H-4689.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2587
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By House Committee on Health Care (originally sponsored by Representatives Braddock, Moyer, Prentice, Franklin, Edmondson, Paris, Morris, Sprenkle, Ballard, Casada, Mitchell, Chandler, J. Kohl, Winsley and Cantwell)
Read first time 02/07/92.
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, and 69.50.213; and adding a new section to chapter 69.50 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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 13 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. 2. 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. 3. 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) Benzethidine;
(9) Betacetylmethadol;
(10) Betameprodine;
(11) Betamethadol;
(12) Betaprodine;
(13) Clonitazene;
(14) Dextromoramide;
(15) Diampromide;
(16) Diethylthiambutene;
(17) Difenoxin;
(18) Dimenoxadol;
(19) Dimepheptanol;
(20) Dimethylthiambutene;
(21) Dioxaphetyl butyrate;
(22) Dipipanone;
(23) Ethylmethylthiambutene;
(24) Etonitazene;
(25) Etoxeridine;
(26) Furethidine;
(27) Hydroxypethidine;
(28) Ketobemidone;
(29) Levomoramide;
(30) Levophenacylmorphan;
(31) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide);
(32) Morpheridine;
(((32)))
(33) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(34) Noracymethadol;
(((33)))
(35) Norlevorphanol;
(((34)))
(36) Normethadone;
(((35)))
(37) Norpipanone;
(((36)))
(38) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(39) Phenadoxone;
(((37)))
(40) Phenampromide;
(((38)))
(41) Phenomorphan;
(((39)))
(42) Phenoperidine;
(((40)))
(43) Piritramide;
(((41)
Propheptazine)) (44) Proheptazine;
(((42)))
(45) Properidine;
(((43)))
(46) Propiram;
(((44)))
(47) Racemoramide;
(((45)))
(48) Tilidine;
(((46)))
(49) Trimeperidine.
(((c)))
(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 ((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)))
(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, ((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)).
(((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)) (1) 4‑bromo‑2,5‑dimethoxy‑amphetamine:
Some trade or other
names: 4‑bromo‑2,5‑dimethoxy‑a‑methylphenethylamine; 4‑bromo‑2,5‑DMA;
(2) 2,5‑dimethoxyamphetamine: Some trade or other names: 2,5‑
dimethoxy‑a‑methylphenethylamine; 2,5‑DMA;
(3) 4‑methoxyamphetamine: Some trade or other names: 4‑methoxy‑
a‑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‑a‑methylphenethylamine; "DOM"; and
"STP";
(6) 3,4‑methylenedioxy amphetamine;
(7) 3,4‑methylenedioxymethamphetamine (MDMA);
(8) 3,4,5‑trimethoxy amphetamine;
(9) 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;
(10) Diethyltryptamine: Some trade or other names: N,N‑
Diethyltryptamine; DET;
(11) Dimethyltryptamine: Some trade or other names: DMT;
(12) 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;
(13) Lysergic acid diethylamide;
(14) Marihuana;
(15) Mescaline;
(16) 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;
(17) 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))
(18) N‑ethyl‑3‑piperidyl benzilate;
(19) N‑methyl‑3‑piperidyl benzilate;
(20) Psilocybin;
(21) Psilocyn;
(22) Tetrahydrocannabinols, synthetic equivalents of the
substances contained in the plant, or in the resinous extractives of
Cannabis, species, 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, 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) 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.)
(23) Ethylamine analog of phencyclidine: Some trade or other
names: N‑ethyl‑1phenylcyclohexalymine, (1‑phenylcyclohexl)
ethylamine; N‑(1‑phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
(24) Pyrrolidine analog of phencyclidine: Some trade or other
names: 1‑(1‑phencyclohexyl)pyrrolidine; PCPy; PHP;
(25) Thiophene analog of phencyclidine: Some trade or other
names: 1‑(1‑[2‑thenyl]‑cyclohexly)‑pipendine; 2‑thienylanalog of
phencyclidine; TPCP; TCP;
(26) 3,4-methylenediox-N-ethylamphetamine: Some trade or other names are N-ethyl-alpha-methyl-3,4 (methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
(27) N-hydroxy-3,4-methylenedioxyamphetamine: Some trade or other names are N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
(28) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name is TCPy.
(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) Mecloqualone.
(2) 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) Fenethylline;
(2) N‑ethylamphetamine;
(3) 4‑methylaminorex;
(4) N,N‑dimethylamphetamine.
The controlled substances in this section may be rescheduled or deleted as provided for in RCW 69.50.201.
Sec. 4. 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. 5. 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, 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))
subsection (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 its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:
(1) 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, 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) Glutethimide;
(3) Pentobarbital;
(((3)))
(4) Phencyclidine;
(((4)))
(5) 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).
(g) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a
soft gelatin capsule in a United States 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‑i‑
ol, or (‑)‑delta‑9‑(trans)‑tetrahydrocannabinol.)
(2) Nabilone: Some trade or other names are ( )-trans3-(1,1-dimethlheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzol[b,d]pyran-9-one].
The controlled substances in this section may be rescheduled or deleted as provided for in RCW 69.50.201."
Sec. 6. 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. 7. 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)) 1984, and any
other drug of the quantitative 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) Phendimetrazine.
(((c)))
(b) 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;
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:
(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 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.
(d) Anabolic steroids. The term "anabolic steroid" means any
drug or hormonal substance, chemically and pharmacologically related
to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes:
(1) Boldenone;
(2) Chlorotestosterone;
(3) Clostebol;
(4) Dehydrochlormethyltestosterone;
(5) Dihydrotestosterone;
(6) Drostanolone;
(7) Ethylestrenol;
(8) Fluoxymesterone;
(9) Formebulone;
(10) Mesterolone;
(11) Methandienone;
(12) Methandranone;
(13) Methandriol;
(14) Methandrostenolone;
(15) Methenolone;
(16) Methyltestosterone;
(17) Mibolerone;
(18) Nanrolone;
(19) Norethandrolone;
(20) Oxandrolone;
(21) Oxymesterone;
(22) Oxymetholone;
(23) Stanolone;
(24) Stanozolol;
(25) Testolactone;
(26) Testosterone;
(27) Trenbolone; and
(28) Any salt, ester, or isomer of a drug or substance described or listed in this subsection, if that salt, ester, or isomer promotes muscle growth. Except such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the
secretary of health and human services for such administration. If
any person prescribes, dispenses, or distributes such steroid for
human use such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subsection.
(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)) 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 (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. 8. 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. 9. 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-dimethylamino-1,2-diphenyl-3-methyl-2 propionoxybutane).
(((c)))
(b) Depressants. Unless specifically excepted or unless listed in
another schedule, 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)))
(d) Stimulants. Unless specifically excepted or unless listed in another
schedule, 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;
(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)))
(e) Other substances. Unless specifically excepted or unless listed in
another schedule, 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. 10. 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. 11. 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:
Pyrovalerone.
The controlled substances listed in this section may be rescheduled or deleted as provided for in RCW 69.50.201.
Sec. 12. 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. 13. 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.