effective until January 1, 2026.)
(1) There shall be a cannabis producer's license regulated by the board and subject to annual renewal. The licensee is authorized to produce: (a) Cannabis for sale at wholesale to cannabis processors and other cannabis producers; (b) immature plants or clones and seeds for sale to cooperatives as described under RCW 69.51A.250
; and (c) immature plants or clones and seeds for sale to qualifying patients and designated providers as provided under RCW 69.51A.310
. The production, possession, delivery, distribution, and sale of cannabis in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed cannabis producer, shall not be a criminal or civil offense under Washington state law. Every cannabis producer's license shall be issued in the name of the applicant, shall specify the location at which the cannabis producer intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a cannabis producer's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis producer's license shall be one thousand three hundred eighty-one dollars. A separate license shall be required for each location at which a cannabis producer intends to produce cannabis.
(2) There shall be a cannabis processor's license to process, package, and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale at wholesale to cannabis processors and cannabis retailers, regulated by the board and subject to annual renewal. The processing, packaging, possession, delivery, distribution, and sale of cannabis, useable cannabis, cannabis-infused products, and cannabis concentrates in accordance with the provisions of this chapter and chapter
69.51A
RCW and the rules adopted to implement and enforce these chapters, by a validly licensed cannabis processor, shall not be a criminal or civil offense under Washington state law. Every cannabis processor's license shall be issued in the name of the applicant, shall specify the location at which the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a cannabis processor's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis processor's license shall be one thousand three hundred eighty-one dollars. A separate license shall be required for each location at which a cannabis processor intends to process cannabis.
(3)(a) There shall be a cannabis retailer's license to sell cannabis concentrates, useable cannabis, and cannabis-infused products at retail in retail outlets, regulated by the board and subject to annual renewal. The possession, delivery, distribution, and sale of cannabis concentrates, useable cannabis, and cannabis-infused products in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed cannabis retailer, shall not be a criminal or civil offense under Washington state law. Every cannabis retailer's license shall be issued in the name of the applicant, shall specify the location of the retail outlet the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a cannabis retailer's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis retailer's license shall be one thousand three hundred eighty-one dollars. A separate license shall be required for each location at which a cannabis retailer intends to sell cannabis concentrates, useable cannabis, and cannabis-infused products.
(b) An individual retail licensee and all other persons or entities with a financial or other ownership interest in the business operating under the license are limited, in the aggregate, to holding a collective total of not more than five retail cannabis licenses.
(c)(i) A cannabis retailer's license is subject to forfeiture in accordance with rules adopted by the board pursuant to this section.
(ii) The board shall adopt rules to establish a license forfeiture process for a licensed cannabis retailer that is not fully operational and open to the public within a specified period from the date of license issuance, as established by the board, subject to the following restrictions:
(A) No cannabis retailer's license may be subject to forfeiture within the first nine months of license issuance; and
(B) The board must require license forfeiture on or before twenty-four calendar months of license issuance if a cannabis retailer is not fully operational and open to the public, unless the board determines that circumstances out of the licensee's control are preventing the licensee from becoming fully operational and that, in the board's discretion, the circumstances warrant extending the forfeiture period beyond twenty-four calendar months.
(iii) The board has discretion in adopting rules under this subsection (3)(c).
(iv) This subsection (3)(c) applies to cannabis retailer's licenses issued before and after July 23, 2017. However, no license of a cannabis retailer that otherwise meets the conditions for license forfeiture established pursuant to this subsection (3)(c) may be subject to forfeiture within the first nine calendar months of July 23, 2017.
(v) The board may not require license forfeiture if the licensee has been incapable of opening a fully operational retail cannabis business due to actions by the city, town, or county with jurisdiction over the licensee that include any of the following:
(A) The adoption of a ban or moratorium that prohibits the opening of a retail cannabis business; or
(B) The adoption of an ordinance or regulation related to zoning, business licensing, land use, or other regulatory measure that has the effect of preventing a licensee from receiving an occupancy permit from the jurisdiction or which otherwise prevents a licensed cannabis retailer from becoming operational.
(d) The board may issue cannabis retailer licenses pursuant to this chapter and RCW 69.50.335
.
[
2022 c 16 s 54
;
2020 c 236 s 6
;
2018 c 132 s 3
. Prior:
2017 c 317 s 1
;
2017 c 316 s 2
;
2016 c 170 s 1
;
2015 c 70 s 5
;
2014 c 192 s 2
;
2013 c 3 s 4
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Intent
—
2020 c 236:
See note following RCW 69.50.335
.
Effective date
—
2018 c 132 s 3:
"Section 3 of this act takes effect July 1, 2018." [
2018 c 132 s 4
.]
Findings
—
2025 c 58; 2017 c 317:
"The legislature finds that protecting the state's children, youth, and young adults under the legal age to purchase and consume cannabis, by establishing limited restrictions on the advertising of cannabis and cannabis products, is necessary to assist the state's efforts to discourage and prevent underage consumption and the potential risks associated with underage consumption. The legislature finds that these restrictions assist the state in maintaining a strong and effective regulatory and enforcement system as specified by the federal government. The legislature finds this act leaves ample opportunities for licensed cannabis businesses to market their products to those who are of legal age to purchase them, without infringing on the free speech rights of business owners. Finally, the legislature finds that the state has a substantial and compelling interest in enacting this act aimed at protecting Washington's children, youth, and young adults." [
2025 c 58 s 4005
;
2017 c 317 s 12
.]
Application
—
2017 c 317:
"This act applies prospectively only and not retroactively. It applies only to causes of action that arise (if change is substantive) or that are commenced (if change is procedural) on or after July 23, 2017." [
2017 c 317 s 25
.]
Effective date
—
2017 c 316 ss 2 and 3:
"Sections 2 and 3 of this act take effect July 1, 2018." [
2017 c 316 s 4
.]
