_______________________________________________

 

                                           ENGROSSED HOUSE BILL NO. 1463

                        _______________________________________________

 

                                                                            C 124 L 86

 

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representatives Leonard, Appelwick, Cole, Scott, Crane, Lux, Day, Dellwo, Rayburn, Winsley and P. King; by request of Board of Pharmacy

 

 

Read first time 1/15/86 and referred to Committee on Social & Health Services.

 

 


AN ACT Relating to controlled substances; amending RCW 69.50.101, 69.50.201, 69.50.204, 69.50.206, 69.50.208, 69.50.210, 69.50.212, 69.50.304, and 69.50.505; and creating a new section.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 69.50.101, chapter 308, Laws of  1971 ex. sess. as last amended by section 18, chapter 153, Laws of 1984 and RCW 69.50.101 are each amended to read as follows:

          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

          (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) (("Bureau" means the Bureau of Narcotics and Dangerous Drugs,)) "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) "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.

          (h) "Dispenser" means a practitioner who dispenses.

          (i) "Distribute" means to deliver other than by administering or dispensing a controlled substance.

          (j) "Distributor" means a person who distributes.

          (k) "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.

          (l) "Immediate precursor" means a substance which 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 is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.

          (m) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly 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 term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:

          (1) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice, or

          (2) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

          (n) "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 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.

          (o) "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.

          (p) "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 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 include its racemic and levorotatory forms.

          (q) "Opium poppy" means the plant of the genus Papaver L., except its seeds, capable of producing an opiate.

          (r) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

          (s) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

          (t) "Practitioner" means:

          (1) A physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a 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 or a physician licensed to practice osteopathy and surgery in any state which shares a common border with the state of Washington.

          (u) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

          (v) "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.

          (w) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household.

          (x) "Board" means the state board of pharmacy.

          (y) "Executive officer" means the executive officer of the state board of pharmacy.

 

        Sec. 2.   Section 69.50.201, chapter 308, Laws of 1971 ex. sess. and RCW 69.50.201 are each amended to read as follows:

          (a) The state board of pharmacy shall administer this chapter and may add substances to or delete or reschedule all substances enumerated in the schedules 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 34.04 RCW.  In making a determination regarding a substance, the board shall consider the following:

          (1) the actual or relative potential for abuse;

          (2) the scientific evidence of its pharmacological effect, if known;

          (3) the state of current scientific knowledge regarding the substance;

          (4) the history and current pattern of abuse;

          (5) the scope, duration, and significance of abuse;

          (6) the risk to the public health;

          (7) the potential of the substance to produce psychic or physiological dependence liability; and

          (8) whether the substance is an immediate precursor of a substance already controlled under this Article.

          (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 34.04 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 ((bureau)) drug enforcement administration, and the laws of this state including RCW 18.64.250, be lawfully sold over the counter.

          (g) 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.

 

        Sec. 3.  Section 69.50.204, chapter 308, Laws of 1971 ex. sess. as amended by section 1, chapter 138, Laws of 1980 and RCW 69.50.204 are each amended to read as follows:

          (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 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) Acetylmethadol;

          (2) Alfentanil;

          (3) Allylprodine;

          (((3))) (4) Alphacetylmethadol;

          (((4))) (5) Alphameprodine;

          (((5))) (6) Alphamethadol;

          (((6))) (7) Alpha-methyl!shfent!shanyl (N-[1-alpha-methyl-beta-phenyl) ethyl-4-pi!shperi!shdyl] pro!shpion!shanl!shlide; 1-(1-methyl-2-phenyl!shethyl)-4-(N-pro!shpani!shlido) pi!shperi!shdine);

          (8) Benzethidine;

          (((7))) (9) Betacetylmethadol;

          (((8))) (10) Betameprodine;

          (((9))) (11) Betamethadol;

          (((10))) (12) Betaprodine;

          (((11))) (13) Clonitazene;

          (((12))) (14) Dextromoramide;

          (((13))) (15) Diampromide;

          (((14))) (16) Diethylthiambutene;

          (((15))) (17) Difenoxin;

          (((16))) (18) Dimenoxadol;

          (((17))) (19) Dimepheptanol;

          (((18))) (20) Dimethylthiambutene;

          (((19))) (21) Dioxaphetyl butyrate;

          (((20))) (22) Dipipanone;

          (((21))) (23) Ethylmethylthiambutene;

          (((22))) (24) Etonitazene;

          (((23))) (25) Etoxeridine;

          (((24))) (26) Furethidine;

          (((25))) (27) Hydroxypethidine;

          (((26))) (28) Ketobemidone;

          (((27))) (29) Levomoramide;

          (((28))) (30) Levophenacylmorphan;

          (((29))) (31) Morpheridine;

          (((30))) (32) Noracymethadol;

          (((31))) (33) Norlevorphanol;

          (((32))) (34) Normethadone;

          (((33))) (35) Norpipanone;

          (((34))) (36) Phenadoxone;

          (((35))) (37) Phenampromide;

          (((36))) (38) Phenomorphan;

          (((37))) (39) Phenoperidine;

          (((38))) (40) Piritramide;

          (((39))) (41) Propheptazine;

          (((40))) (42) Properidine;

          (((41))) (43) Propiram;

          (((42))) (44) Racemoramide;

          (((43))) (45) Tilidine;

          (46) Trimeperidine.

