BILL REQ. #:  S-1459.1 

Read first time 02/25/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to a commission on psychoactive substance control; and creating new sections.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature to establish a special consultative body to provide recommendations to the legislature for the establishment of a new legal framework of regulatory control over psychoactive substances. The legislature intends to render the illegal markets for such substances unprofitable, to restrict access to psychoactive substances, and to provide health care and essential services to persons suffering from chemical dependency and addiction with the objective of reducing crime, enhancing public health, protecting children, and promoting efficient use of scarce public resources.

NEW SECTION.  Sec. 2   (1) There is created the governor's commission on psychoactive substance control.
     (2) Each of the following organizations shall recommend one person to be appointed by the governor to the commission:
     (a) The Washington state medical association;
     (b) The Washington academy of family physicians;
     (c) The Washington association of addiction programs;
     (d) The Washington state pharmacy association;
     (e) The Washington state psychiatric association;
     (f) The Washington state psychological association;
     (g) The Washington state public health association;
     (h) The Washington society of addiction medicine;
     (i) The Washington state PTA;
     (j) The Washington association of sheriffs and police chiefs;
     (k) The Washington council of police and sheriffs;
     (l) The Washington association of prosecuting attorneys;
     (m) The Washington defender association;
     (n) The Washington state board of pharmacy;
     (o) The office of the superintendent of public instruction;
     (p) The Washington state board of health;
     (q) The Washington state bar association;
     (r) The Washington association of counties;
     (s) The association of Washington cities; and
     (t) The association of Washington business.
     (3) Four members of the legislature shall be members of the commission, including two members of the senate appointed by the president of the senate, one of the majority party and one of the minority party, and two members of the house of representatives appointed by the speaker of the house of representatives, including one of the majority party and one of the minority party.

NEW SECTION.  Sec. 3   (1) The governor's commission on psychoactive substance control shall provide specific recommendations for legislation to establish regulatory systems and structures for the state of Washington to control psychoactive substances that are currently produced and distributed exclusively through illegal markets, including:
     (a) Regulation of manufacturing, transportation, storage, purity, and product safety;
     (b) Limitations on sale and other transfer, labeling, pricing, and taxation;
     (c) Requirements of medical supervision;
     (d) Limits on advertising;
     (e) Civil and criminal enforcement of such regulations.
     (2) The commission shall specifically consider the following subjects in reaching its recommendations:
     (a) The prohibition of and sanctions for the unlicensed manufacture of state-controlled psychoactive substances;
     (b) The prohibition of and sanctions for the distribution or delivery of state-controlled psychoactive substances by or to unauthorized persons;
     (c) The establishment of age-related restrictions on availability;
     (d) The determination of the degree to which state-controlled substances may be made available to authorized recipients and in what forms, concentrations, and quantities;
     (e) The determination of the degree to which medical supervision or other restrictions may be necessary to minimize the harm associated with the misuse of such substances;
     (f) The regulation of state-licensed facilities for state-controlled substances to eliminate incentives to promote the use of such substances or to divert them into an illegal market;
     (g) The prohibition or limitation of the display and use of state-controlled substances in some or all public places;
     (h) The prohibition or strict limitation of any commercial advertising or promotion of state-controlled substances, to the extent permitted by the first amendment, and the promotion of publicly sponsored counter-advertisement to educate the public about the risks and potential harms from the use of such substances;
     (i) The provision of current, scientifically based information to recipients of state-controlled substances, including counseling about the particular risks and adverse effects of the use of any such substance and about the availability of treatment for chemical dependency or addiction;
     (j) The dedication of net proceeds from the sale of state-controlled substances, and of net proceeds from the collection of civil and criminal penalties, for use by the state of Washington to invest in substance abuse prevention, treatment, research, and education programs;
     (k) Pricing structures for state-controlled substances that compensate the state for the administration of the regulatory framework and that maximize funding for prevention, treatment, research, and education, while maintaining price levels low enough to render any illegal markets for such substances unprofitable but high enough to deter consumption, especially by young persons; and
     (l) Provisions for ongoing regulatory oversight, civil and criminal enforcement, and legislative advice by the state agency or agencies charged with regulating state-controlled substances.
     (3) The commission shall report its recommendations to the legislature by December 1, 2006.