Effective date
—
2016 c 170:
"This act takes effect July 1, 2016." [
2016 c 170 s 3
.]
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
PDF
RCW 69.50.325
Cannabis producer's license, cannabis processor's license, cannabis retailer's license.
(Effective January 1, 2026.)
(1) There shall be a cannabis producer's license regulated by the board and subject to annual renewal. The licensee is authorized to produce: (a) Cannabis for sale at wholesale to cannabis processors and other cannabis producers; (b) immature plants or clones and seeds for sale to cooperatives as described under RCW 69.51A.250
; and (c) immature plants or clones and seeds for sale to qualifying patients and designated providers as provided under RCW 69.51A.310
. The production, possession, delivery, distribution, and sale of cannabis in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed cannabis producer, shall not be a criminal or civil offense under Washington state law. Every cannabis producer's license shall be issued in the name of the applicant, shall specify the location at which the cannabis producer intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a cannabis producer's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis producer's license shall be one thousand three hundred eighty-one dollars. A separate license shall be required for each location at which a cannabis producer intends to produce cannabis.
(2) There shall be a cannabis processor's license to process, package, and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale at wholesale to cannabis processors and cannabis retailers, regulated by the board and subject to annual renewal. The processing, packaging, possession, delivery, distribution, and sale of cannabis, useable cannabis, cannabis-infused products, and cannabis concentrates in accordance with the provisions of this chapter and chapter
69.51A
RCW and the rules adopted to implement and enforce these chapters, by a validly licensed cannabis processor, shall not be a criminal or civil offense under Washington state law. Every cannabis processor's license shall be issued in the name of the applicant, shall specify the location at which the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a cannabis processor's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis processor's license shall be one thousand three hundred eighty-one dollars. A separate license shall be required for each location at which a cannabis processor intends to process cannabis.
(3)(a) There shall be a cannabis retailer's license to sell cannabis concentrates, useable cannabis, and cannabis-infused products at retail in retail outlets, regulated by the board and subject to annual renewal. The possession, delivery, distribution, and sale of cannabis concentrates, useable cannabis, and cannabis-infused products in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed cannabis retailer, shall not be a criminal or civil offense under Washington state law. Every cannabis retailer's license shall be issued in the name of the applicant, shall specify the location of the retail outlet the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a cannabis retailer's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis retailer's license shall be one thousand three hundred eighty-one dollars. A separate license shall be required for each location at which a cannabis retailer intends to sell cannabis concentrates, useable cannabis, and cannabis-infused products.
(b)(i) An individual retail licensee and all other persons or entities with a financial or other ownership interest in the business operating under the license are limited, in the aggregate, to holding a collective total of not more than five retail cannabis licenses.
(ii) A retail licensee and all other persons or entities with a financial or other ownership interest may not enter into any management agreement under RCW 69.50.331
(1)(b)(iv) or any agreement as referenced in RCW 69.50.395, whether or not in exchange for payment, that confers a financial interest across more than five retail cannabis licenses. For the purposes of this subsection, "financial interest" includes, but is not limited to:
(A) Any sharing of profits or revenue;
(B) Any assistance, coordination, or recommendation for the purchase of cannabis products whereupon pricing is coordinated or discounted;
(C) The common use of intellectual property assets such as branding, trade names, logos, social media accounts, or websites;
(D) Any operational control over the business or operational support for typical day-to-day business operations, including core business or executive functions of the retail cannabis license;
(E) Any sharing or coordination of marketing and advertising efforts or expenses; and
(F) Any coordinated sharing of employment or hiring decisions, including the shared employment of individuals.
(c)(i) A cannabis retailer's license is subject to forfeiture in accordance with rules adopted by the board pursuant to this section.
(ii) The board shall adopt rules to establish a license forfeiture process for a licensed cannabis retailer that is not fully operational and open to the public within a specified period from the date of license issuance, as established by the board, subject to the following restrictions:
(A) No cannabis retailer's license may be subject to forfeiture within the first nine months of license issuance; and
(B) The board must require license forfeiture on or before twenty-four calendar months of license issuance if a cannabis retailer is not fully operational and open to the public, unless the board determines that circumstances out of the licensee's control are preventing the licensee from becoming fully operational and that, in the board's discretion, the circumstances warrant extending the forfeiture period beyond twenty-four calendar months.
(iii) The board has discretion in adopting rules under this subsection (3)(c).
(iv) This subsection (3)(c) applies to cannabis retailer's licenses issued before and after July 23, 2017. However, no license of a cannabis retailer that otherwise meets the conditions for license forfeiture established pursuant to this subsection (3)(c) may be subject to forfeiture within the first nine calendar months of July 23, 2017.
(v) The board may not require license forfeiture if the licensee has been incapable of opening a fully operational retail cannabis business due to actions by the city, town, or county with jurisdiction over the licensee that include any of the following:
(A) The adoption of a ban or moratorium that prohibits the opening of a retail cannabis business; or
(B) The adoption of an ordinance or regulation related to zoning, business licensing, land use, or other regulatory measure that has the effect of preventing a licensee from receiving an occupancy permit from the jurisdiction or which otherwise prevents a licensed cannabis retailer from becoming operational.
(d) The board may issue cannabis retailer licenses pursuant to this chapter and RCW 69.50.335
.
[
2025 c 250 s 1
;
2022 c 16 s 54
;
2020 c 236 s 6
;
2018 c 132 s 3
. Prior:
2017 c 317 s 1
;
2017 c 316 s 2
;
2016 c 170 s 1
;
2015 c 70 s 5
;
2014 c 192 s 2
;
2013 c 3 s 4
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Application
—
2025 c 250:
"This act applies:
(1) Retroactively to agreements entered before January 1, 2026; and
(2) Prospectively to agreements entered or renewed on or after January 1, 2026." [
2025 c 250 s 2
.]
Effective date
—
2025 c 250:
"This act takes effect January 1, 2026." [
2025 c 250 s 3
.]
