BILL REQ. #: S-3901.1
| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 01/20/10.
AN ACT Relating to conforming the uniform controlled substances act to existing state and federal law; and amending RCW 69.50.101, 69.50.204, 69.50.206, 69.50.208, 69.50.210, 69.50.212, and 69.50.402.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 69.50.101 and 2003 c 142 s 4 are each amended to read
as follows:
Unless the context clearly requires otherwise, definitions of terms
shall be as indicated where used in this chapter:
(a) "Administer" means to apply a controlled substance, whether by
injection, inhalation, ingestion, or any other means, directly to the
body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the
practitioner's authorized agent); or
(2) the patient or research subject at the direction and in the
presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor, or dispenser. It does
not include a common or contract carrier, public warehouseperson, or
employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or immediate
precursor included in Schedules I through V as set forth in federal or
state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance the chemical
structure of which is substantially similar to the chemical structure
of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on
the central nervous system substantially similar to the stimulant,
depressant, or hallucinogenic effect on the central nervous system of
a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual
represents or intends to have a stimulant, depressant, or
hallucinogenic effect on the central nervous system substantially
similar to the stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance included in Schedule
I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug
application;
(iii) a substance with respect to which an exemption is in effect
for investigational use by a particular person under Section 505 of the
federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent
conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human consumption
before an exemption takes effect with respect to the substance.
(f) "Deliver" or "delivery," means the actual or constructive
transfer from one person to another of a substance, whether or not
there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription or order
for a controlled substance and, pursuant to that prescription or order,
the proper selection, measuring, compounding, labeling, or packaging
necessary to prepare that prescription or order for delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized as a drug in
the official United States pharmacopoeia/national formulary or the
official homeopathic pharmacopoeia of the United States, or any
supplement to them; (2) controlled substances intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in
individuals or animals; (3) controlled substances (other than food)
intended to affect the structure or any function of the body of
individuals or animals; and (4) controlled substances intended for use
as a component of any article specified in (1), (2), or (3) of this
subsection. The term does not include devices or their components,
parts, or accessories.
(m) "Drug enforcement administration" means the drug enforcement
administration in the United States Department of Justice, or its
successor agency.
(n) "Immediate precursor" means a substance:
(1) that the state board of pharmacy has found to be and by rule
designates as being the principal compound commonly used, or produced
primarily for use, in the manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled substance; and
(3) the control of which is necessary to prevent, curtail, or limit
the manufacture of the controlled substance.
(o) "Isomer" means an optical isomer, but in RCW 69.50.101(r)(5),
69.50.204(a) (12) and (34), and 69.50.206(((a))) (b)(4), the term
includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and
69.50.210(c) the term includes any positional isomer; and in RCW
69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any
positional or geometric isomer.
(p) "Manufacture" means the production, preparation, propagation,
compounding, conversion, or processing of a controlled substance,
either directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical synthesis, or by
a combination of extraction and chemical synthesis, and includes any
packaging or repackaging of the substance or labeling or relabeling of
its container. The term does not include the preparation, compounding,
packaging, repackaging, labeling, or relabeling of a controlled
substance:
(1) by a practitioner as an incident to the practitioner's
administering or dispensing of a controlled substance in the course of
the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized agent
under the practitioner's supervision, for the purpose of, or as an
incident to, research, teaching, or chemical analysis and not for sale.
(q) "Marijuana" or "marihuana" means all parts of the plant
Cannabis, whether growing or not; the seeds thereof; the resin
extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds or
resin. The term does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
(r) "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis:
(1) Opium, opium derivative, and any derivative of opium or opium
derivative, including their salts, isomers, and salts of isomers,
whenever the existence of the salts, isomers, and salts of isomers is
possible within the specific chemical designation. The term does not
include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate,
including their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, whenever the existence of the isomers, esters,
ethers, and salts is possible within the specific chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives or ecgonine or their
salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer
thereof.
(8) Any compound, mixture, or preparation containing any quantity
of any substance referred to in subparagraphs (1) through (7).
(s) "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. The term includes opium, substances derived from opium
(opium derivatives), and synthetic opiates. The term does not include,
unless specifically designated as controlled under RCW 69.50.201, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). The term includes the racemic and levorotatory
forms of dextromethorphan.