          (c) Opium derivatives.  Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of isomers, whenever the existence of these 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) ((Phoclodine)) Pholcodine;

          (23) Thebacon.

          (d) 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, or which contains any of ((their)) its salts, isomers, and salts of isomers, whenever the existence of ((these)) such 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;

          (5) 2,5-dimethoxyamphetamine;

          (6) 4-methoxyamphetamine;

          (7) 4-methyl-2,5-dimethoxyamphetamine;

          (8) Bufotenine;

          (9) Diethyltryptamine;

          (10) Dimethyltryptamine;

           (11) Ibogaine;)) 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; par!sha!shmeth!shoxy!sham!shphe!shta!shmine; 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-di!shmeth!shy!shlam!shin!sho!she!shthyl)-5-indolol; N, N-di!shmeth!shyl!shse!shro!shto!shnin; 5-hydroxy-N,N-dimethyltryptamine; map!shpine;

          (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-6,9!shmeth!sha!shno-5H-pyndo (1',2'1,2) azepino (5,4-b) indole; Ta!shber!shnan!shthe 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));

(((16))) (17) N-ethyl-3-piperidyl benzilate;

(((17))) (18) N-methyl-3-piperidyl benzilate;

(((18))) (19) Psilocybin;

(((19))) (20) Psilocyn;

(((20))) (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

!ixtetrahydrocannabinol, and their optical isomers;

          (ii) Delta 6 -  cis - or trans

!ixtetrahydrocannabinol, and their optical isomers;

          (iii) Delta 3.4 - cis - or trans

!ixtetrahydrocannabinol, and its optical isomers;

!ix(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are all included.)

          (((21) Ethylamine analog of phencyclidine;

          (22) Pyrrolidine analog of phencyclidine;

(23) Thiopene analog of phencyclidine.))

          (22) Ethylamine analog of phencyclidine:  Some trade or other names:  N-ethyl-1phenylcyclohexalymine, (1-phe!shnyl!shcy!shclo!shhexl) ethylamine; N-(1-phe!shnyl!shcy!shclo!shhex!shyl)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.

          (e) Depressants.  Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of mecloqualone 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) Mecloqualone;

          (2) Methaqualone.

          (f) 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) Fenethyline;

          (2) 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.

 

        Sec. 4.  Section 69.50.206, chapter 308, Laws of 1971 ex. sess. as amended by section 2, chapter 138, Laws of 1980 and RCW 69.50.206 are each amended to read as follows:

          (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, 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, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, 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 is chemically equivalent or identical with any of the substances referred to in paragraph (b)(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, 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 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 alkaloids of the opium poppy.)

          (c) Opiates.  Unless specifically excepted or unless in another schedule, any of the following opiates, including ((their)) its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of ((these)) such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:

          (1) Alphaprodine;

          (2) Anileridine;

          (3) Bezitramide;

          (4) Bulk dextropropoxyphene (nondosage forms);

          (5) Dihydrocodeine;

          (((5))) (6) Diphenoxylate;

          (((6))) (7) Fentanyl;

          (((7))) (8) Isomethadone;

          (((8))) (9) Levomethorphan;

          (((9))) (10) Levorphanol;

          (((10))) (11) Metazocine;

          (((11))) (12) Methadone;

          (((12))) (13) Methadone‑-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

          (((13))) (14) Moramide‑-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;

          (((14))) (15) Pethidine (meperidene);

          (((15))) (16) Pethidine‑-Intermediate‑-A, 4-cyano-1-methyl-4-phenylpiperidine;

          (((16))) (17) Pethidine‑-Intermediate‑-B, ethyl-4-phenylpiperidine-4-carboxylate;

          (((17))) (18) Pethidine‑-Intermediate‑-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

          (((18))) (19) Phenazocine;

          (((19))) (20) Piminodine;

          (((20))) (21) Racemethorphan;

          (((21))) (22) Racemorphan;

          (23) Sufentanil.