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Intent
—
2020 c 236:
See note following RCW 69.50.335
.
Effective date
—
2018 c 132 s 3:
"Section 3 of this act takes effect July 1, 2018." [
2018 c 132 s 4
.]
Findings
—
2025 c 58; 2017 c 317:
"The legislature finds that protecting the state's children, youth, and young adults under the legal age to purchase and consume cannabis, by establishing limited restrictions on the advertising of cannabis and cannabis products, is necessary to assist the state's efforts to discourage and prevent underage consumption and the potential risks associated with underage consumption. The legislature finds that these restrictions assist the state in maintaining a strong and effective regulatory and enforcement system as specified by the federal government. The legislature finds this act leaves ample opportunities for licensed cannabis businesses to market their products to those who are of legal age to purchase them, without infringing on the free speech rights of business owners. Finally, the legislature finds that the state has a substantial and compelling interest in enacting this act aimed at protecting Washington's children, youth, and young adults." [
2025 c 58 s 4005
;
2017 c 317 s 12
.]
Application
—
2017 c 317:
"This act applies prospectively only and not retroactively. It applies only to causes of action that arise (if change is substantive) or that are commenced (if change is procedural) on or after July 23, 2017." [
2017 c 317 s 25
.]
Effective date
—
2017 c 316 ss 2 and 3:
"Sections 2 and 3 of this act take effect July 1, 2018." [
2017 c 316 s 4
.]
Effective date
—
2016 c 170:
"This act takes effect July 1, 2016." [
2016 c 170 s 3
.]
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.3251
Cannabis manufacture, sale, distribution prohibited without a license
—
Tribal agreements
—
Synthetic cannabinoids prohibited.
(1) Except as otherwise provided in this chapter or as permitted under an agreement between the state and a tribe entered into under RCW 43.06.490, no person may manufacture, sell, or distribute cannabis, cannabis concentrates, useable cannabis, or cannabis-infused products, or any cannabis products without a valid license issued by the board or commission.
(2) Except as permitted under an agreement between the state and a tribe entered into under RCW 43.06.490, any person performing any act requiring a license under this title, without having in force an appropriate and valid license issued to the person, is in violation of this chapter.
(3) The producing, processing, manufacturing, or sale of any synthetically derived, or completely synthetic, cannabinoid is prohibited, except for products approved by the United States food and drug administration.
[
2023 c 365 s 5
.]
NOTES:
Construction
—
2023 c 365:
See note following RCW 69.50.326
.
RCW 69.50.3255
Cannabis producers and processors
—
Cannabis waste.
(1) A licensed cannabis producer and a licensed cannabis processor may sell cannabis waste to a person not licensed under this chapter if:
(a) The cannabis waste would not be designated as dangerous or hazardous waste under:
(i) Chapter
70A.300
RCW and rules adopted under that chapter; and
(ii) Cannabis waste disposal rules adopted by the board;
(b) The licensee notifies the board and the Washington state department of agriculture before the sale. Such notice must include information about the quantity and sale price of cannabis waste transferred and the name of the person or entity that purchased the cannabis waste; and
(c) The licensee makes all sales available to the public on an equal and nondiscriminatory basis.
(2) Cannabis waste not sold in accordance with subsection (1) of this section and not designated as dangerous or hazardous waste under chapter
70A.300
RCW, rules adopted pursuant to that chapter, or cannabis waste disposal rules adopted by the board must be rendered unusable before leaving a licensed producer, processor, or laboratory.
(3) For the purposes of this section, "cannabis waste" means solid waste generated during cannabis production or processing that has a THC concentration of 0.3 percent or less. "Cannabis waste" does not include "hemp" or "industrial hemp" as those terms are defined in RCW 15.140.020
.
(4) Nothing in this chapter prohibits producers or processors from selling cannabis waste to a person not licensed under this chapter if such transfer is pursuant to the requirements of this section.
(5) The board may adopt rules necessary to implement this section.
[
2024 c 243 s 1
.]
RCW 69.50.326
Cannabis producers, processors
—
Use of additives to enhance CBD concentration of authorized products
—
Rules.
(1) Licensed cannabis producers and licensed cannabis processors may use a CBD product as an additive for the purpose of enhancing the cannabidiol concentration of any product authorized for production, processing, and sale under this chapter. Except as otherwise provided in subsection (2) of this section, such CBD product additives must be lawfully produced by, or purchased from, a producer or processor licensed under this chapter.
(2) Subject to the requirements set forth in (a) through (c) of this subsection, and for the purpose of enhancing the cannabidiol concentration of any product authorized for production, processing, or sale under this chapter, licensed cannabis producers and licensed cannabis processors may use a CBD product obtained from a source not licensed under this chapter, provided the CBD product:
(a) Is not cannabis, or a cannabis product, as defined in this chapter;
(b) Is not a synthetic cannabinoid; and
(c) Has been tested for contaminants and toxins by a testing laboratory accredited under this chapter and in accordance with testing standards established under this chapter and the applicable administrative rules.
(3) Subject to the requirements of this subsection (3), the board may enact rules necessary to implement the requirements of this section. Such rule making is limited to regulations pertaining to laboratory testing and product safety standards for those cannabidiol products used by licensed producers and processors in the manufacture of cannabis products marketed by licensed retailers under this chapter. The purpose of such rule making must be to ensure the safety and purity of cannabidiol products used by cannabis producers and processors licensed under this chapter and incorporated into products sold by licensed recreational cannabis retailers. This rule-making authority does not include the authority to enact rules regarding either the production or processing practices of the industrial hemp industry or any cannabidiol products that are sold or marketed outside of the regulatory framework established under this chapter.
[
2023 c 365 s 3
;
2022 c 16 s 55
;
2018 c 132 s 1
.]
NOTES:
Construction
—
2023 c 365:
"Nothing in this act shall be construed to require any agency to purchase a liquid chromatography-mass spectrometry instrument." [
2023 c 365 s 6
.]
