_______________________________________________
ENGROSSED SUBSTITUTE HOUSE BILL 2028
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Appelwick and Paris).
Read first time February 28, 1991.
AN ACT Relating to controlled substances; amending RCW 69.50.201, 69.50.203, 69.50.204, 69.50.205, 69.50.206, 69.50.207, 69.50.208, 69.50.209, 69.50.210, 69.50.211, 69.50.212, 69.50.213, 69.50.301, 69.50.302, 69.50.303, 69.50.304, 69.50.306, 69.50.307, 69.50.308, and 69.50.403; reenacting and amending RCW 69.50.101 and 9.94A.030; adding new sections to chapter 69.50 RCW; creating new sections; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
ARTICLE I--DEFINITIONS
Sec. 1. RCW 69.50.101 and 1990 c 248 s 1, 1990 c 219 s 3, and 1990 c 196 s 8 are each reenacted and amended to read as follows:
DEFINITIONS. As used in this chapter:
(a)
"Administer" ((means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other means, to
the body of a patient or research subject by:
(1)
a practitioner, or)) unless the context
otherwise requires, 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:
(1) a practitioner (or, by the practitioner's authorized agent); or
(2) the patient or research subject at the direction and in the presence of the practitioner.
(b) "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 warehouseman, or employee of the carrier or warehouseman.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V of Article II.
(e)(1) "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) which 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, which 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.
(2) 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 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.
(f) "Deliver" or "delivery," unless the context otherwise requires, means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) substances recognized as drugs in the official United States Pharmacopoeia, National Formulary, or the official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (3) substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) substances intended for use as a component of any article specified in (1), (2), or (3) of this subsection. The term does not include devices or their components, parts, or accessories.
(m)
"Drug enforcement administration" means the ((federal)) drug
enforcement administration in the United States Department of Justice, or its
successor agency.
(((d)
"Controlled substance" means a drug, substance, or immediate
precursor in Schedules I through V of Article II.
(e)
"Counterfeit substance" means a controlled substance which, or the
container or labeling of which, without authorization, bears the trademark,
trade name, or other identifying mark, imprint, number or device, or any
likeness thereof, of a manufacturer, distributor, or dispenser other than the
person who in fact manufactured, distributed, or dispensed the substance.
(f)
"Deliver" or "delivery" means the actual, constructive, or
attempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.
(g)
"Department" means the department of health.
(h)
"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.
(i)
"Dispenser" means a practitioner who dispenses.
(j)
"Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(k)
"Distributor" means a person who distributes.
(l)
"Receipt" means to receive a controlled substance either with or
without consideration.
(m)
"Drug" means (1) substances recognized as drugs in the official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United
States, or Official National Formulary, or any supplement to any of them; (2)
substances intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other than food)
intended to affect the structure or any function of the body of man or animals;
and (4) substances intended for use as a component of any article specified in
clause (1), (2), or (3) of this subsection. It does not include devices or
their components, parts, or accessories.))
(n)
"Immediate precursor" means a substance ((which)):
(1)
that the state board of pharmacy has found to be and by rule designates as
being the principal compound commonly used, or produced primarily for
use, ((and which)) in the manufacture of a controlled substance;
(2)
that is an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance((,)); and
(3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
(o) "Isomer" means an optical isomer, but in RCW 69.50.101(r)(5), 69.50.204(a) (12) and (34), and 69.50.206(a)(4), the term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any positional isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any positional or geometric isomer.
(((o)))
(p) "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((, except that this)). The term does not include the
preparation ((or)), compounding, packaging, repackaging,
labeling, or relabeling of a controlled substance ((by an individual for
his or her own use or the preparation, compounding, packaging, or labeling of a
controlled substance)):
(1) by
a practitioner as an incident to the practitioner's administering or
dispensing of a controlled substance in the course of ((his or her)) the
practitioner's professional practice((,)); or
(2) by
a practitioner, or by ((an)) 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.
(((p)))
(q) "Marijuana" ((or "marihuana")) means all
parts of the plant ((of the genus)) Cannabis ((L.)), whether
growing or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds or resin. ((It)) The term
does not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination.
(((q)))
(r) "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:
(((1)
Opium and opiate, and any salt, compound, derivative, or preparation of opium
or opiate.
(2)
Any salt, compound, isomer, derivative, or preparation thereof which is
chemically equivalent or identical with any of the substances referred to in
clause 1, but not including the isoquinoline alkaloids of opium.
(3)
Opium poppy and poppy straw.
(4)
Coca leaves and any salt, compound, derivative, or preparation of coca leaves,
and any salt, compound, isomer, derivative, or preparation thereof which is
chemically equivalent or identical with any of these substances, but not
including decocainized coca leaves or extractions of coca leaves which do not
contain cocaine or ecgonine.))
(1) 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.
(2) 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.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
(8) Any compound, mixture, or preparation containing any quantity of any substance referred to in subparagraphs (1) through (7).
(((r)))
(s) "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. ((It)) 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). ((It does)) The term includes ((its))
the racemic and levorotatory forms of dextromethorphan.
(((s)))
(t) "Opium poppy" means the plant of the ((genus)) species
Papaver somniferum L., except its seeds((, capable of producing an
opiate)).
(((t)))
(u) "Person" means individual, corporation, ((government or
governmental subdivision or agency,)) business trust, estate, trust,
partnership ((or)), association, joint venture, government or
governmental subdivision or agency, or any other legal or commercial
entity.
(((u)))
(v) "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
(((v)))
(w) "Practitioner" means:
(1) A physician under chapter 18.71 RCW, a physician assistant under chapter 18.71A RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a chiropodist under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse under chapter 18.88 RCW, a licensed practical nurse under chapter 18.78 RCW, 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.
(2) 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.
(3) A
physician licensed to practice medicine and surgery, a physician licensed to
practice osteopathy and surgery, a dentist licensed to practice dentistry, a ((podiatrist))
podiatric physician and surgeon licensed to practice ((podiatry))
podiatric medicine and surgery, or a veterinarian licensed to practice
veterinary medicine in any state of the United States.