          (d) Stimulants.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

          (1) 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, 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) Amobarbital;

          (2) ((Methaqualone;

          (3))) Pentobarbital;

          (((4))) (3) Phencyclidine;

          (((5) Phencyclidine immediate precursors;

          (i) 1-phenylcyclohexylamine;

          (ii) 1-piperidinocyclohexanecarbonitrile (PCC);

          (6))) (4) Secobarbital.            (f) Immediate precursors.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:

          (1) Immediate precursor to amphetamine and methamphetamine:

          (2) Phenylacetone:  Some trade or other names phenyl-2-propanone, P2P, benzyl methyl ketone, methyl benzyl ketone.

          (3) Immediate precursors to phencyclidine (PCP):

          (i) 1-phenylcyclohexylamine;

          (ii) 1-piperidinocyclohexanecarbonitrile (PCC).

 

        Sec. 5.  Section 69.50.208, chapter 308, Laws of 1971 ex. sess. as amended by section 3, chapter 138, Laws of 1980 and RCW 69.50.208 are each amended to read as follows:

          (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, 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 (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) 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, ((1979)) 1985, and any other drug of the quantitive composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances;

          (2) Benzphetamine;

          (3) Chlorphentermine;

          (4) Clortermine;

          (5) ((Mazindol;

          (6))) Phendimetrazine.

          (c) Depressants.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

          (1) Any compound, mixture, or preparation containing:

          (i) Amobarbital;

          (ii) Secobarbital;

          (iii) Pentobarbital;

!ixor any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule;

          (2) Any suppository dosage form containing:

          (i) Amobarbital;

          (ii) Secobarbital;

          (iii) Pentobarbital;

!ixor 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 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) Lysergic acid amide;

          (8) Methyprylon;

           (9) Sulfondiethylmethane;

          (10) Sulfonethylmethane;

          (11) Sulfonmethane.

          (d) Nalorphine.

          (e) Narcotic drugs.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in paragraph (e) of this section:

          (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.

 

        Sec. 6.  Section 69.50.210, chapter 308, Laws of 1971 ex. sess. as last amended by section 2, chapter 147, Laws of 1981 and RCW 69.50.210 are each amended to read as follows:

          (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, any material, compound, mixture, or preparation ((which contains any difenoxin, or its salts calculated as the free anhydrous base or alkaloid, in limited quantities as follows:  Not more than 1 milligram and not less than 25 micrograms of atropine sulfate per dosage unit)) 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-dimethylamino-1,2-diphenyl-3-methyl- 2 propionoxybutane).

          (c) Depressants.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, 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) Alprazolam;

          (2) Barbital;

          (((2))) (3) Chloral betaine;

          (((3))) (4) Chloral hydrate;

          (((4))) (5) Chlordiazepoxide;

          (((5))) (6) Clonazepam;

          (((6))) (7) Clorazepate;

          (((7))) (8) Diazepam;

          (((8))) (9) Ethchlorvynol;

          (((9))) (10) Ethinamate;

          (((10))) (11) Flurazepam;

          (((11) Lorazepan)) (12) Halazepam;

          (13) Lorazepam;

          (((12))) (14) Mebutamate;

          (((13))) (15) Meprobamate;

          (((14))) (16) Methohexital;

          (((15))) (17) Methylphenobarbital (mephobarbital);

          (((16))) (18) Oxazepam;

          (((17))) (19) Paraldehyde;

          (((18))) (20) Petrichloral;

          (((19))) (21) Phenobarbital;

          (((20))) (22) Prazepam;

          (23) Temazepam;

          (24) Triazolam.

         

          (d) Fenfluramine.  Any material, compound, mixture, or preparation which contains any quantity of ((fenfluramine)) the following substances, 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, 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 (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) Diethylpropion;

          (2) ((Phentermine)) Mazindol;

          (3) Pemoline (including organometallic complexes and chelates thereof);

          (4) Phentermine;

          (5) Pipradrol;

          (6) SPA ((-)-1-dimethylamino-1, 2-dephenylethane.

          (f) Other substances.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts:

          (1) ((Dextropropoxphene (alpha - (+) - 4 - dimethylamino-1, 2-diphenyl - 3 - methyl - 2 - propionoxybutane);

          (2))) Pentazocine.

 

        Sec. 7.  Section 69.50.212, chapter 308, Laws of 1971 ex. sess. as amended by section 5, chapter 138, Laws of 1980 and RCW 69.50.212 are each amended to read as follows:

          (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.  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, which shall include 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) ((Loperamide)) Buprenorphine.

 

        Sec. 8.  Section 69.50.304, chapter 308, Laws of 1971 ex. sess. and RCW 69.50.304 are each amended to read as follows:

          (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:

          (1) has furnished false or fraudulent material information in any application filed under this chapter;

          (2) has been found guilty of a felony under any state or federal law relating to any controlled substance; ((or))

          (3) has had his federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances; or

          (4) has violated any state or federal rule or regulation regarding controlled substances.

