SENATE BILL REPORT

SHB 1377

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

Senate Hearing Date(s):February 24, 1988; February 25, 1988

Majority Report:  Do pass.

      Signed by Senators McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Niemi.

Senate Staff:Jon Carlson (786-7459)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 25, 1988

BACKGROUND:

The law classifies and regulates the possession, manufacture and transfer of many different controlled substances.  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 is given authority to administer the controlled substances act.

Many controlled substances are statutorily recognized.  The board 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.

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."

SUMMARY:

A list of precursors to controlled substances is statutorily established.  The board 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 instead 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 29, 1988

Senate Committee - Testified: C.C. Bridgewater, Cowlitz County (for); Robert S. Songer, Clark County Sheriff Dept. (for); Rod Manchester, Clark County Sheriff Dept. (for); Gary D. Liming, Drug Enforcement Administration (DEA) (for); Don Williams, Pharmacy Board (for); Representative David Cooper, 18th District (for)