(((w)))
(x) "Production," unless the context otherwise
requires, includes the ((manufacture)) manufacturing,
planting, ((cultivation)) cultivating, growing, or harvesting of
a controlled substance.
(((x)
"Secretary" means the secretary of health or the secretary's
designee.
(y)
"State", when applied to a part of the United States, includes any
state, district, commonwealth, territory, insular possession thereof, and any
area subject to the legal authority of the United States of America.
(z))) (y)
"State," unless the contest 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.
(z)
"Ultimate user" means ((a person)) an individual who
lawfully possesses a controlled substance for ((his or her)) the
individual's own use or for the use of a member of ((his or her)) the
individual's household or for administering to an animal owned by ((him
or her)) the individual or by a member of ((his or her)) the
individual's household.
(((aa)
"Board" means the state board of pharmacy.))
ARTICLE II--STANDARDS AND SCHEDULES
Sec. 2. RCW 69.50.201 and 1989 1st ex.s. c 9 s 430 are each amended to read as follows:
AUTHORITY
TO CONTROL. (a) The state board of pharmacy shall enforce this
chapter and may add substances to or delete or reschedule ((all))
substances ((enumerated in the schedules)) listed in RCW
69.50.204, 69.50.206, 69.50.208, 69.50.210, or 69.50.212 pursuant to the ((rule-making))
procedures of chapter 34.05 RCW.
(1) In making a determination regarding a substance, the board shall consider the following:
(((1)))
(i) the actual or relative potential for abuse;
(((2)))
(ii) the scientific evidence of its pharmacological effect, if known;
(((3)))
(iii) the state of current scientific knowledge regarding the substance;
(((4)))
(iv) the history and current pattern of abuse;
(((5)))
(v) the scope, duration, and significance of abuse;
(((6)))
(vi) the risk to the public health;
(((7)))
(vii) the potential of the substance to produce psychic or physiological
dependence liability; and
(((8)))
(viii) whether the substance is an immediate precursor of a ((substance
already)) controlled ((under this Article)) substance.
(((b)
After considering the factors enumerated in subsection (a) the board may issue
a rule controlling the substance if it finds the substance has a potential for
abuse.
(c)
If the board designates a substance as an immediate precursor, substances which
are precursors of the controlled precursor shall not be subject to control
solely because they are precursors of the controlled precursor.
(d)
If any substance is designated, rescheduled, or deleted as a controlled
substance under federal law and notice thereof is given to the board, the
substance shall be similarly controlled under this chapter after the expiration
of thirty days from publication in the Federal Register of a final order
designating a substance as a controlled substance or rescheduling or deleting a
substance, unless within that thirty day period, the board objects to
inclusion, rescheduling, or deletion. In that case, the board shall proceed
pursuant to the rule-making procedures of chapter 34.05 RCW.
(e)
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 Title 66
RCW and Title 26 RCW.
(f)
The board shall exclude any nonnarcotic substances from a schedule if such
substances may, under the Federal Food, Drug and Cosmetic Act, and under
regulations of the drug enforcement administration, and the laws of this state
including RCW 18.64.250, be lawfully sold over the counter.))
(2) The board 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.
(((g)))
(b) On or before December 1 of each year, the board shall inform the
committees of reference of the legislature of the controlled substances added,
deleted, or changed on the schedules specified in this chapter and which
includes an explanation of these actions.
(c) After considering the factors enumerated in subsection (a) of this section, the board 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.
(d) The board, without regard to the findings required by subsection (a) 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 (c) 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 board 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.
(e) If a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the board 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 board or an interested party objects to inclusion, rescheduling, temporary scheduling, or deletion. If no objection is made, the board shall adopt and cause to be published, without the necessity of making determinations or findings as required by subsection (a) 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 rulemaking is omitted, designating, rescheduling, temporarily scheduling, or deleting the substance. If an objection is made, the board shall make a determination with respect to the designation, rescheduling, or deletion of the substance as provided by subsection (a) of this section. Upon receipt of an objection to inclusion, rescheduling, or deletion under this chapter by the board, the board shall publish notice of the receipt of the objection, and control under this chapter is stayed until the board adopts a rule as provided by subsection (a) of this section.
(f) The board, by rule and without regard to the requirements of subsection (a) 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 board 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.--- (section 14 of this act), the board 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 board shall consider whether the substance has been scheduled on a temporary basis under federal law or factors set forth in subsection (a)(1) (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) of this section. A rule may not be adopted under this subsection until the board initiates a rule-making proceeding under subsection (a) 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) of this section with respect to the substance.
(g) 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.
Sec. 3. RCW 69.50.203 and 1971 ex.s. c 308 s 69.50.203 are each amended to read as follows:
SCHEDULE
I TESTS. (a) The state board of pharmacy shall place a substance in
Schedule I ((if it finds)) upon finding that the substance:
(1)
has high potential for abuse; ((and))
(2)
has no currently accepted medical use in treatment in the United States
((or)); and
(3) lacks accepted safety for use in treatment under medical supervision.
(b) The board may place a substance in Schedule I without making the findings required by subsection (a) 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.
Sec. 4. RCW 69.50.204 and 1986 c 124 s 3 are each amended to read as follows:
SCHEDULE
I. (((a) The controlled substances listed in this section, by whatever
official name, common or usual name, chemical name, or brand name, are included
in Schedule I.