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
RCW 69.50.327
Cannabis processors
—
Incorporation of characterizing flavor in vapor products.
(1) Except as provided in subsection (2) of this section, cannabis processors may incorporate in cannabis vapor products a characterizing flavor if the characterizing flavor is derived from botanical terpenes naturally occurring in the cannabis plant, regardless of source, and if the characterizing flavor mimics the terpene profile found in a cannabis plant. Characterizing flavors authorized under this section do not include any synthetic terpenes.
(2) If the board determines a characterizing flavor otherwise authorized under this section may pose a risk to public health or youth access, the board may, by rule adopted under RCW 69.50.342, prohibit the use in cannabis vapor products of such a characterizing flavor.
[
2022 c 16 s 56
;
2020 c 133 s 4
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Effective date
—
2020 c 133:
See notes following RCW 69.50.342
.
RCW 69.50.3271
Products combining cannabis and alcohol prohibited.
It is unlawful to manufacture, import, offer, or sell in this state a consumable product that contains cannabis or any form of tetrahydrocannabinol in combination with beer, wine, spirits, or any other type of liquor in the same product.
[
2023 c 217 s 1
.]
RCW 69.50.328
Cannabis producers, processors
—
No direct or indirect financial interest in licensed cannabis retailers.
Neither a licensed cannabis producer nor a licensed cannabis processor shall have a direct or indirect financial interest in a licensed cannabis retailer.
[
2022 c 16 s 57
;
2013 c 3 s 5
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.331
Application for license
—
Renewal fee reimbursement, social equity plan.
(1) For the purpose of considering any application for a license to produce, process, research, transport, or deliver cannabis, useable cannabis, cannabis concentrates, or cannabis-infused products subject to the regulations established under RCW 69.50.385, or sell cannabis, or for the renewal of a license to produce, process, research, transport, or deliver cannabis, useable cannabis, cannabis concentrates, or cannabis-infused products subject to the regulations established under RCW 69.50.385, or sell cannabis, the board must conduct a comprehensive, fair, and impartial evaluation of the applications timely received.
(a) The board may cause an inspection of the premises to be made, and may inquire into all matters in connection with the construction and operation of the premises. For the purpose of reviewing any application for a license and for considering the denial, suspension, revocation, cancellation, or renewal or denial thereof, of any license, the board may consider any prior criminal arrests or convictions of the applicant, any public safety administrative violation history record with the board, and a criminal history record information check. The board may submit the criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The board must require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation. The provisions of RCW 9.95.240
and of chapter
9.96A
RCW do not apply to these cases. Subject to the provisions of this section, the board may, in its discretion, grant or deny the renewal or license applied for. Denial may be based on, without limitation, the existence of chronic illegal activity documented in objections submitted pursuant to subsections (7)(c) and (10) of this section. Authority to approve an uncontested or unopposed license may be granted by the board to any staff member the board designates in writing. Conditions for granting this authority must be adopted by rule.
(b) No license of any kind may be issued to:
(i) A person under the age of 21 years;
(ii) A person doing business as a sole proprietor who has not lawfully resided in the state for at least six months prior to applying to receive a license;
(iii) A partnership, employee cooperative, association, nonprofit corporation, or corporation unless formed under the laws of this state, and unless all of the members thereof are qualified to obtain a license as provided in this section; or
(iv) A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee.
(2)(a) The board may, in its discretion, subject to RCW 43.05.160, 69.50.563, 69.50.562, 69.50.334, and
69.50.342
(3) suspend or cancel any license; and all protections of the licensee from criminal or civil sanctions under state law for producing, processing, researching, or selling cannabis, cannabis concentrates, useable cannabis, or cannabis-infused products thereunder must be suspended or terminated, as the case may be.
(b) The board must immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license is automatic upon the board's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
(c) The board may request the appointment of administrative law judges under chapter
34.12
RCW who shall have power to administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses, receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, and consider mitigating and aggravating circumstances in any case and deviate from any prescribed penalty, under rules the board may adopt.
(d) Witnesses must be allowed fees and mileage each way to and from any inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446
. Fees need not be paid in advance of appearance of witnesses to testify or to produce books, records, or other legal evidence.
(e) In case of disobedience of any person to comply with the order of the board or a subpoena issued by the board, or any of its members, or administrative law judges, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law judge, compels obedience by contempt proceedings, as in the case of disobedience of the requirements of a subpoena issued from said court or a refusal to testify therein.
(3) Upon receipt of notice of the suspension or cancellation of a license, the licensee must forthwith deliver up the license to the board. Where the license has been suspended only, the board must return the license to the licensee at the expiration or termination of the period of suspension. The board must notify all other licensees in the county where the subject licensee has its premises of the suspension or cancellation of the license; and no other licensee or employee of another licensee may allow or cause any cannabis, cannabis concentrates, useable cannabis, or cannabis-infused products to be delivered to or for any person at the premises of the subject licensee.
(4) Every license issued under this chapter is subject to all conditions and restrictions imposed by this chapter or by rules adopted by the board to implement and enforce this chapter. All conditions and restrictions imposed by the board in the issuance of an individual license must be listed on the face of the individual license along with the trade name, address, and expiration date.
(5) Every licensee must post and keep posted its license, or licenses, in a conspicuous place on the premises.
(6) No licensee may employ any person under the age of 21 years.
(7)(a) Before the board issues a new or renewed license to an applicant it must give notice of the application to the chief executive officer of the incorporated city or town, if the application is for a license within an incorporated city or town, or to the county legislative authority, if the application is for a license outside the boundaries of incorporated cities or towns, or to the tribal government if the application is for a license within Indian country, or to the port authority if the application for a license is located on property owned by a port authority.
