FINAL BILL REPORT

SHB 1377

                                  C 147 L 88

BYHouse Committee on Judiciary (originally sponsored by Representatives Cooper, Padden, Armstrong, Sanders, Heavey, Wineberry, Pruitt, Rasmussen, May and Haugen; by request of Pharmacy Board)

Regulating precursor drugs.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

Current law classifies and regulates the possession, manufacture and transfer of many different "controlled substances."  Generally, controlled substances are drugs that have a potential for abuse and that may or may not have recognized medical uses.  Penalties and restrictions vary depending on the type of substance, the activity involving the substance and, in some cases, the amount of the substance.  The State Board of Pharmacy has authority to administer the controlled substances act.

An immediate precursor is defined as a substance that is the "principal compound commonly used . . . and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture."  There are a great number of chemical substances that have legitimate uses, but may also be precursors in the illegal production of controlled substances.

Many controlled substances are statutorily classified.  The State Board of Pharmacy is authorized to add substances to the lists of controlled substances based on statutory guidelines.  Among those guidelines is a determination by the board as to whether a potential addition is an "immediate precursor" of an already controlled substance.  If an immediate precursor is added to the list by the board, precursors of the immediate precursor cannot be added solely because they are precursors of precursors.

SUMMARY:

A list of precursors to controlled substances is statutorily established outside of the controlled substances act.  The State Board of Pharmacy is given authority to add to or delete from the list.  A variety of restrictions are placed on the manufacture and sale of the listed precursors.

Any manufacturer or seller must require prospective purchasers of a listed precursor to supply proper identification.  The identification must include an explanation of the use to which the precursor is to be put.  Failure to require proper identification is a misdemeanor.

At least 21 days before a sale the seller must report the sale to the state board.  However, the board may authorize monthly reporting in the case of regular business transactions, based on an established record of supplying listed substances for lawful purposes.  A violation of this reporting requirement is a gross misdemeanor.  Manufacturers or sellers who receive listed precursors from outside the state are also required to report under rules of the board.  A violation of this reporting requirement is a gross misdemeanor.  Transactions involving physicians or pharmacists are not subject to these reporting requirements.

A false statement made in connection with any required report is a class C felony.

Sale, transfer or receipt of a listed precursor with knowledge that it will be unlawfully used to manufacture a controlled substance is a class B felony.

Persons who manufacture or sell listed precursors are required to be licensed by the board.  Licensees are required to report the theft or loss of any listed precursor within seven days of discovery.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    46     0

EFFECTIVE:June 9, 1988