(t) "Opium poppy" means the plant of the species Papaver somniferum
L., except its seeds.
(u) "Person" means individual, corporation, business trust, estate,
trust, partnership, association, joint venture, government,
governmental subdivision or agency, or any other legal or commercial
entity.
(v) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(w) "Practitioner" means:
(1) A physician under chapter 18.71 RCW((,)); a physician assistant
under chapter 18.71A RCW((,)); an osteopathic physician and surgeon
under chapter 18.57 RCW((,)); an osteopathic physician assistant under
chapter 18.57A RCW who is licensed under RCW 18.57A.020 subject to any
limitations in RCW 18.57A.040; an optometrist licensed under chapter
18.53 RCW who is certified by the optometry board under RCW 18.53.010
subject to any limitations in RCW 18.53.010((,)); a dentist under
chapter 18.32 RCW((,)); a podiatric physician and surgeon under chapter
18.22 RCW((,)); a veterinarian under chapter 18.92 RCW((,)); a
registered nurse, advanced registered nurse practitioner, or licensed
practical nurse under chapter 18.79 RCW((,)); a naturopathic physician
under chapter 18.36A RCW who is licensed under RCW 18.36A.030 subject
to any limitations in RCW 18.36A.040; a pharmacist under chapter 18.64
RCW or a scientific investigator under this chapter, licensed,
registered or otherwise permitted insofar as is consistent with those
licensing laws to distribute, dispense, conduct research with respect
to or administer a controlled substance in the course of their
professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed, registered,
or otherwise permitted to distribute, dispense, conduct research with
respect to or to administer a controlled substance in the course of
professional practice or research in this state.
(3) A physician licensed to practice medicine and surgery, a
physician licensed to practice osteopathic medicine and surgery, a
dentist licensed to practice dentistry, a podiatric physician and
surgeon licensed to practice podiatric medicine and surgery, or a
veterinarian licensed to practice veterinary medicine in any state of
the United States.
(x) "Prescription" means an order for controlled substances issued
by a practitioner duly authorized by law or rule in the state of
Washington to prescribe controlled substances within the scope of his
or her professional practice for a legitimate medical purpose.
(y) "Production" includes the manufacturing, planting, cultivating,
growing, or harvesting of a controlled substance.
(z) "Secretary" means the secretary of health or the secretary's
designee.
(aa) "State," unless the context otherwise requires, means a state
of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, or a territory or insular possession subject to the
jurisdiction of the United States.
(bb) "Ultimate user" means an individual who lawfully possesses a
controlled substance for the individual's own use or for the use of a
member of the individual's household or for administering to an animal
owned by the individual or by a member of the individual's household.
(cc) "Electronic communication of prescription information" means
the communication of prescription information by computer, or the
transmission of an exact visual image of a prescription by facsimile,
or other electronic means for original prescription information or
prescription refill information for a Schedule III-V controlled
substance between an authorized practitioner and a pharmacy or the
transfer of prescription information for a controlled substance from
one pharmacy to another pharmacy.
Sec. 2 RCW 69.50.204 and 1993 c 187 s 4 are each amended to read
as follows:
Unless specifically excepted by state or federal law or regulation
or more specifically included in another schedule, the following
controlled substances are listed in Schedule I:
(a) Any of the following opiates, including their isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers whenever the
existence of these isomers, esters, ethers, and salts is possible
within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol, except levo-alphacetylmethadol, also known
as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl, some trade or other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide);
(35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanaminde);
(54) Tilidine;
(55) Trimeperidine.
(b) Opium derivatives. Unless specifically excepted or unless
listed in another schedule, any of the following opium derivatives,
including their salts, isomers, and salts of isomers whenever the
existence of those salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) ((3,4-methylenedioxy-N-ethylamphetamine some trade or other
names: N-ethyl-alpha-methyl-3,4(methylenedioxy)phenthylamine, N-ethyl
MDA, MDE, MDEA;)) Dihydromorphine;
(9) N-hydroxy-3,4-methylenedioxyamphetamine some trade or other
names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and
N-hydroxy MDA;
(10)
(((11))) (9) Drotebanol;
(((12))) (10) Etorphine, except hydrochloride salt;
(((13))) (11) Heroin;
(((14))) (12) Hydromorphinol;
(((15))) (13) Methyldesorphine;
(((16))) (14) Methyldihydromorphine;
(((17))) (15) Morphine methylbromide;
(((18))) (16) Morphine methylsulfonate;
(((19))) (17) Morphine-N-Oxide;
(((20))) (18) Myrophine;
(((21))) (19) Nicocodeine;
(((22))) (20) Nicomorphine;
(((23))) (21) Normorphine;
(((24))) (22) Pholcodine;
(((25))) (23) Thebacon.