(b) The incorporated city or town through the official or employee selected by it, the county legislative authority or the official or employee selected by it, the tribal government, or port authority has the right to file with the board within twenty days after the date of transmittal of the notice for applications, or at least thirty days prior to the expiration date for renewals, written objections against the applicant or against the premises for which the new or renewed license is asked. The board may extend the time period for submitting written objections upon request from the authority notified by the board.
(c) The written objections must include a statement of all facts upon which the objections are based, and in case written objections are filed, the city or town or county legislative authority may request, and the board may in its discretion hold, a hearing subject to the applicable provisions of Title
34
RCW. If the board makes an initial decision to deny a license or renewal based on the written objections of an incorporated city or town or county legislative authority, the applicant may request a hearing subject to the applicable provisions of Title
34
RCW. If a hearing is held at the request of the applicant, board representatives must present and defend the board's initial decision to deny a license or renewal.
(d) Upon the granting of a license under this title the board must send written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of incorporated cities or towns.
(8)(a) Except as provided in (b) through (e) of this subsection, the board may not issue a license for any premises within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged 21 years or older.
(b) A city, county, or town may permit the licensing of premises within 1,000 feet but not less than 100 feet of the facilities described in (a) of this subsection, except elementary schools, secondary schools, and playgrounds, by enacting an ordinance authorizing such distance reduction, provided that such distance reduction will not negatively impact the jurisdiction's civil regulatory enforcement, criminal law enforcement interests, public safety, or public health.
(c) A city, county, or town may permit the licensing of research premises allowed under RCW 69.50.372
within 1,000 feet but not less than 100 feet of the facilities described in (a) of this subsection by enacting an ordinance authorizing such distance reduction, provided that the ordinance will not negatively impact the jurisdiction's civil regulatory enforcement, criminal law enforcement, public safety, or public health.
(d) The board may license premises located in compliance with the distance requirements set in an ordinance adopted under (b) or (c) of this subsection. Before issuing or renewing a research license for premises within 1,000 feet but not less than 100 feet of an elementary school, secondary school, or playground in compliance with an ordinance passed pursuant to (c) of this subsection, the board must ensure that the facility:
(i) Meets a security standard exceeding that which applies to cannabis producer, processor, or retailer licensees;
(ii) Is inaccessible to the public and no part of the operation of the facility is in view of the general public; and
(iii) Bears no advertising or signage indicating that it is a cannabis research facility.
(e) The board must issue a certificate of compliance if the premises met the requirements under (a), (b), (c), or (d) of this subsection on the date of the application. The certificate allows the licensee to operate the business at the proposed location notwithstanding a later occurring, otherwise disqualifying factor.
(f) The board may not issue a license for any premises within Indian country, as defined in 18 U.S.C. Sec. 1151, including any fee patent lands within the exterior boundaries of a reservation, without the consent of the federally recognized tribe associated with the reservation or Indian country.
(9) A city, town, or county may adopt an ordinance prohibiting a cannabis producer or cannabis processor from operating or locating a business within areas zoned primarily for residential use or rural use with a minimum lot size of five acres or smaller.
(10) In determining whether to grant or deny a license or renewal of any license, the board must give substantial weight to objections from an incorporated city or town or county legislative authority based upon chronic illegal activity associated with the applicant's operations of the premises proposed to be licensed or the applicant's operation of any other licensed premises, or the conduct of the applicant's patrons inside or outside the licensed premises. "Chronic illegal activity" means (a) a pervasive pattern of activity that threatens the public health, safety, and welfare of the city, town, or county including, but not limited to, open container violations, assaults, disturbances, disorderly conduct, or other criminal law violations, or as documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar records of a law enforcement agency for the city, town, county, or any other municipal corporation or any state agency; or (b) an unreasonably high number of citations for violations of RCW 46.61.502
associated with the applicant's or licensee's operation of any licensed premises as indicated by the reported statements given to law enforcement upon arrest.
(11) The board may not issue a cannabis retail license for any premises not currently licensed if:
(a) The board receives a written objection from the legislative authority of an incorporated city or town, or county legislative authority, relating to the physical location of the proposed premises;
(b) The objection to the location from the incorporated city or town, or county legislative authority, is received by the board within 20 days of the board notifying the incorporated city or town, or county legislative authority, of the proposed cannabis retail location; and
(c) The objection to the issuance of a cannabis retail license at the specified location is based on a preexisting local ordinance limiting outlet density in a specific geographic area. For purposes of this subsection (11), a preexisting local ordinance is an ordinance enacted and in effect before the date the applicant submits an application for a cannabis retail license to the board identifying the premises proposed to be licensed. No objection related to the physical location of a proposed premises may be made by a local government under this subsection (11) based on a local ordinance enacted after the date the applicant submits an application for a cannabis retail license to the board identifying the premises proposed to be licensed.
(12) After January 1, 2024, all cannabis licensees are encouraged but are not required to submit a social equity plan to the board. Upon confirmation by the board that a cannabis licensee who is not a social equity applicant, and who does not hold a social equity license issued under RCW 69.50.335, has submitted a social equity plan, the board must within 30 days reimburse such a licensee an amount equal to the cost of the licensee's annual cannabis license renewal fee. The license renewal fee reimbursement authorized under this subsection is subject to the following limitations:
(a) The board may provide reimbursement one time only to any licensed entity; and
(b) Any licensed entity holding more than one cannabis license is eligible for reimbursement of the license renewal fee on only one license.
[
2023 c 220 s 2
;
2022 c 16 s 58
;
2020 c 154 s 1
;
2019 c 394 s 7
;
2017 c 317 s 2
;
2015 2nd sp.s. c 4 s 301
;
2015 c 70 s 6
;
2013 c 3 s 6
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
2019 c 394:
See note following RCW 69.50.563
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.334
Denial of application
—
Opportunity for hearing.