(b)
Opiates. Unless specifically excepted or unless listed in another schedule,
any)) 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)
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) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(2) Acetylmethadol;
(((2)
Alfentanil;))
(3) Allylprodine;
(4) Alphacetylmethadol;
(5) Alphameprodine;
(6) Alphamethadol;
(7)
Alpha-methylfentanyl (N-[1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl] ((propionanllide))
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)
piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(9) Benzethidine;
(((9)))
(10) Betacetylmethadol;
(((10)))
(11) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
(13) Betameprodine;
(((11)))
(14) Betamethadol;
(((12)))
(15) Betaprodine;
(((13)))
(16) Clonitazene;
(((14)))
(17) Dextromoramide;
(((15)))
(18) Diampromide;
(((16)))
(19) Diethylthiambutene;
(((17)))
(20) Difenoxin;
(((18)))
(21) Dimenoxadol;
(((19)))
(22) Dimepheptanol;
(((20)))
(23) Dimethylthiambutene;
(((21)))
(24) Dioxaphetyl butyrate;
(((22)))
(25) Dipipanone;
(((23)))
(26) Ethylmethylthiambutene;
(((24)))
(27) Etonitazene;
(((25)))
(28) Etoxeridine;
(((26)))
(29) Furethidine;
(((27)))
(30) Hydroxypethidine;
(((28)))
(31) Ketobemidone;
(((29)))
(32) Levomoramide;
(((30)))
(33) Levophenacylmorphan;
(((31)))
(34) 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
(35) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(36) Morpheridine;
(((32)))
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(((33)))
(39) Norlevorphanol;
(((34)))
(40) Normethadone;
(((35)))
(41) Norpipanone;
(((36)))
(42) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]-propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(((37)))
(45) Phenampromide;
(((38)))
(46) Phenomorphan;
(((39)))
(47) Phenoperidine;
(((40)))
(48) Piritramide;
(((41)))
(49) Propheptazine;
(((42)))
(50) Properidine;
(((43)))
(51) Propiram;
(((44)))
(52) Racemoramide;
(((45)))
(53) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);
(54) Tilidine;
(((46)))
(55) Trimeperidine.
(((c)
Opium derivatives. Unless specifically excepted or unless listed in another
schedule,)) (b) Any of the following opium derivatives, including
their salts, isomers, and salts of isomers((,)) whenever the existence
of ((these)) those salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10)
Etorphine((()), except hydrochloride salt(()));
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine;
(23) Thebacon.
(((d)
Hallucinogenic substances. Unless specifically excepted or unless listed in
another schedule,)) (c) Any material, compound, mixture, or
preparation which contains any quantity of the following hallucinogenic
substances, ((or which contains any of its)) including their
salts, isomers, and salts of isomers((,)) whenever the existence of ((such))
those salts, isomers, and salts of isomers is possible within the
specific chemical designation (((For purposes of paragraph (d) of this
section, only, the term "isomer" includes the optical, position, and
geometric isomers.):
(1)
3,4-methylenedioxy amphetamine;
(2)
5-methoxy-3,4-methylenedioxy amphetamine;
(3)
3,4,5-trimethoxy amphetamine;
(4)
4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names: 4-bromo-2,5-dimethyloxy-alpha-methylphenethylamine;
4‑bromo-2,5-DMA;
(5)
2,5-dimethoxyamphetamine: Some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA;
(6)
4-methoxyamphetamine: Some trade or other names: 4‑methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA;
(7)
4-methyl-2,5-dimethoxyamphetamine: Some trade or other names:
4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM";
"STP";
(8)
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;
(9)
Diethyltryptamine: Some trade or other names: N,N‑Diethyltryptamine;
DET;
(10)
Dimethyltryptamine: Some trade or other names: DMT;
(11)
Ibogaine: Some trade or other names: 7-Ethyl-6,6
beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9methano-5H-pyndo (1',2'1,2) azepino
(5,4-b) indole; Tabernanthe iboga;
(12)
Lysergic acid diethylamide;
(13)
Marihuana;
(14)
Mescaline;
(15)
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;
(16)
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));
(17)
N-ethyl-3-piperidyl benzilate;
(18)
N-methyl-3-piperidyl benzilate;
(19)
Psilocybin;
(20)
Psilocyn;
(21)
Tetrahydrocannabinols, synthetic equivalents of the substances contained in the
plant, or in the resinous extractives of Cannabis, specifically, and/or
synthetic substances, derivatives, and their isomers with similar chemical
structure and pharmacological activity such as the following:
(i)
Delta 1 - cis - or trans
tetrahydrocannabinol,
and their optical isomers;
(ii)
Delta 6 - cis - or trans
tetrahydrocannabinol,
and their optical isomers;
(iii)
Delta 3.4 - cis - or trans
tetrahydrocannabinol,
and its optical isomers;
(Since
nomenclature of these substances is not internationally standardized, compounds
of these structures, regardless of numerical designation of atomic positions
covered, are all included.)
(22)
Ethylamine analog of phencyclidine: Some trade or other names:
N-ethyl-1phenylcyclohexalymine, (1‑phenylcyclohexl) ethylamine;
N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
(23)
Pyrrolidine analog of phencyclidine: Some trade or other names:
1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;
(24)
Thiophene analog of phencyclidine: Some trade or other names:
1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP;
TCP.)):
(1) 4-bromo-2,5-dimethoxy-amphetamine (Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA.);
(2) 2,5-dimethoxyamphetamine (Some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(3) 4-methoxyamphetamine (Some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine, PMA.);
(4) 5-methoxy-3,4-methylenedioxy amphetamine;
(5) 4-methyl-2,5-dimethoxy-amphetamine (Some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; DOM; and STP.);
(6) 3,4-methylenedioxy amphetamine;
(7) 3,4-methylenedioxymethamphetamine (MDMA);
(8) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4(menthylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);
(9) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA);
(10) 3,4,5-trimethoxy amphetamine;
(11) Bufotenine (Some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine.);
(12) Diethyltryptamine (Some trade or other names: N,N-Diethyltryptamine; DET.);
(13) Dimethyltryptamine (Some trade or other names: DMT.);
(14) Ibogaine (Some trade and other names: 7-Ethyl-6,6B,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepine [5,4-b] indole; Tabernanthe iboga.);
(15) Lysergic acid diethylamide;
(16) Marijuana;
(17) Mescaline;
(18) Parahexyl (Some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl.);
(19) 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 the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds or extracts.);
(20) N-ethyl-3-piperidyl benzilate;
(21) N-methyl-3-piperidyl benzilate;
(22) Psilocybin;
(23) Psilocyn;
(24) Tetrahydrocannabinols (Synthetic equivalent of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cls or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cls or trans tetrahydrocannabinol, and their optical isomers; Delta 3,4 cls or trans tetrahydrocannabinol, and its optical isomers. [Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.]);
(25) Ethylamine analog of phenecyclidine (Some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE.);
(26) Pyrrolidine analog of phencyclidine (Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP.);
(27) Thiophene analog of phencyclidine (Some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP.).