(c) Hallucinogenic substances. Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following hallucinogenic
substances, including their salts, isomers, and salts of isomers
whenever the existence of those salts, isomers, and salts of isomers is
possible within the specific chemical designation. For the purposes of
this subsection only, the term "isomer" includes the optical, position,
and geometric isomers:
(1) Alpha-ethyltryptamine: Some trade or other names:
Etryptamine; monase; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl)
indole; a-ET; and AET;
(2) 4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names:
4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;
(((2))) (3) 4-Bromo-2,5-dimethoxyphenethylamine: Some trade or
other names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, nexus;
(4) 2,5-dimethoxyamphetamine: Some trade or other names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA;
(((3))) (5) 2,5-dimethoxy-4-ethylamphetamine (DOET);
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine: Other name:
2C-T-7;
(7) 4-methoxyamphetamine: Some trade or other names: 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine, PMA;
(((4))) (8) 5-methoxy-3,4-methylenedioxy-amphetamine;
(((5))) (9) 4-methyl-2,5-dimethoxy-amphetamine: Some trade and
other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and
"STP";
(((6))) (10) 3,4-methylenedioxy amphetamine;
(((7))) (11) 3,4-methylenedioxymethamphetamine (MDMA);
(((8))) (12) 3,4-methylenedioxy-N-ethylamphetamine, also known as
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA,
MDE, MDEA;
(13) N-hydroxy-3,4-methylenedioxyamphetamine also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine,N-hydroxy MDA;
(14) 3,4,5-trimethoxy amphetamine;
(((9))) (15) Alpha-methyltryptamine: Other name: AMT;
(16) Bufotenine: Some trade or other names: 3-(beta-Dimethylaminoethyl)-5-hydroxindole; 3-(2-dimethylaminoethyl)-5-indolol;
N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(((10))) (17) Diethyltryptamine: Some trade or other names: N,N-Diethyltryptamine; DET;
(((11))) (18) Dimethyltryptamine: Some trade or other names: DMT;
(((12))) (19) 5-methoxy-N,N-diisopropyltryptamine: Other name:
5-MeO-DIPT;
(20) Ibogaine: Some trade or other names: 7-Ethyl-6,6
beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5H-pyndo (1',2'
1,2) azepino (5,4-b) indole; Tabernanthe iboga;
(((13))) (21) Lysergic acid diethylamide;
(((14))) (22) Marihuana or marijuana;
(((15))) (23) Mescaline;
(((16))) (24) Parahexyl-7374: Some trade or other names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo[b,d]pyran; synhexyl;
(((17))) (25) Peyote, meaning all parts of the plant presently
classified botanically as Lophophora Williamsii Lemaire, whether
growing or not, the seeds thereof, any extract from any part of such
plant, and every compound, manufacture, salts, derivative, mixture, or
preparation of such plant, its seeds, or extracts; (interprets 21
U.S.C. Sec. 812 (c), Schedule I (c)(12));
(((18))) (26) N-ethyl-3-piperidyl benzilate;
(((19))) (27) N-methyl-3-piperidyl benzilate;
(((20))) (28) Psilocybin;
(((21))) (29) Psilocyn;
(((22))) (30) Tetrahydrocannabinols, meaning tetrahydrocannabinols
naturally contained in a plant of the genus Cannabis (cannabis plant),
as well as synthetic equivalents of the substances contained in the
plant, or in the resinous extractives of Cannabis, species, and/
(i) ((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))) (31) Ethylamine analog of phencyclidine: Some trade or
other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl)
ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
(((24))) (32) Pyrrolidine analog of phencyclidine: Some trade or
other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;
(((25))) (33) Thiophene analog of phencyclidine: Some trade or
other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of
phencyclidine; TPCP; TCP;
(((26))) (34) 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) Gamma-hydroxybutyric acid: Some other names include GHB;
gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid;
sodium oxybate; sodium oxybutyrate;
(2) Mecloqualone;
(((2))) (3) Methaqualone.