(1) The action, order, or decision of the board as to any denial of an application for the reissuance of a license to produce, process, or sell cannabis, or as to any revocation, suspension, or modification of any license to produce, process, or sell cannabis, or as to the administrative review of a notice of unpaid trust fund taxes under RCW 69.50.565, must be an adjudicative proceeding and subject to the applicable provisions of chapter
34.05
RCW.
(2) An opportunity for a hearing may be provided to an applicant for the reissuance of a license prior to the disposition of the application, and if no opportunity for a prior hearing is provided then an opportunity for a hearing to reconsider the application must be provided the applicant.
(3) An opportunity for a hearing must be provided to a licensee prior to a revocation or modification of any license and, except as provided in subsection (6) of this section, prior to the suspension of any license.
(4) An opportunity for a hearing must be provided to any person issued a notice of unpaid trust fund taxes under RCW 69.50.565
.
(5) No hearing may be required under this section until demanded by the applicant, licensee, or person issued a notice of unpaid trust fund taxes under RCW 69.50.565
.
(6) The board may summarily suspend a license for a period of up to one hundred eighty days without a prior hearing if it finds that public health, safety, or welfare imperatively require emergency action, and it incorporates a finding to that effect in its order. Proceedings for revocation or other action must be promptly instituted and determined. An administrative law judge may extend the summary suspension period for up to one calendar year from the first day of the initial summary suspension in the event the proceedings for revocation or other action cannot be completed during the initial one hundred eighty-day period due to actions by the licensee. The board's enforcement division shall complete a preliminary staff investigation of the violation before requesting an emergency suspension by the board.
[
2022 c 16 s 59
;
2015 2nd sp.s. c 4 s 201
;
2013 c 3 s 7
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Intent
—
2025 c 58; 2015 2nd sp.s. c 4:
"(1)(a) The legislature finds the implementation of Initiative Measure No. 502 has established a clearly disadvantaged regulated legal market with respect to prices and the ability to compete with the unregulated medical dispensary market and the illicit market. The legislature further finds that it is crucial that the state continues to ensure a safe, highly regulated system in Washington that protects valuable state revenues while continuing efforts towards disbanding the unregulated cannabis markets. The legislature further finds that ongoing evaluation on the impact of meaningful cannabis tax reform for the purpose of stabilizing revenues is crucial to the overall effort of protecting the citizens and resources of this state. The legislature further finds that a partnership with local jurisdictions in this effort is imperative to the success of the legislature's policy objective. The legislature further finds that sharing revenues to promote a successful partnership in achieving the legislature's intent should be transparent and hold local jurisdictions accountable for their use of state shared revenues. Therefore, the legislature intends to reform the current tax structure for the regulated legal cannabis system to create price parity with the large medical and illicit markets with the specific objective of increasing the market share of the legal and highly regulated cannabis market. The legislature further intends to share cannabis tax revenues with local jurisdictions for public safety purposes and to facilitate the ongoing process of ensuring a safe regulated cannabis market in all communities across the state.
(b) The legislature further finds cannabis use for qualifying patients is a valid and necessary option health care professionals may recommend for their patients. The legislature further finds that while recognizing the difference between recreational and medical use of cannabis, it is also imperative to distinguish that the authorization for medical use of cannabis is different from a valid prescription provided by a doctor to a patient. The legislature further finds the authorization for medical use of cannabis is unlike over-the-counter medications that require no oversight by a health care professional. The legislature further finds that due to the unique characterization of authorizations for the medical use of cannabis, the policy of providing a tax preference benefit for patients using an authorization should in no way be construed as precedent for changes in the treatment of prescription medications or over-the-counter medications. Therefore, the legislature intends to provide qualifying patients and their designated providers a retail sales and use tax exemption on cannabis purchased or obtained for medical use when authorized by a health care professional.
(2)(a) This subsection is the tax preference performance statement for the retail sales and use tax exemption for cannabis purchased or obtained by qualifying patients or their designated providers provided in RCW 82.08.9998
(1) and
82.12.9998
(1). The performance statement is only intended to be used for subsequent evaluation of the tax preference. It is not intended to create a private right of action by any party or be used to determine eligibility for preferential tax treatment.
(b) The legislature categorizes the tax preference as one intended to accomplish the general purposes indicated in RCW 82.32.808
(2)(e).
(c) It is the legislature's specific public policy objective to provide qualifying patients and their designated providers a retail sales and use tax exemption on cannabis purchased or obtained for medical use when authorized by a health care professional.
(d) To measure the effectiveness of the exemption provided in chapter 4, Laws of 2015 2nd sp. sess. in achieving the specific public policy objective described in (c) of this subsection, the department of revenue must provide the necessary data and assistance to the state liquor and cannabis board for the report required in RCW 69.50.535
." [
2025 c 58 s 4006
;
2015 2nd sp.s. c 4 s 101
.]
Effective dates
—
2015 2nd sp.s. c 4:
"(1) Except as provided otherwise in this section, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2015.
(2) Except for section 503 of this act, part V of this act takes effect October 1, 2015.
(3) Sections 203 and 1001 of this act take effect July 1, 2016.
(4) Sections 302, 503, 901, 1204, and 1601 of this act and part XV of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 24, 2015." [
2015 2nd sp.s. c 4 s 1605
.]
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.335
Cannabis retailer, processor, producer licenses
—
Issue, reissue of licenses
—
Social equity applicants
—
Rules
—
Definitions.
(1)(a) Beginning December 1, 2020, and until July 1, 2032, cannabis retailer licenses, cannabis processor licenses, and cannabis producer licenses that have been subject to forfeiture, revocation, or cancellation by the board, or cannabis retailer licenses that were not previously issued by the board but could have been issued without exceeding the limit on the statewide number of cannabis retailer licenses established before January 1, 2020, by the board, may be issued or reissued to an applicant who meets the cannabis retailer license, cannabis processor license, or cannabis producer license requirements of this chapter.