(28) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (Some other names: TCPy.).
(((e)
Depressants. Unless specifically excepted or unless listed in another
schedule,)) (d) Any material, compound, mixture, or
preparation ((which contains)) containing any quantity of ((mecloqualone))
the following substances having a depressant effect on the central
nervous system, including ((its)) their salts, isomers, and salts
of isomers whenever the existence of ((such)) those salts,
isomers, and salts of isomers is possible within the specific chemical
designation((.)):
(1) Mecloqualone;
(2) Methaqualone.
(((f)
Stimulants. Unless specifically excepted or unless listed in another schedule,))
(e) Any material, compound, mixture, or preparation ((which contains))
containing any quantity of the following substances having a stimulant
effect on the central nervous system, including ((its)) their
salts, isomers, and salts of isomers:
(1) ((Fenethyline))
Fenethylline;
(2) (+/-)CIS-4-methylaminorex ((+/-)CIS-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(3) N-ethylamphetamine;
(((3)
3-methylfentanyl (N-(3-methyl-1-(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide),
its optical and geometric isomers, salts and salts of isomers;
(4)
3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric
isomers, salts and salts of isomers;
(5)
1-methyl-4-phenyl-4-propionoxy-piperidine (MPPP), its optical isomers, salts,
and salts of isomers;
(6)
1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers,
salts and salts of isomers))
(4) N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-tri-mehtylphenethylamine).
The controlled substances in this section may be rescheduled or deleted as provided for in RCW 69.50.201.
Sec. 5. RCW 69.50.205 and 1971 ex.s. c 308 s 69.50.205 are each amended to read as follows:
SCHEDULE
II TESTS. (a) The state board of pharmacy shall place a substance in
Schedule II ((if it finds)) upon finding that:
(1) the substance has high potential for abuse;
(2) the substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(3)
the abuse of the substance may lead to severe ((psychic)) psychological
or physical dependence.
(b) The state board of pharmacy may place a substance in Schedule II without making the findings required by subsection (a) 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.
Sec. 6. RCW 69.50.206 and 1986 c 124 s 4 are each amended to read as follows:
SCHEDULE
II. (((a) 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)
Substances. (Vegetable origin or chemical synthesis.) Unless specifically
excepted, any of the following substances, except those listed in other
schedules,)) 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 II:
(a) Any of the following substances 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)
Opium and ((opiate)) opium derivative, and any salt, compound,
derivative, or preparation of opium or ((opiate)) opium derivative,
excluding apomorphine, dextrorphan, nalbuphine, butorphanol, nalmefene,
naloxone, and naltrexone, ((and their respective salts,)) but including
((the following)):
(i) Raw opium;
(ii) Opium extracts;
(iii)
Opium fluid ((extracts));
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
(ix) Etorphine hydrochloride;
(x) Hydrocodone;
(xi) Hydromorphone;
(xii) Metopon;
(xiii) Morphine;
(xiv) Oxycodone;
(xv)
Oxymorphone; ((and))
(xvi) Thebaine.
(2)
Any salt, compound, ((isomer,)) derivative, or preparation thereof ((which))
that is chemically equivalent or identical with any of the substances
referred to in ((paragraph (b))) subsection (a)(1) of this section,
but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine and their salts of 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, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(5) ((Methylbenzoylecgonine
(cocaine -- its salts, optical isomers, and salts of optical isomers).
(6)))
Concentrate of poppy straw (the crude extract of poppy straw in either
liquid, solid, or powder form which contains the ((phenanthrine)) phenanthrene
alkaloids of the opium poppy((.))).
(((c)
Opiates. Unless specifically excepted or unless in another schedule,)) (b)
Any of the following synthetic opiates, including ((its)) their
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers((,))
whenever the existence of ((such)) those isomers, esters, ethers,
and salts is possible within the specific chemical designation((,
dextrorphan and levopropoxyphene excepted)):
(1) Alfentanil;
(2) Alphaprodine;
(((2)))
(3) Anileridine;
(((3)))
(4) Bezitramide;
(((4)))
(5) Bulk dextropropoxyphene (nondosage forms);
(6) Carfentanil;
(((5)))
(7) Dihydrocodeine;
(((6)))
(8) Diphenoxylate;
(((7)))
(9) Fentanyl;
(((8)))
(10) Isomethadone;
(((9)))
(11) Levomethorphan;
(((10)))
(12) Levorphanol;
(((11)))
(13) Metazocine;
(((12)))
(14) Methadone;
(((13)))
(15) Methadone‑-Intermediate, 4-cyano-2-dimethylamino-4,
4-diphenyl butane;
(((14)))
(16) Moramide‑-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid;
(((15)))
(17) Pethidine (((meperidene)) meperidine);
(((16)))
(18) Pethidine‑-Intermediate((‑))-A,
4-cyano-1-methyl-4-phenylpiperidine;
(((17)))
(19) Pethidine‑-Intermediate((‑))-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(((18)))
(20) Pethidine‑-Intermediate((‑))-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
(((19)))
(21) Phenazocine;
(((20)))
(22) Piminodine;
(((21)))
(23) Racemethorphan;
(((22)))
(24) Racemorphan;
(((23)))
(25) Sufentanil.
(((d)
Stimulants. Unless specifically excepted or unless listed in another schedule,))
(c) Any material, compound, mixture, or preparation ((which contains))
containing any quantity of the following substances, their salts,
isomers, or salts of isomers, having a stimulant effect on the central
nervous system:
(1)
Amphetamine((, its salts, optical isomers, and salts of its optical isomers));
(2)
Methamphetamine((, its salts, isomers, and salts of its isomers));
(3)
Phenmetrazine ((and its salts));
(4) Methylphenidate.