(e) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers, and
salts of isomers:
(1) Aminorex: Some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4, 5-dihydro-5-phenly-2-oxazolamine;
(2) N-Benzylpiperazine: Some other names: BZP,1-benzylpiperazine;
(3) Cathinone, also known as 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone;
(4) Fenethylline;
(((2))) (5) Methcathinone: Some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone;
monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts
of optical isomers;
(6) (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(((3))) (7) N-ethylamphetamine;
(((4))) (8) N,N-dimethylamphetamine: Some trade or other names:
N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenoethylene.
The controlled substances in this section may be added,
rescheduled, or deleted as provided for in RCW 69.50.201.
Sec. 3 RCW 69.50.206 and 1993 c 187 s 6 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, thebaine-derived
butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone, and
naltrexone, and their respective salts, but including the following:
(i) Raw opium;
(ii) Opium extracts;
(iii) Opium fluid;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Dihydroetorphine;
(ix) Ethylmorphine;
(((ix))) (x) Etorphine hydrochloride;
(((x))) (xi) Hydrocodone;
(((xi))) (xii) Hydromorphone;
(((xii))) (xiii) Metopon;
(((xiii))) (xiv) Morphine;
(((xiv))) (xv) Oripavine;
(xvi) Oxycodone;
(((xv))) (xvii) Oxymorphone; and
(((xvi))) (xviii) Thebaine.
(2) Any salt, compound, isomer, derivative, or preparation thereof
that is chemically equivalent or identical with any of the substances
referred to in 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 including cocaine and ecgonine, and their salts,
isomers, derivatives, and salts of isomers and derivatives, and any
salt, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of these substances, ((but not
including)) except that the substances shall not include decocainized
coca leaves or extractions of coca leaves which do not contain cocaine
or ecgonine.
(5) ((Methylbenzoylecgonine (cocaine —)) Concentrate of poppy straw (The crude extract of poppy straw
in either liquid, solid, or powder form which contains the phenanthrene
alkaloids of the opium poppy.)
(6)
(c) Opiates. Unless specifically excepted or unless in another
schedule, any of the following synthetic 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;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk dextropropoxyphene (nondosage forms);
(6) Carfentanil;
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(12) Levomethorphan;
(((12))) (13) Levorphanol;
(((13))) (14) Metazocine;
(((14))) (15) Methadone;
(((15))) (16) Methadone—
(((16))) (17) Moramide—
(((17))) (18) Pethidine (meperidine);
(((18))) (19) Pethidine—
(((19))) (20) Pethidine—
(((20))) (21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(((21))) (22) Phenazocine;
(((22))) (23) Piminodine;
(((23))) (24) Racemethorphan;
(((24))) (25) Racemorphan;
(((25))) (26) Remifentanil;
(27) Sufentanil;
(28) Tapentadol.
(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;
(5) Lisdexamfetamine, its salts, isomers, and salts of its isomers.
(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;
(4) Phencyclidine;
(5) Secobarbital.
(f) 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.))) 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.
(2)
(g) 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:
(i) Phenylacetone: Some trade or other names phenyl-2-propanone,
P2P, benzyl methyl ketone, methyl benzyl ketone.
(2) Immediate precursors to phencyclidine (PCP):
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
The controlled substances in this section may be added,
rescheduled, or deleted as provided for in RCW 69.50.201.