(b) In accordance with (a) of this subsection, the board may issue or reissue:
(i) Up to 100 cannabis processor licenses immediately; and
(ii) Beginning January 1, 2025, up to 10 cannabis producer licenses, which must be issued in conjunction with a cannabis processor license.
(c) In addition to the cannabis retailer licenses and cannabis producer licenses that may be issued under (a) and (b) of this subsection, beginning January 1, 2023, and continuing every three years until July 1, 2032, the board may, with the approval of the legislature through the passage of a bill, increase the number of cannabis retailer licenses and cannabis producer licenses for the social equity program based on:
(i) The most recent census data available as of January 1, 2023; and
(ii) The annual population estimates published by the office of financial management.
(d) In addition to the cannabis retailer licenses that may be issued under (a) of this subsection, beginning January 1, 2024, and until July 1, 2032, the board may issue up to 52 cannabis retailer licenses for the social equity program.
(e)(i) At the time of licensure, all licenses issued under the social equity program under this section may be located in any city, town, or county in the state that allows cannabis retail, cannabis production, or cannabis processing business activities, as applicable, at the proposed location, regardless of:
(A) Whether a cannabis retailer license, cannabis producer license, or cannabis processor license was originally allocated to or issued in another city, town, or county; and
(B) The maximum number of retail cannabis licenses established by the board for each county under RCW 69.50.345
.
(ii) The board must adopt rules establishing a threshold of the number of licenses created by this section that can be located in each county.
(f) After a social equity license has been issued under this section for a specific location, the location of the licensed business may not be moved to a city, town, or county different from the city, town, or county for which it was initially licensed.
(2)(a) In order to be considered for a cannabis retailer license, cannabis processor license, or cannabis producer license under subsection (1) of this section, an applicant must be a social equity applicant and submit required cannabis license materials to the board. If the application proposes ownership by more than one person, then at least 51 percent of the proposed ownership structure must reflect the qualifications of a social equity applicant.
(b) Persons holding an existing cannabis retailer license or title certificate for a cannabis retailer business in a local jurisdiction subject to a ban or moratorium on cannabis retail businesses may apply for a license under this section.
(3)(a) In determining the priority for issuance of a license among applicants, the board must select a third-party contractor to identify and score social equity applicants, using a scoring rubric developed by the board. The board must rely on the score provided by the third-party contractor in issuing licenses.
(b) The board may deny any application submitted under this subsection if:
(i) The board determines that, upon the advice of the third-party contractor, the application does not meet the social equity licensing requirements of this chapter; or
(ii) The board determines the application does not otherwise meet licensing requirements.
(4) The board must adopt rules to implement this section. Prior to adopting any rule implementing this section, the board must consider advice on the social equity program from individuals the program is intended to benefit. Rules may also require that licenses awarded under this section only be transferred to or assumed by individuals or groups of individuals who comply with the requirements for initial licensure as a social equity applicant for a period of at least five years from the date of initial licensure.
(5) The annual fee for issuance, reissuance, or renewal for any license under this section must be waived through July 1, 2032.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Disproportionately impacted area" means a census tract or comparable geographic area within Washington state where community members were more likely to be impacted by the war on drugs. These areas must be determined in rule by the board, in consultation with the office of equity, using a standardized statistical equation to identify areas with demographic indicators consistent with populations most impacted by the war on drugs. These areas must be assessed to account for demographic changes in the composition of the population over time. Disproportionately impacted areas must include census tracts or comparable geographic areas in the top 15th percentile in at least two of the following demographic indicators of populations most impacted by the war on drugs:
(i) The area has a high rate of people living under the federal poverty level;
(ii) The area has a high rate of people who did not graduate from high school;
(iii) The area has a high rate of unemployment; or
(iv) The area has a high rate of people receiving public assistance.
(b) "Social equity applicant" means an applicant who has at least 51 percent ownership and control by one or more individuals who meet at least two of the following qualifications:
(i) Lived in a disproportionately impacted area in Washington state for a minimum of five years between 1980 and 2010;
(ii) Has been arrested or convicted of a cannabis offense or has a family member who has been arrested or convicted of a cannabis offense;
(iii) Had a household income in the year prior to submitting an application under this section that was less than the median household income within the state of Washington as calculated by the United States census bureau; or
(iv) Is both a socially and economically disadvantaged individual as defined by the office of minority and women's business enterprises under chapter
39.19
RCW.
(c) "Social equity goals" means:
(i) Increasing the number of cannabis retailer, producer, and processor licenses held by social equity applicants from disproportionately impacted areas; and
(ii) Reducing accumulated harm suffered by individuals, families, and local areas subject to severe impacts from the historical application and enforcement of cannabis prohibition laws.
(7) Except for the process detailed in subsection (1) of this section, the process for creating new cannabis retail licenses under this chapter remains unaltered.
[
2023 c 220 s 3
;
2022 c 16 s 60
;
2021 c 169 s 2
;
2020 c 236 s 2
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Intent
—
2025 c 58; 2020 c 236:
"(1) The legislature finds that additional efforts are necessary to reduce barriers to entry to the cannabis industry for individuals and communities most adversely impacted by the enforcement of cannabis-related laws. In the interest of establishing a cannabis industry that is equitable and accessible to those most adversely impacted by the enforcement of drug-related laws, including cannabis-related laws, the legislature finds a social equity program should be created.
(2) The legislature finds that individuals who have been arrested or incarcerated due to drug laws, and those who have resided in areas of high poverty, suffer long-lasting adverse consequences, including impacts to employment, business ownership, housing, health, and long-term financial well-being. The legislature also finds that family members, especially children, and communities of those who have been arrested or incarcerated due to drug laws, suffer from emotional, psychological, and financial harms as a result of such arrests and incarceration. The legislature further finds that individuals in disproportionately impacted areas suffered the harms of enforcement of cannabis-related laws. Those communities face greater difficulties accessing traditional banking systems and capital for establishing businesses.
