WSR 11-12-005

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed May 19, 2011, 9:32 a.m. ]

Subject of Possible Rule Making: WAC 246-887-100 Schedule I, the board of pharmacy (board) is considering adding synthetic cannabinoids (marijuana) and substituted cathinones to the Schedule I controlled substance list.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 69.50.201(a), 69.50.203, and 18.64.005(7).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules may be needed to ban synthetic cannabinoids known as Spice, K2 and other names, and substituted cathinones, marketed as "bath salts" and sold under names like Ivory, Purple Wave, Red Dove, Blue Silk, and Zoom. Increasing reports of abuse and misuse of these products compels the board to consider adding these substances to the Schedule I controlled substances list. Adding substances to Schedule I identifies them as having a high potential for abuse with no medical use, and gives law enforcement clear authority to prosecute for the sale, possession, manufacture, and delivery of these substances. Rules will protect the public by alerting consumers of the potential for serious health risk when used.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Drug Enforcement Administration (DEA) and state and local law enforcement. The DEA and law enforcement will be invited to participate as a stakeholder in the rule development process.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Persons interested in participating in the rule process or receiving updates can contact the Washington state board of pharmacy office to join the interested parties list. Interested parties can send a written request by e-mail wsbop@doh.wa.gov, fax (360) 236-2901 or by mail to the Board of Pharmacy, P.O. Box 47863, Olympia, WA 98501. You can also contact Kitty Slater at (360) 236-4861.

May 18, 2011

Susan Teil Boyer

Executive Director

Washington State Code Reviser's Office