Sec. 4 RCW 69.50.208 and 1993 c 187 s 8 are each amended to read
as follows:
Unless specifically excepted by state or federal law or regulation
or more specifically included in another schedule, the following
controlled substances are listed in Schedule III:
(a) Stimulants. 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,
whether optical, position, or geometric, and salts of isomers whenever
the existence of those salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) Any compound, mixture, or preparation in dosage unit form
containing any stimulant substance included in Schedule II and which
was listed as an excepted compound on August 25, 1971, pursuant to the
federal Controlled Substances Act, and any other drug of the
quantitative composition shown in that list for those drugs or which is
the same except for containing a lesser quantity of controlled
substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(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) Embutramide;
(6) Any drug product containing gamma hydroxybutyric acid,
including its salts, isomers, and salts of isomers, for which an
application is approved under section 505 of the federal food, drug,
and cosmetic act;
(7) Ketamine, its salts, isomers, and salts of isomers, some other
names for ketamine: (
(8)
(((6))) (9) Lysergic acid amide;
(((7))) (10) Methyprylon;
(((8))) (11) Sulfondiethylmethane;
(((9))) (12) Sulfonethylmethane;
(((10))) (13) Sulfonmethane;
(((11))) (14) Tiletamine and zolazepam or any of their salts—
(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:)) 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 this
subsection:
(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 [nandrolone];
(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 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.
(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 (hydrocodone)
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 (hydrocodone)
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; and
(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.
(e) Any material, compound, mixture, or preparation containing any
of the following narcotic drugs or their salts: Buprenorphine.
(f) Hallucinogenic substances. Dronabinol (synthetic) in sesame
oil and encapsulated in a soft gelatin capsule in a United States food
and drug administration approved product. Some other names for
dronabinol: [6a R-trans]-6a,7,8, 10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d] pyran-i-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol.
(g) Anabolic steroids. The term "anabolic steroids" means any drug
or hormonal substance, chemically and pharmacologically related to
testosterone, other than estrogens, progestins, corticosteroids, and
dehydroepiandrosterone, that promotes muscle growth and includes:
(1) 3β,17-dihydroxy-5a-androstane;
(2) 3α,17β-dihydroxy-5a-androstane;
(3) 5α-androstan-3,17-dione;
(4) 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene);
(5) 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene);
(6) 4-androstenediol (3β,17β-dihydroxy-androst-4-ene);
(7) 5-androstenediol (3β,17β-dihydroxy-androst-5-ene);
(8) 1-androstenedione ([5α]-androst-1-en-3,17-dione);
(9) 4-androstenedione (androst-4-en-3,17-dione);
(10) 5-androstenedione (androst-5-en-3,17-dione);
(11) Bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);
(12) Boldenone (17β-hydroxyandrost-1,4,-diene-3-one);
(13) Calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);
(14) Clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one);
(15) Dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl-androst-1,4-dien-3-one);
(16) Δ1-dihydrotestosterone (a.k.a. '1-testosterone') (17β-hydroxy-5α-androst-1-en-3-one);
(17) 4-dihydrotestosterone (17β-hydroxy-androstan-3-one);
(18) Drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one);
(19) Ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene);
(20) Fluoxymesterone (9-fluoro-17α-methyl-11β,17β-dihydroxyandrost-4-en-3-one);
(21) Formebolone (2-formyl-17α-methyl-11α,17β-dihydroxyandrost-1,4-dien-3-one);
(22) Furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]-furazan);
(23) 13β-ethyl-17β-hydroxygon-4-en-3-one;
(24) 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one);
(25) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one);
(26) Mestanolone (17α-methyl-17β-hydroxy-5-androstan-3-one);
(27) Mesterolone (1α methyl-17β-hydroxy-[5α]-androstan-3-one);
(28) Methandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one);
(29) Methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene);
(30) Methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one);
(31) 17α-methyl-3β,17β-dihydroxy-5a-androstane;
(32) 17α-methyl-3α,17β-dihydroxy-5a-androstane;
(33) 17α-methyl-3β,17β-dihydroxyandrost-4-ene;