(((e)
Depressants. Unless specifically excepted or unless listed in another
schedule,)) (d) Any material, compound, mixture, or preparation ((which
contains)) containing any quantity of the following substances having
a depressant effect on the central nervous system, including ((its)) their
salts, isomers, and salts of isomers whenever the existence of ((such)) those
salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Amobarbital;
(2) Glutethimide;
(3) Pentobarbital;
(((3)))
(4) Phencyclidine;
(((4)))
(5) Secobarbital.
(e)(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a federal Food and Drug Administration approved drug product [some other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-1-o1, or (-)-Delta-9-(trans)-tetrahydrocannabinol].
(2) Nabilone [Another name for nabilone: (+/-) trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9Hdibenzo [b,d] pyran-9-one].
(((f)
Immediate precursors. Unless specifically excepted or unless listed in another
schedule,)) (f) Any material, compound, mixture, or preparation ((which
contains)) containing any quantity of the following substances:
(1)
Immediate precursor to amphetamine and methamphetamine: (((2))) phenylacetone((:))
(Some trade or other names: phenyl-2-propanone((,));
P2P((,)); benzyl methyl ketone((,)); methyl benzyl
ketone.);
(((3)))
(2) Immediate precursors to phencyclidine (((PCP))):
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
The controlled substances listed in this section may be rescheduled or deleted as provided for in RCW 69.50.201.
Sec. 7. RCW 69.50.207 and 1971 ex.s. c 308 s 69.50.207 are each amended to read as follows:
SCHEDULE
III TESTS. (a) The state board of pharmacy shall place a substance in
Schedule III ((if it finds)) upon finding that:
(1)
the substance has a potential for abuse less than the substances ((listed))
included in Schedules I and II;
(2) the substance has currently accepted medical use in treatment in the United States; and
(3) abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
(b) The state board of pharmacy may place a substance in Schedule III without making the findings required by subsection (a) 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.
Sec. 8. RCW 69.50.208 and 1986 c 124 s 5 are each amended to read as follows:
SCHEDULE
III. (((a) 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 III.
(b)
Stimulants. Unless specifically excepted or unless listed in another schedule,)) 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)
Any material, compound, mixture, or preparation ((which contains)) containing
any quantity of the following substances having a stimulant effect on the
central nervous system, including ((its)) their salts, isomers (((whether
optical, position, or geometric))), and salts of ((such)) isomers
whenever the existence of ((such)) those salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(1) ((Those
compounds, mixtures, or preparations in dosage unit form containing any
stimulant substances listed in Schedule II which compounds, mixtures, or
preparations are referred to as excepted compounds in Schedule III as published
in 21 CFR 1308.13(b)(1) as of April 1, 1985,)) 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 ((that it contains)) for containing a lesser quantity
of controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(((c)
Depressants. Unless specifically excepted or unless listed in another
schedule,)) (b) Any material, compound, mixture, or preparation ((which
contains)) containing any quantity of the following substances
having a depressant effect on the central nervous system:
(1) Any compound, mixture, or preparation containing any of the following drugs or their salts and one or more other active medicinal ingredients not included in any schedule:
(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)
Any suppository dosage form containing))
(2) Any of the following drugs, or their salts, in suppository dosage form, approved by the federal Food and Drug Administration for marketing only as a suppository:
(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)
Any substance ((which contains)) containing any quantity of a
derivative of barbituric acid, or any salt of a derivative of barbituric acid;
(4) Chlorhexadol;
(5) ((Glutethimide;
(6))) Lysergic
acid;
(((7)))
(6) Lysergic acid amide;
(((8)))
(7) Methyprylon;
(((9)))
(8) Sulfondiethylmethane;
(((10)))
(9) Sulfonethylmethane;
(((11)))
(10) Sulfonmethane;
(11) 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.).
(((d)))
(c) Nalorphine.
(((e)
Narcotic drugs. Unless specifically excepted or unless listed in another
schedule,)) (d) 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 ((paragraph (e) of this section)) this
subsection:
(1) 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) 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) Not more than 300 milligrams of dihydrocodeinone 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) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) 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) 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) 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;
(8) 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.
The state board of pharmacy may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections (a)(1) and (a)(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 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 rescheduled or deleted as provided for in RCW 69.50.201.
Sec. 9. RCW 69.50.209 and 1971 ex.s. c 308 s 69.50.209 are each amended to read as follows:
SCHEDULE
IV TESTS. (a) The state board of pharmacy shall place a substance in
Schedule IV ((if it finds)) upon finding that:
(1) the substance has a low potential for abuse relative to substances in Schedule III;
(2) the substance has currently accepted medical use in treatment in the United States; and
(3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances included in Schedule III.
(b) The state board of pharmacy may place a substance in Schedule IV without making the findings required by subsection (a) 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.
Sec. 10. RCW 69.50.210 and 1986 c 124 s 6 are each amended to read as follows:
SCHEDULE
IV. (((a) 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 IV.
(b)
Narcotic drugs. Unless specifically excepted or unless listed in another
schedule,)) 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) 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) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(2)
Dextropropoxyphene (alpha-(+)-((e))4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
(((c)
Depressants. Unless specifically excepted or unless listed in another
schedule,)) (b) Any material, compound, mixture, or preparation ((which
contains)) containing any quantity of the following substances having
a depressant effect on the central nervous system, including ((its))
their salts, isomers, and salts of isomers whenever the existence of ((such))
those salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(((1)
Alprazolam;
(2)
Barbital;
(3)
Chloral betaine;
(4)
Chloral hydrate;
(5)
Chlordiazepoxide;
(6)
Clonazepam;
(7)
Clorazepate;
(8)
Diazepam;
(9)
Ethchlorvynol;
(10)
Ethinamate;
(11)
Flurazepam;
(12)
Halazepam;
(13)
Lorazepam;
(14)
Mebutamate;
(15)
Meprobamate;
(16)
Methohexital;
(17)
Methylphenobarbital (mephobarbital);
(18)
Oxazepam;
(19)
Paraldehyde;
(20)
Petrichloral;
(21)
Phenobarbital;
(22)
Prazepam;
(23)
Temazepam;
(24)
Triazolam.
(d)
Fenfluramine.))
