AN ACT Relating to drugs; adding a new section to chapter 69.43 RCW; adding a new section to chapter 69.50 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 69.43 RCW read as follows:

(1) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to manufacture methamphetamine, or who possesses both ethylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to manufacture N-ethylamphetamine, is guilty of a felony, and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

(2) Any person who possesses at the same time any of the following combinations, or a combination product thereof, with intent to manufacture phencyclidine (PCP) or any of its analogs is guilty of a felony, and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

(a) Piperidine and cyclohexanone.

(b) Pyrrolidine and cyclohexanone.

(3) Any person who possesses at the same time any of the following combinations, or a combination product thereof, with intent to manufacture methamphetamine or any of its analogs is guilty of a felony and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

(a) Ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, plus hydriotic acid.

(b) Ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, thionyl chloride, and hydrogen gas.

(c) Ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, plus phosphorus pentachloride and hydrogen gas.

(d) Ephedrine, psueodoephedrine, norpseudoephedrine, or phenylpropanolamine, plus any "reduction" agent.

(4) For purposes of this section, "reduction" means a chemical reaction in which hydrogen combines with another substance or in which oxygen is removed from a substance.

(5) For purposes of this section, possession of immediate precursors sufficient for the manufacture of methylamine, ethylamine, phenyl-2-propanone, piperidine, cyclohexanone, pyrrolidine, morpholine, ephedrine, pseudoephedrine, norpseudophedrine, phenylpropanolamine, hydriotic acid, thionyl chloride, hydrogen gas, or phosphorus pentachloride shall be deemed to be possession of such a derivative substance. Additionally, possession of any compound or mixture containing piperidine, cyclohexanone, pyrrolidine, or morpholine ephedrine, pseudoephedrine, norpseudoephedrine, phenylpropanolamine, hydriotic acid, thionyl chloride, hydrogen gas, or phosphorus pentachloride shall be deemed to be possession of such substance.

(6) The provisions of subsections (1), (2), (3), (4), and (5) of this section shall not apply to drug manufacturers licensed by this state or persons authorized by regulation of the board of pharmacy to possess those substances or combinations of substances.

NEW SECTION. Sec. 2. A new section is added to chapter 69.50 RCW to read as follows:

(1) A controlled substance analog, the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I of this chapter or that was specifically designed to produce an effect substantially similar to, or greater than the effect of a controlled substance in schedule I of this chapter, all or part of which is intended for human consumption, shall be treated for the purposes of this chapter as a controlled substance in schedule I of this chapter.

(2) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally manufactures, delivers, or possesses with intent to manufacture or deliver a controlled substance analog described in subsection (1) of this section, and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

(3) Except as authorized by this chapter, a person commits an offense if he or she knowingly or intentionally possesses a controlled substance analog described in subsection (1) of this section.

(4) A controlled substance analog, the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule II in chapter 69.50 RCW or which was specifically designed to produce an effect substantially similar to, or greater than, the effect of a controlled substance in schedule II, all or part of which is intended for human consumption, shall be treated for purposes of this chapter as a controlled substance in schedule II in chapter 69.50 RCW.

(5) Except as authorized by this chapter, a person commits an offense if he or she knowingly or intentionally manufactures, delivers, or possesses with intent to manufacture or deliver a controlled substance analog described in subsection (4) of this section and may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

(6) Except as authorized by this chapter, a person commits an offense if he or she knowingly or intentionally possesses a controlled substance analog described in subsection (4) of this section and may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

(7) Nothing in this section applies to:

(a) A controlled substance;

(b) A substance for which there is an approved new drug application under 21 U.S.C. Sec. 355;

(c) With regard to a particular person, any substance, if an exemption is in effect for that person under 21 U.S.C. Sec. 355 to the extent that the person uses the substance only within the scope of the exemption; or

(d) A substance not intended for human consumption before an exemption under 21 U.S.C. Sec. 355 takes effect for that substance.