(34) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one);
(35) Methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one);
(36) Methyltrienolone (17α-methyl-17β-hydroxyestra-4,9-11-trien-3-one);
(37) Methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one);
(38) Mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en-3-one);
(39) 17α-methyl-Δ1-dihydrotestosterone (17bβ-hydroxy-17α-methyl-5α-androst-1-en-3-one) (also known as '17-α-methyl-1-testosterone');
(40) Nandrolone (17β-hydroxyestr-4-en-3-one);
(41) 19-nor-4-androstenediol (3β, 17β-dihydroxyestr-4-ene);
(42) 19-nor-4-androstenediol (3α, 17β-dihydroxyestr-4-ene);
(43) 19-nor-5-androstenediol (3β, 17β-dihydroxyestr-5-ene);
(44) 19-nor-5-androstenediol (3α, 17β-dihydroxyestr-5-ene);
(45) 19-nor-4-androstenedione (estr-4-en-3,17-dione);
(46) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
(47) Norbolethone (13β, 17α-diethyl-17β-hydroxygon-4-en-3-one);
(48) Norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one);
(49) Norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one);
(50) Normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one);
(51) Oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5α]-androstan-3-one);
(52) Oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one);
(53) Oxymetholone (17α-methyl-2-hydroxymethylene-17β-hydroxy-[5α]-androstan-3-one);
(54) Stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole);
(55) Stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en-3-one);
(56) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
(57) Testosterone (17β-hydroxyandrost-4-en-3-one);
(58) Tetrahydrogestrinone (13β, 17α-diethyl-17β-hydroxygon-4,9,11-trien-3-one);
(59) Trenbolone (17β-hydroxyestr-4,9,11-trien-3-one); and
(60) Any salt, ester, or ether of a drug or substance described in
this section. Such term does not include an anabolic steroid that is
expressly intended for administration through implants to cattle or
other nonhuman species and that has been approved by the secretary of
the department of health and human services for such administration.
If any person prescribes, dispenses, or distributes such steroid for
human use, the person shall be considered to have prescribed,
dispensed, or distributed an anabolic steroid within the meaning of
this section.
The state board of pharmacy may except by rule any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in subsection (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 added,
rescheduled, or deleted as provided for in RCW 69.50.201.
Sec. 5 RCW 69.50.210 and 1993 c 187 s 10 are each amended to read
as follows:
Unless specifically excepted by state or federal law or regulation
or more specifically included in another schedule, the following
controlled substances are listed in Schedule 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-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
(b) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
containing any quantity of the following substances having a depressant
effect on the central nervous system, including their salts, isomers,
and salts of isomers whenever the existence of those salts, isomers,
and salts of isomers is possible within the specific chemical
designation:
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Carisoprodol;
(6) Chloral betaine;
(((6))) (7) Chloral hydrate;
(((7))) (8) Chlordiazepoxide;
(((8))) (9) Clobazam;
(((9))) (10) Clonazepam;
(((10))) (11) Clorazepate;
(((11))) (12) Clotiazepam;
(((12))) (13) Cloxazolam;
(((13))) (14) Delorazepam;
(((14))) (15) Diazepam;
(((15))) (16) Dichloralphenazone;
(17) Estazolam;
(((16))) (18) Ethchlorvynol;
(((17))) (19) Ethinamate;
(((18))) (20) Ethyl loflazepate;
(((19))) (21) Fludiazepam;
(((20))) (22) Flunitrazepam;
(((21))) (23) Flurazepam;
(((22))) (24) Halazepam;
(((23))) (25) Haloxazolam;
(((24))) (26) Ketazolam;
(((25))) (27) Loprazolam;
(((26))) (28) Lorazepam;
(((27))) (29) Lormetazepam;
(((28))) (30) Mebutamate;
(((29))) (31) Medazepam;
(((30))) (32) Meprobamate;
(((31))) (33) Methohexital;
(((32))) (34) Methylphenobarbital (mephobarbital);
(((33))) (35) Midazolam;
(((34))) (36) Nimetazepam;
(((35))) (37) Nitrazepam;
(((36))) (38) Nordiazepam;
(((37))) (39) Oxazepam;
(((38))) (40) Oxazolam;
(((39))) (41) Paraldehyde;
(((40))) (42) Petrichloral;
(((41))) (43) Phenobarbital;
(((42))) (44) Pinazepam;
(((43))) (45) Prazepam;
(((44))) (46) Quazepam;
(((45))) (47) Temazepam;
(((46))) (48) Tetrazepam;
(((47))) (49) Triazolam;
(50) Zaleplon;
(51) Zolpidem; and
(52) Zopiclone.
(c) Fenfluramine. Any material, compound, mixture, or preparation
containing any quantity of the following substance, including its
salts, isomers, and salts of such isomers, whenever the existence of
such salts, isomers, and salts of isomers is possible: Fenfluramine.