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Chloral betaine;
(6) Chloral hydrate;
(7) Chlordiazepoxide;
(8) Clobazam;
(9) Clonazepam;
(10) Clorazepate;
(11) Clotiazepam;
(12) Cloxazolam;
(13) Delorazepam;
(14) Diazepam;
(15) Estazolam;
(16) Ethchlorvynol;
(17) Ethinamate;
(18) Ethyl loflazepate;
(19) Fludiazepam;
(20) Flunitrazepam;
(21) Flurazepam;
(22) Halazepam;
(23) Haloxazolam;
(24) Ketazolam;
(25) Loprazolam;
(26) Lorazepam;
(27) Lormetazepam;
(28) Mebutamate;
(29) Medazepam;
(30) Meprobamate;
(31) Methohexital;
(32) Methylphenobarbital (mephobarbital);
(33) Midazolam;
(34) Nimetazepam;
(35) Nitrazepam;
(36) Nordiazepam;
(37) Oxazepam;
(38) Oxazolam;
(39) Paraldehyde;
(40) Petrichloral;
(41) Phenobarbital;
(42) Pinazepam;
(43) Prazepam;
(44) Quazepam;
(45) Temazepam;
(46) Tetrazepam;
(47) Triazolam.
(c)
Any material, compound, mixture, or preparation ((which contains)) containing
any quantity of the following substance((s)), including its salts,
isomers (((whether optical, position, or geometric))), and salts of such
isomers, whenever the existence of such salts, isomers, and salts of isomers is
possible((.
(1))):
Fenfluramine.
(((e)
Stimulants. Unless specifically excepted or unless listed in another schedule,))
(d) Any material, compound, mixture, or preparation ((which contains))
containing any quantity of the following substances having a stimulant
effect on the central nervous system, including ((its)) their
salts, isomers (((whether optical, position, or geometric))), and salts
of ((such)) isomers ((whenever the existence of such salts, isomers,
and salts of isomers is possible within the specific chemical designation)):
(1) Cathine ((+) Norpseudoephedrine);
(2) Diethylpropion;
(((2)))
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(((3)))
(6) Mefenorex;
(7) Pemoline (including organometallic complexes and chelates thereof);
(((4)))
(8) Phentermine;
(((5)))
(9) Pipradrol;
(((6)))
(10) SPA ((-)-1-dimethylamino-1, 2-dephenylethane).
(((f)
Other substances. Unless specifically excepted or unless listed in another
schedule,)) (e) Any material, compound, mixture, or preparation ((which
contains)) containing any quantity of the following substance((s)),
including its salts: (((1))) Pentazocine.
The state board of pharmacy may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (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 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 rescheduled or deleted as provided for in RCW 69.50.201.
Sec. 11. RCW 69.50.211 and 1971 ex.s. c 308 s 69.50.211 are each amended to read as follows:
SCHEDULE
V TESTS. (a) The state board of pharmacy shall place a substance in
Schedule V ((if it finds)) upon finding that:
(1)
the substance has low potential for abuse relative to the controlled substances
((listed)) included in Schedule IV;
(2) the substance has currently accepted medical use in treatment in the United States; and
(3) abuse
of the substance ((has)) may lead to limited physical
dependence or psychological dependence ((liability)) relative to the ((controlled))
substances ((listed)) included in Schedule IV.
(b) The state board of pharmacy may place a substance in Schedule V without being required to make the findings required by subsection (a) 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.
Sec. 12. RCW 69.50.212 and 1986 c 124 s 7 are each amended to read as follows:
SCHEDULE
V. (((a) 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 V.
(b)
Narcotic drugs containing nonnarcotic active medicinal ingredients.)) 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) Any material, compound, mixture, or preparation containing any of the following narcotic drug and its salts: Buprenorphine.
(b)
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 ((section)) subsection,
which ((shall include)) 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) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(6)
Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit((;
(c)
Buprenorphine)).
(c) 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) Propylhexedrine;
(2) Pyrovalerone.
The controlled substances listed in this section may be rescheduled or deleted as provided for in RCW 69.50.201.
Sec. 13. RCW 69.50.213 and 1971 ex.s. c 308 s 69.50.213 are each amended to read as follows:
REPUBLISHING
OF SCHEDULES. The state board of pharmacy shall ((at least semiannually for
two years from May 21, 1971 and thereafter annually consider the revision of
the schedules published pursuant to chapter 34.05 RCW)) publish updated
schedules annually. Failure to publish updated schedules is not a defense in
any administrative or judicial proceeding under this chapter.
NEW SECTION. Sec. 14. A new section is added to chapter 69.50 RCW to read as follows:
CONTROLLED SUBSTANCE ANALOG TREATED AS SCHEDULE I SUBSTANCE. 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 state board of pharmacy of information relevant to emergency scheduling as provided for in RCW 69.50.201(f). 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.
ARTICLE III
REGULATION OF MANUFACTURE, DISTRIBUTION, AND
DISPENSING OF CONTROLLED SUBSTANCES
Sec. 15. RCW 69.50.301 and 1991 c 229 s 9 are each amended to read as follows:
The ((state))
board ((of pharmacy)) may ((promulgate)) adopt rules and
((the secretary may set fees in accordance with RCW 43.70.250)) the
department may charge reasonable fees, relating to the registration and
control of the manufacture, distribution, and dispensing of controlled
substances within this state.
Sec. 16. RCW 69.50.302 and 1989 1st ex.s. c 9 s 432 are each amended to read as follows:
REGISTRATION
REQUIREMENTS. (a) 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, ((must)) shall obtain annually a registration issued
by the department in accordance with the board's rules.
(b) A
person((s)) registered by the department 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 ((their)) the
registration and in conformity with ((the other provisions of)) this
Article.
(c) The following persons need not register and may lawfully possess controlled substances under this chapter:
(1) an
agent or employee of any registered manufacturer, distributor, or dispenser of
any controlled substance if ((he)) the agent or employee is
acting in the usual course of ((his)) business or employment. This
exemption shall not include any agent or employee distributing sample
controlled substances to practitioners without an order;
(2) a common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(3) 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 ((substance)).