(3) The legislature therefore finds that in the interest of remedying harms resulting from the enforcement of cannabis-related laws in disproportionately impacted areas, creating a social equity program will further an equitable cannabis industry by promoting business ownership among individuals who have resided in areas of high poverty and high enforcement of cannabis-related laws. The social equity program should offer, among other things, financial and technical assistance and license application benefits to individuals most directly and adversely impacted by the enforcement of cannabis-related laws who are interested in starting cannabis business enterprises. It is the intent of the legislature that implementation of the social equity program authorized by this act not result in an increase in the number of cannabis retailer licenses above the limit on the number of cannabis retailer licenses in the state established by the Washington state liquor and cannabis board before January 1, 2020." [
2025 c 58 s 4007
;
2020 c 236 s 1
.]
RCW 69.50.339
Transfer of license to produce, process, or sell cannabis
—
Reporting of proposed sales of outstanding or issued stock of a corporation.
(1) If the board approves, a license to produce, process, or sell cannabis may be transferred, without charge, to the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of one or both of the parties. For the purpose of considering the qualifications of the surviving party to receive a cannabis producer's, cannabis processor's, or cannabis retailer's license, the board may require a criminal history record information check. The board may submit the criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The board shall require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation.
(2) The proposed sale of more than ten percent of the outstanding or issued stock of a corporation licensed under chapter 3, Laws of 2013, or any proposed change in the officers of such a corporation, must be reported to the board, and board approval must be obtained before the changes are made. A fee of seventy-five dollars will be charged for the processing of the change of stock ownership or corporate officers.
[
2022 c 16 s 62
;
2013 c 3 s 8
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.342
State liquor and cannabis board
—
Rules.
(1) For the purpose of carrying into effect the provisions of chapter 3, Laws of 2013 according to their true intent or of supplying any deficiency therein, the board may adopt rules not inconsistent with the spirit of chapter 3, Laws of 2013 as are deemed necessary or advisable. Without limiting the generality of the preceding sentence, the board is empowered to adopt rules regarding the following:
(a) The equipment and management of retail outlets and premises where cannabis is produced or processed, and inspection of the retail outlets and premises where cannabis is produced or processed;
(b) The books and records to be created and maintained by licensees, the reports to be made thereon to the board, and inspection of the books and records;
(c) Methods of producing, processing, and packaging cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products; conditions of sanitation; safe handling requirements; approved pesticides and pesticide testing requirements; and standards of ingredients, quality, and identity of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products produced, processed, packaged, or sold by licensees;
(d) Security requirements for retail outlets and premises where cannabis is produced or processed, and safety protocols for licensees and their employees;
(e) Screening, hiring, training, and supervising employees of licensees;
(f) Retail outlet locations and hours of operation;
(g) Labeling requirements and restrictions on advertisement of cannabis, useable cannabis, cannabis concentrates, cannabis health and beauty aids, and cannabis-infused products for sale in retail outlets;
(h) Forms to be used for purposes of this chapter and chapter
69.51A
RCW or the rules adopted to implement and enforce these chapters, the terms and conditions to be contained in licenses issued under this chapter and chapter
69.51A
RCW, and the qualifications for receiving a license issued under this chapter and chapter
69.51A
RCW, including a criminal history record information check. The board may submit any criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The board must require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation;
(i) Application, reinstatement, and renewal fees for licenses issued under this chapter and chapter
69.51A
RCW, and fees for anything done or permitted to be done under the rules adopted to implement and enforce this chapter and chapter
69.51A
RCW;
(j) The manner of giving and serving notices required by this chapter and chapter
69.51A
RCW or rules adopted to implement or enforce these chapters;
(k) Times and periods when, and the manner, methods, and means by which, licensees transport and deliver cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products within the state;
(l) Identification, seizure, confiscation, destruction, or donation to law enforcement for training purposes of all cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, sold, or offered for sale within this state which do not conform in all respects to the standards prescribed by this chapter or chapter
69.51A
RCW or the rules adopted to implement and enforce these chapters;
(m) The prohibition of any type of device used in conjunction with a cannabis vapor product and the prohibition of the use of any type of additive, solvent, ingredient, or compound in the production and processing of cannabis products, including cannabis vapor products, when the board determines, following consultation with the department of health or any other authority the board deems appropriate, that the device, additive, solvent, ingredient, or compound may pose a risk to public health or youth access; and
(n) Requirements for processors to submit under oath to the department of health a complete list of all constituent substances and the amount and sources thereof in each cannabis vapor product, including all additives, thickening agents, preservatives, compounds, and any other substance used in the production and processing of each cannabis vapor product.
(2) Rules adopted on retail outlets holding medical cannabis endorsements must be adopted in coordination and consultation with the department.
(3) The board must adopt rules to perfect and expand existing programs for compliance education for licensed cannabis businesses and their employees. The rules must include a voluntary compliance program created in consultation with licensed cannabis businesses and their employees. The voluntary compliance program must include recommendations on abating violations of this chapter and rules adopted under this chapter.
[
2022 c 16 s 63
;
2020 c 133 s 3
;
2019 c 394 s 4
;
2015 2nd sp.s. c 4 s 1601
;
2015 c 70 s 7
;
2013 c 3 s 9
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
2025 c 58; 2020 c 133:
"The legislature finds that recent reports of lung illnesses associated with vapor products demand serious attention by the state in the interest of protecting public health and preventing youth access. While state law grants the liquor and cannabis board broad authority to regulate vapor products containing cannabis, the legislature finds that risks to public health and youth access can be mitigated by clarifying that the board is granted specific authority to prohibit the use of any additive, solvent, ingredient, or compound in cannabis vapor product production and processing and to prohibit any device used in conjunction with a cannabis vapor product." [
2025 c 58 s 4008
;
2020 c 133 s 1
.]
Effective date
—
2020 c 133:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 2020]." [
2020 c 133 s 5
.]
Findings
—
2019 c 394:
See note following RCW 69.50.563
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.