BILL REQ. #: H-0769.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/18/11. Referred to Committee on Public Safety & Emergency Preparedness.
AN ACT Relating to regulating synthetic cannabinoids; amending RCW 9.94A.518, 69.50.101, and 69.50.204; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.518 and 2003 c 53 s 57 are each amended to read
as follows:
| TABLE 4 | ||
| DRUG OFFENSES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
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| II | ||
| I | ||
Sec. 2 RCW 69.50.101 and 2010 c 177 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, definitions of terms
shall be as indicated where used in this chapter:
(a) "Administer" means to apply a controlled substance, whether by
injection, inhalation, ingestion, or any other means, directly to the
body of a patient or research subject by:
(1) a practitioner authorized to prescribe (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 warehouseperson, or
employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or immediate
precursor included in Schedules I through V as set forth in federal or
state laws, or federal or board rules.
(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) that has a stimulant, depressant, or hallucinogenic effect on
the central nervous system substantially similar to the stimulant,
depressant, or hallucinogenic effect on the central nervous system of
a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual
represents or intends to have a stimulant, depressant, or
hallucinogenic effect on the central nervous system substantially
similar to the stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance included in Schedule
I or II.
(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," 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 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) "Drug" means (1) a controlled substance recognized as a drug in
the official United States pharmacopoeia/national formulary or the
official homeopathic pharmacopoeia of the United States, or any
supplement to them; (2) controlled substances intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in
individuals or animals; (3) controlled substances (other than food)
intended to affect the structure or any function of the body of
individuals or animals; and (4) controlled 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 drug enforcement
administration in the United States Department of Justice, or its
successor agency.
(n) "Immediate precursor" means a substance:
(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, 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(b)(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.
(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. The term does not include the preparation, compounding,
packaging, repackaging, labeling, or relabeling 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
the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized agent
under the practitioner's supervision, for the purpose of, or as an
incident to, research, teaching, or chemical analysis and not for sale.
(q) "Marijuana" or "marihuana" means all parts of the plant
Cannabis, 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. 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.
(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, 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).
(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. The term includes opium, substances derived from opium
(opium derivatives), and synthetic opiates. The term does not include,
unless specifically designated as controlled under RCW 69.50.201, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). The term includes the racemic and levorotatory
forms of dextromethorphan.
(t) "Opium poppy" means the plant of the species Papaver somniferum
L., except its seeds.
(u) "Person" means individual, corporation, business trust, estate,
trust, partnership, association, joint venture, government,
governmental subdivision or agency, or any other legal or commercial
entity.
(v) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(w) "Practitioner" means:
(1) A physician under chapter 18.71 RCW; a physician assistant
under chapter 18.71A RCW; an osteopathic physician and surgeon under
chapter 18.57 RCW; an osteopathic physician assistant under chapter
18.57A RCW who is licensed under RCW 18.57A.020 subject to any
limitations in RCW 18.57A.040; an optometrist licensed under chapter
18.53 RCW who is certified by the optometry board under RCW 18.53.010
subject to any limitations in RCW 18.53.010; a dentist under chapter
18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW;
a veterinarian under chapter 18.92 RCW; a registered nurse, advanced
registered nurse practitioner, or licensed practical nurse under
chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW
who is licensed under RCW 18.36A.030 subject to any limitations in RCW
18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific
investigator under this chapter, licensed, registered or otherwise
permitted insofar as is consistent with those licensing laws to
distribute, dispense, conduct research with respect to or administer a
controlled substance in the course of their professional practice or
research in this state.
(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 osteopathic medicine and surgery, a
dentist licensed to practice dentistry, a podiatric physician and
surgeon licensed to practice podiatric medicine and surgery, or a
veterinarian licensed to practice veterinary medicine in any state of
the United States.
(x) "Prescription" means an order for controlled substances issued
by a practitioner duly authorized by law or rule in the state of
Washington to prescribe controlled substances within the scope of his
or her professional practice for a legitimate medical purpose.
(y) "Production" includes the manufacturing, planting, cultivating,
growing, or harvesting of a controlled substance.
(z) "Secretary" means the secretary of health or the secretary's
designee.
(aa) "State," unless the context otherwise requires, means a state
of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, or a territory or insular possession subject to the
jurisdiction of the United States.
(bb) "Synthetic cannabinoids" means synthetic cannabis,
tetrahydrocannabinols or resinous extractives of cannabis, synthetic
substances, derivatives, and their isomers with similar chemical
structure and pharmacological activity as listed in RCW 69.50.204.
(cc) "Ultimate user" means an individual who lawfully possesses a
controlled substance for the individual's own use or for the use of a
member of the individual's household or for administering to an animal
owned by the individual or by a member of the individual's household.
(((cc))) (dd) "Electronic communication of prescription
information" means the communication of prescription information by
computer, or the transmission of an exact visual image of a
prescription by facsimile, or other electronic means for original
prescription information or prescription refill information for a
Schedule III-V controlled substance between an authorized practitioner
and a pharmacy or the transfer of prescription information for a
controlled substance from one pharmacy to another pharmacy.
Sec. 3 RCW 69.50.204 and 2010 c 177 s 2 are each amended to read
as follows:
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;
(3) Allylprodine;
(4) Alphacetylmethadol, except levo-alphacetylmethadol, also known
as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] 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;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl, some trade or other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide);
(35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanaminde);
(54) Tilidine;
(55) Trimeperidine.
(b) Opium derivatives. Unless specifically excepted or unless
listed in another schedule, any of the following opium derivatives,
including their salts, isomers, and salts of isomers whenever the
existence of those salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) 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.