(d)
The board may waive by rule the requirement for registration of certain
manufacturers, distributors, or dispensers ((if it finds)) 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
69.50.305 for violation of any provisions of this chapter.))
(e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.
(f)
The department may inspect the establishment of a registrant or applicant for
registration in accordance with rules adopted by the ((board's rule))
board.
Sec. 17. RCW 69.50.303 and 1989 1st ex.s. c 9 s 433 are each amended to read as follows:
REGISTRATION. (a) The department shall register an applicant to manufacture or distribute controlled substances included in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and 69.50.212 unless the board determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:
(1) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research, or industrial channels;
(2) compliance with applicable state and local law;
(3) promotion of technical advances in the art of manufacturing controlled substances and the development of new substances;
(4)
any convictions of the applicant under any laws of another country or
federal ((and)) or state laws relating to any controlled
substance;
(((4)))
(5) 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;
(((5)))
(6) furnishing by the applicant of false or fraudulent material in any
application filed under this chapter;
(((6)))
(7) suspension or revocation of the applicant's federal registration to
manufacture, distribute, or dispense controlled substances as authorized by
federal law; and
(((7)))
(8) any other factors relevant to and consistent with the public health
and safety.
(b)
Registration under subsection (a) of this section does not entitle a
registrant to manufacture ((and)) or distribute controlled
substances included in Schedule I or II other than those specified in
the registration.
(c)
Practitioners must be registered((, or exempted under RCW 69.50.302(d),))
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 board need not
require separate registration under this Article for practitioners engaging in
research with nonnarcotic ((controlled)) 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 ((substances))
may conduct research with substances included in Schedule I ((substances))
within this state upon furnishing the board evidence of that federal
registration.
(d) ((Compliance
by manufacturers and distributors with the provisions of the federal law
respecting registration entitles them to be registered under this chapter upon
application and payment of the required fee)) 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 board
may require a manufacturer or distributor to submit information in addition to
the application for registration under the federal act.
Sec. 18. RCW 69.50.304 and 1989 1st ex.s. c 9 s 434 are each amended to read as follows:
REVOCATION
AND SUSPENSION OF REGISTRATION. (a) A registration((, or exemption from
registration,)) under RCW 69.50.303 to manufacture, distribute, or dispense
a controlled substance may be suspended or revoked by the state board of
pharmacy upon ((a)) finding that the registrant has:
(1) ((has))
furnished false or fraudulent material information in any application filed
under this chapter;
(2) ((has))
been ((found guilty)) convicted of a felony under any state or
federal law relating to any controlled substance;
(3) ((has))
had ((his)) the registrant's federal registration suspended or
revoked and is no longer authorized by federal law to manufacture,
distribute, or dispense controlled substances; or
(4) ((has
violated any state or federal rule or regulation regarding controlled
substances)) committed acts that would render registration under RCW
69.50.303 inconsistent with the public interest as determined under that
section.
(b)
The board 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.
(c) If
the board 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 ((therefor)),
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.
(d) The department 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 department 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 department may not dispose of any controlled substance seized or placed under seal under this subsection until the expiration of one hundred eighty days after the controlled substance was seized or placed under seal. The costs incurred by the department 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.
(e) The department shall promptly notify the drug enforcement administration of all orders restricting, suspending, or revoking registration and all forfeitures of controlled substances.
Sec. 19. RCW 69.50.306 and 1971 ex.s. c 308 s 69.50.306 are each amended to read as follows:
RECORDS
OF REGISTRANTS. Persons registered((, or exempted from registration under
RCW 69.50.302(d),)) to manufacture, distribute, or dispense((, or
administer)) controlled substances under this chapter shall keep records
and maintain inventories in conformance with the record-keeping and inventory
requirements of federal law and with any additional rules adopted by the
((state)) board ((of pharmacy issues)).
Sec. 20. RCW 69.50.307 and 1971 ex.s. c 308 s 69.50.307 are each amended to read as follows:
ORDER
FORMS. ((Controlled)) A substance((s)) included in
Schedule I ((and)) or II ((shall)) may be
distributed by a registrant ((or person exempt from registration under RCW
69.50.302(d))) to another registrant((, or person exempt from
registration under RCW 69.50.302(d),)) only pursuant to an order form.
Compliance with the provisions of federal law respecting order forms ((shall
be deemed)) constitutes compliance with this section.
Sec. 21. RCW 69.50.308 and 1971 ex.s. c 308 s 69.50.308 are each amended to read as follows:
PRESCRIPTIONS. (a) A controlled substance may be dispensed only as provided in this section.
(b)
Except when dispensed directly by a practitioner ((authorized to prescribe
or administer a controlled substance)), other than a pharmacy, to an
ultimate user, ((no controlled)) a substance included in Schedule
II may not be dispensed without the written prescription of a
practitioner.
(((b)))
(c) In emergency situations, as defined by rule of the state board of
pharmacy, a substance included in Schedule II ((drugs)) 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. ((No)) A prescription for a substance
included in Schedule II ((substance)) may not be refilled.
(((c)))
(d) Except when dispensed directly by a practitioner ((authorized to
prescribe or administer a controlled substance)), other than a pharmacy,
to an ultimate user, a ((controlled)) substance included in Schedule III
or IV, which is a prescription drug as determined under RCW 69.04.560, ((shall))
may not be dispensed without a written or oral prescription of a
practitioner. Any oral prescription must be promptly reduced to writing. The
prescription shall not be filled or refilled more than six months after the
date thereof or be refilled more than five times, unless renewed by the
practitioner.
(((d)))
(e) 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 ((he)) the
person is filling such an order, as well as the person issuing it, can be
charged with a violation of this chapter.
(((e)
A controlled substance included in Schedule V shall not be distributed or
dispensed other than for a medical purpose.))
(f) A substance included in Schedule V must be distributed or dispensed only for a medical purpose.
(g) 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.
(h) 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.
(i) An individual practitioner may not dispense a substance included in Schedule II, III, or IV for that individual practitioner's personal use.