          (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 board shall promptly notify the ((Bureau)) drug enforcement administration of all orders suspending or revoking registration and all forfeitures of controlled substances.

 

        Sec. 9.  Section 15, chapter 2, Laws of 1983 as amended by section 333, chapter 258, Laws of 1984 and RCW 69.50.505 are each amended to read as follows:

          (a)  The following are subject to seizure and forfeiture:

          (1)  All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this chapter;

          (2)  All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter;

          (3)  All property which is used, or intended for use, as a container for property described in paragraphs (1) or (2);

          (4)  All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, ((to transport, or)) in any manner to facilitate the ((transportation, for the purpose of)) sale ((or receipt)) of property described in paragraphs (1) or (2), but:

          (i)  No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;

          (ii)  No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;

          (iii)  ((A conveyance is not subject to forfeiture for a violation of RCW 69.50.401(d);

          (iv)))  A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and

          (((v))) (iv)  When the owner of a conveyance has been arrested under this chapter the conveyance may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest;

          (5)  All books, records, and research products and materials, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter;

          (6)  All drug paraphernalia; and

          (7)  All moneys, negotiable instruments, securities, or other intangible property of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of this chapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter:  PROVIDED, That no property may be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission which that owner establishes was committed or omitted without the owner's knowledge or consent.

          (b)  Property subject to forfeiture under this chapter may be seized by any board inspector or law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property.  Seizure without process may be made if:

          (1)  The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;

          (2)  The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;

          (3)  A board inspector or law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

          (4)  The board inspector or law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter.

          (c)  In the event of seizure pursuant to subsection (b), proceedings for forfeiture shall be deemed commenced by the seizure.  The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, of the seizure and intended forfeiture of the seized property.  The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested.  Service by mail shall be deemed complete upon mailing within the fifteen day period following the seizure.

          (d)  If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (a)(4) or (a)(7) of this section within forty-five days of the seizure, the item seized shall be deemed forfeited.

          (e)  If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (a)(4) or (a)(7) of this section within forty-five days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right.  The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the article or articles involved is more than five hundred dollars.  A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW.  In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees.  The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of items specified in subsection (a)(4) or (a)(7) of this section.  The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof of items specified in subsection (a)(4) or (a)(7) of this section.

          (f)  When property is forfeited under this chapter the board or seizing law enforcement agency may:

          (1)  Retain it for official use or upon application by any law enforcement agency of this state release such property to such agency for the exclusive use of enforcing the provisions of this chapter;

          (2)  Sell that which is not required to be destroyed by law and which is not harmful to the public.  The proceeds and all moneys forfeited under this title shall be used for payment of all proper expenses of the investigation leading to the seizure, including any money delivered to the subject of the investigation by the law enforcement agency, and of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, actual costs of the prosecuting or city attorney, and court costs.  Fifty percent of the money remaining after payment of such expenses shall be deposited in the general fund of the state, county, and/or city of the seizing law enforcement agency, and fifty percent shall be remitted to the state treasurer for deposit in the public safety and education account established in RCW 43.08.250;

          (3)  Request the appropriate sheriff or director of public safety to take custody of the property and remove it for disposition in accordance with law; or

          (4)  Forward it to the ((Bureau)) drug enforcement administration for disposition.

          (g)  Controlled substances listed in Schedule I, II, III, IV, and V that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the state.  Controlled substances listed in Schedule I, II, III, IV, and V, which are seized or come into the possession of the board, the owners of which are unknown, are contraband and shall be summarily forfeited to the board.

          (h)  Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the board.

          (i)  The failure, upon demand by a board inspector or law enforcement officer, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration or proof that he is the holder thereof constitutes authority for the seizure and forfeiture of the plants.

 

          NEW SECTION.  Sec. 10.    The parent or legal guardian of any minor to whom a controlled substance, as defined in RCW 69.50.101, is sold or transferred, shall have a cause of action against the person who sold or transferred the controlled substance for all damages to the minor or his or her parent or legal guardian caused by such sale or transfer.  Damages shall include:  (a) Actual damages, including the cost for treatment or rehabilitation of the minor child's drug dependency, (b) forfeiture to the parent or legal guardian of the cash value of any proceeds received from such sale or transfer of a controlled substance, and (c) reasonable attorney fees.

          This section shall not apply to a practitioner, as defined in RCW 69.50.101(t), who sells or transfers a controlled substance to a minor pursuant to a valid prescription or order.                                                                      Passed the House March 9, 1986.


Speaker of the House.

Passed the Senate March 3, 1986.

President of the Senate.