(c) Hallucinogenic substances. Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following hallucinogenic
substances, including their salts, isomers, and salts of isomers
whenever the existence of those salts, isomers, and salts of isomers is
possible within the specific chemical designation. For the purposes of
this subsection only, the term "isomer" includes the optical, position,
and geometric isomers:
(1) Alpha-ethyltryptamine: Some trade or other names:
Etryptamine; monase; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl)
indole; a-ET; and AET;
(2) 4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names:
4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;
(3) 4-bromo-2,5-dimethoxyphenethylamine: Some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl
DOB; 2C-B, nexus;
(4) 2,5-dimethoxyamphetamine: Some trade or other names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA;
(5) 2,5-dimethoxy-4-ethylamphetamine (DOET);
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine: Other name:
2C-T-7;
(7) 4-methoxyamphetamine: Some trade or other names: 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine, PMA;
(8) 5-methoxy-3,4-methylenedioxy-amphetamine;
(9) 4-methyl-2,5-dimethoxy-amphetamine: Some trade and other
names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and
"STP";
(10) 3,4-methylenedioxy amphetamine;
(11) 3,4-methylenedioxymethamphetamine (MDMA);
(12) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
(13) N-hydroxy-3,4-methylenedioxyamphetamine also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine,N-hydroxy MDA;
(14) 3,4,5-trimethoxy amphetamine;
(15) Alpha-methyltryptamine: Other name: AMT;
(16) Bufotenine: Some trade or other names: 3-(beta-Dimethylaminoethyl)-5-hydroxindole; 3-(2-dimethylaminoethyl)-5-indolol;
N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(17) Diethyltryptamine: Some trade or other names: N,N-Diethyltryptamine; DET;
(18) Dimethyltryptamine: Some trade or other names: DMT;
(19) 5-methoxy-N,N-diisopropyltryptamine: Other name: 5-MeO-DIPT;
(20) Ibogaine: Some trade or other names: 7-Ethyl-6,6
beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5H-pyndo (1',2'
1,2) azepino (5,4-b) indole; Tabernanthe iboga;
(21) Lysergic acid diethylamide;
(22) Marihuana or marijuana;
(23) Mescaline;
(24) Parahexyl-7374: Some trade or other names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo[b,d]pyran;
synhexyl;
(25) Peyote, meaning all parts of the plant presently classified
botanically as Lophophora Williamsii Lemaire, whether growing or not,
the seeds thereof, any extract from any part of such plant, and every
compound, manufacture, salts, derivative, mixture, or preparation of
such plant, its seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c),
Schedule I (c)(12));
(26) N-ethyl-3-piperidyl benzilate;
(27) N-methyl-3-piperidyl benzilate;
(28) Psilocybin;
(29) Psilocyn;
(30) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally
contained in a plant of the genus Cannabis (cannabis plant), as well as
synthetic equivalents of the substances contained in the plant, or in
the resinous extractives of Cannabis, species, and/
(i) 1 - cis - or trans tetrahydrocannabinol, and their optical
isomers, excluding tetrahydrocannabinol in sesame oil and encapsulated
in a soft gelatin capsule in a drug product approved by the United
States Food and Drug Administration;
(ii) 6 - cis - or trans tetrahydrocannabinol, and their optical
isomers;
(iii) 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.)
(31) Ethylamine analog of phencyclidine: Some trade or other
names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine;
N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
(32) Pyrrolidine analog of phencyclidine: Some trade or other
names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;
(33) Thiophene analog of phencyclidine: Some trade or other names:
1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of
phencyclidine; TPCP; TCP;
(34) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name
is TCPy.
(35) Synthetic cannabinoids, also known as synthetic marijuana, K2,
spice, or genie, that contain any material, compound, mixture, or
preparation which contains any quantity of the following substances,
their salts, isomers (whether optical, positional, or geometric),
homologues, and salts of isomers and homologues, unless specifically
excepted, whenever the existence of these salts, isomers, homologues,
and salts of isomers and homologues is possible within the specific
chemical designation:
(i) 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole (JWH-200);
(ii) 1-Butyl-3-(1-naphthoyl) indole (JWH-073);
(iii) 1-hexyl-3-(1-naphthoyl) indole (JWH-019);
(iv) 1-pentyl-3-(1-naphthoyl) indole (JWH-018);
(v) 1-pentyl-3-(2-methoxyphenylacetyl) indole (JWH-250);
(vi) 1-pentyl-3-(4-chloro-1-naphthoyl) indole (JWH-398);
(vii) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol)
(CP 47, 497 and homologues);
(viii) 2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone
(JWH-015);
(ix) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3- (2-
methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol)
(HU-210);
(x) Dexanabinol (HU-211);
(xi) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-
(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
(HU-211).
(d) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a depressant
effect on the central nervous system, including its salts, isomers, and
salts of isomers whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical designation.
(1) Gamma-hydroxybutyric acid: Some other names include GHB;
gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid;
sodium oxybate; sodium oxybutyrate;
(2) Mecloqualone;
(3) Methaqualone.
(e) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers, and
salts of isomers:
(1) Aminorex: Some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4, 5-dihydro-5-phenly-2-oxazolamine;
(2) N-Benzylpiperazine: Some other names: BZP,1-benzylpiperazine;
(3) Cathinone, also known as 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone;
(4) Fenethylline;
(5) Methcathinone: Some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone;
monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts
of optical isomers;
(6) (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(7) N-ethylamphetamine;
(8) N,N-dimethylamphetamine: Some trade or other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenoethylene.
The controlled substances in this section may be added,
rescheduled, or deleted as provided for in RCW 69.50.201.