NEW SECTION. Sec. 22. A new section is added to chapter 69.50 RCW to read as follows:
DIVERSION PREVENTION AND CONTROL. (a) As used in this section, "diversion" means the transfer of any controlled substance from a licit to an illicit channel of distribution or use.
(b) The department shall regularly prepare and make available to other state regulatory, licensing, and law enforcement agencies a report on the patterns and trends of actual distribution, diversion, and abuse of controlled substances.
(c) The department shall enter into written agreements with local, state, and federal agencies for the purpose of improving identification of sources of diversion and to improve enforcement of and compliance with this chapter and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must specify the roles and responsibilities of each agency that has information or authority to identify, prevent, and control drug diversion and drug abuse. The department shall convene periodic meetings to coordinate a state diversion prevention and control program. The department shall arrange for cooperation and exchange of information among agencies and with neighboring states and the federal government.
(d) The department shall report to the governor and to the presiding officer of each house of the legislature on the outcome of this program with respect to its effects on distribution and abuse of controlled substances, including recommendations for improving control and prevention of the diversion of controlled substances of this state.
ARTICLE IV
OFFENSES AND PENALTIES
Sec. 23. RCW 69.50.403 and 1971 ex.s. c 308 s 69.50.403 are each amended to read as follows:
PROHIBITED ACTS: C--PENALTIES. (a) It is unlawful for any person knowingly or intentionally:
(1) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by RCW 69.50.307;
(2) To
use in the course of the manufacture ((or)), distribution, or
dispensing of a controlled substance, or to use for the purpose of
acquiring or obtaining a controlled substance, a registration number which
is fictitious, revoked, suspended, or issued to another person;
(3) To obtain or attempt to obtain a controlled substance, or procure or attempt to procure the administration of a controlled substance, (i) by fraud, deceit, misrepresentation, or subterfuge; or (ii) by forgery or alteration of a prescription or any written order; or (iii) by the concealment of material fact; or (iv) by the use of a false name or the giving of a false address.
(4) To falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.
(5) To make or utter any false or forged prescription or false or forged written order.
(6) To affix any false or forged label to a package or receptacle containing controlled substances.
(7) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter; or
(8) ((To
make, distribute, or possess any punch, die, plate, stone, or other thing
designed to print, imprint, or reproduce the trademark, trade name, or other
identifying mark, imprint, or device of another or any likeness of any of the
foregoing upon any drug or container or labeling thereof so as to render the
drug a counterfeit substance.)) To possess a false or fraudulent
prescription with intent to obtain a controlled substance.
(b) Information communicated to a practitioner in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of such substance, shall not be deemed a privileged communication.
(c) ((Any))
A person who violates this section is guilty of a crime and upon
conviction may be imprisoned for not more than two years, or fined not more
than two thousand dollars, or both.
NEW SECTION. Sec. 24. A new section is added to chapter 69.50 RCW to read as follows:
COUNTERFEIT SUBSTANCES PROHIBITED--PENALTY. (a) It is unlawful for any person knowingly or intentionally to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser, other than the person who in fact manufactured, distributed, or dispensed the substance.
(b) It is unlawful for any person knowingly or intentionally to make, distribute, or possess a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof.
(c) A person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than two years, fined not more than two thousand dollars, or both.
"MISCELLANEOUS PROVISIONS"
NEW SECTION. Sec. 25. (1) RCW 69.50.309 and 69.50.310 may be recodified as necessary by the code reviser to preserve the arrangement of the uniform controlled substances act of the national conference of commissioners on uniform state laws.
(2) The code reviser shall correct all references in the Revised Code of Washington to the sections of the code that may be recodified by this section.
Sec. 26. RCW 9.94A.030 and 1991 c 348 s 4, 1991 c 290 s 3, and 1991 c 181 s 1 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(2) "Commission" means the sentencing guidelines commission.
(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.
(5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(8) "Confinement" means total or partial confinement as defined in this section.
(9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction.
(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.
(12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) "Criminal history" shall always include juvenile convictions for sex offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(6)(a); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.
(13) "Department" means the department of corrections.
(14) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(15) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(16) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(17) "Escape" means:
(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to comply with any limitations on the inmate's movements while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(18) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(19) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.
(20)(a)
"First-time offender" means any person who is convicted of a felony
(i) not classified as a violent offense or a sex offense under this chapter, or
(ii) that is not the manufacture, delivery, or possession with intent to
manufacture or deliver a controlled substance classified in schedule I or II
that is a narcotic drug or the selling for profit (([of])) any
controlled substance or counterfeit substance classified in schedule I, RCW
69.50.204, except leaves and flowering tops of marihuana, and except as
provided in (b) of this subsection, who previously has never been convicted of
a felony in this state, federal court, or another state, and who has never
participated in a program of deferred prosecution for a felony offense.
(b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses.
(21) "Nonviolent offense" means an offense which is not a violent offense.
(22) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(23) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.
(24) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(25) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.
(26) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(27) "Serious violent offense" is a subcategory of violent offense and means:
(a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(28) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(29) "Sex offense" means:
(a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) A felony with a finding of sexual motivation under RCW 9.94A.127; or
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(30) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(31) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(32) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(33) "Violent offense" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(34) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall be performed on public property or on private property owned or operated by nonprofit entities, except that, for emergency purposes only, work crews may perform snow removal on any private property. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (29) of this section are not eligible for the work crew program.
(35) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.
(36) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance. Home detention may not be imposed for offenders convicted of a violent offense, any sex offense, any drug offense, reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as defined in RCW 9A.36.031, unlawful imprisonment as defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home detention may be imposed for offenders convicted of possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403) if the offender fulfills the participation conditions set forth in this subsection and is monitored for drug use by treatment alternatives to street crime (TASC) or a comparable court or agency-referred program.
(a) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender: (i) Successfully completing twenty-one days in a work release program, (ii) having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary, (iii) having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense, (iv) having no prior charges of escape, and (v) fulfilling the other conditions of the home detention program.
(b) Participation in a home detention program shall be conditioned upon: (i) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (ii) abiding by the rules of the home detention program, and (iii) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.
NEW SECTION. Sec. 27. Section captions and headings as used in this act constitute no part of the law.