(d) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
containing any quantity of the following substances having a stimulant
effect on the central nervous system, including their salts, isomers,
and salts of isomers:
(1) Cathine((+)norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Modafinil;
(8) Pemoline (including organometallic complexes and chelates
thereof);
(((8))) (9) Phentermine;
(((9))) (10) Pipradrol;
(((10))) (11) Sibutramine;
(12) SPA ((-)-1-dimethylamino-1, 2-dephenylethane).
(e) Other substances. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation containing any quantity of the following substance,
including its salts:
(1) Pentazocine;
(2) Butorphanol, including its optical isomers.
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 added,
rescheduled, or deleted as provided for in RCW 69.50.201.
Sec. 6 RCW 69.50.212 and 1993 c 187 s 12 are each amended to read
as follows:
Unless specifically excepted by state or federal law or regulation
or more specifically included in another schedule, the following
controlled substances are listed in Schedule V:
(a) ((Any material, compound, mixture, or preparation containing
any of the following narcotic drug and its salts: Buprenorphine.)) 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
subsection, which 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:
(b)
(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) 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.)) (b) Stimulants. Unless specifically
exempted or excluded 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:
Pyrovalerone.
(c) Depressants. Unless specifically exempted or excluded 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:
(1) Lacosamid, [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide];
(2) Pregabalin{(S)-3-(aminomethyl)-5-methylhexanoic acid}.
The controlled substances listed in this section may be added,
rescheduled, or deleted as provided for in RCW 69.50.201.
Sec. 7 RCW 69.50.402 and 2003 c 53 s 338 are each amended to read
as follows:
(1) It is unlawful for any person:
(a) Who is subject to Article III to distribute or dispense a
controlled substance in violation of RCW 69.50.308;
(b) Who is a registrant, to manufacture a controlled substance not
authorized by his or her registration, or to distribute or dispense a
controlled substance not authorized by his or her registration to
another registrant or other authorized person;
(c) Who is a practitioner, to prescribe, order, dispense,
administer, supply, or give to any person:
(i) Any amphetamine, including its salts, optical isomers, and
salts of optical isomers classified as a schedule II controlled
substance by the board of pharmacy pursuant to chapter 34.05 RCW; or
(ii) Any nonnarcotic stimulant classified as a schedule II
controlled substance and designated as a nonnarcotic stimulant by the
board of pharmacy pursuant to chapter 34.05 RCW;
except for the treatment of narcolepsy or for the treatment of
hyperkinesis, or for the treatment of drug-induced brain dysfunction,
or for the treatment of epilepsy, or for the differential diagnostic
psychiatric evaluation of depression, or for the treatment of
depression shown to be refractory to other therapeutic modalities, or
for the treatment of multiple sclerosis, or for the clinical
investigation of the effects of such drugs or compounds, in which case
an investigative protocol therefor shall have been submitted to and
reviewed and approved by the state board of pharmacy before the
investigation has been begun: PROVIDED, That the board of pharmacy, in
consultation with the medical quality assurance commission and the
osteopathic disciplinary board, may establish by rule, pursuant to
chapter 34.05 RCW, disease states or conditions in addition to those
listed in this subsection for the treatment of which Schedule II
nonnarcotic stimulants may be prescribed, ordered, dispensed,
administered, supplied, or given to patients by practitioners: AND
PROVIDED, FURTHER, That investigations by the board of pharmacy of
abuse of prescriptive authority by physicians, licensed pursuant to
chapter 18.71 RCW, pursuant to subsection (1)(c) of this section shall
be done in consultation with the medical quality assurance commission;
(d) To refuse or fail to make, keep or furnish any record,
notification, order form, statement, invoice, or information required
under this chapter;
(e) To refuse an entry into any premises for any inspection
authorized by this chapter; or
(f) Knowingly to keep or maintain any store, shop, warehouse,
dwelling, building, vehicle, boat, aircraft, or other structure or
place, which is resorted to by persons using controlled substances in
violation of this chapter for the purpose of using these substances, or
which is used for keeping or selling them in violation of this chapter.
(2) Any person who violates this section is guilty of a class C
felony and upon conviction may be imprisoned for not more than two
years, fined not more than two thousand dollars, or both.