WSR 26-15-126 (26-15)

Subject of Possible Rule Making: Classifying specific synthetic benzodiazepines as Schedule I substances. The pharmacy quality assurance commission (commission) is considering updating the list of Schedule I substances in WAC 246-945-051 to include the synthetic benzodiazepines clonazolam, diclazepam, etizolam, flualprazolam, flubromazolam, and bromazolam, as they pose an imminent hazard to public safety. This proposal is in response to a recent federal rule making.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The United States Drug Enforcement Administration (DEA) published an order in the Federal Register on July 26, 2023, temporarily placing clonazolam, diclazepam, etizolam, flualprazolam, and flubromazolam, all of which fall under the broader drug category of synthetic benzodiazepines, in Schedule I of the Controlled Substances Act (CSA) based upon a finding that these substances pose an imminent hazard to the public safety under 21 U.S.C. 811 (h)(1). The temporary scheduling was later extended to July 26, 2026, to allow DEA time to complete its rule making to permanently schedule these substances in Schedule I. An additional rule was issued on March 16, 2026, placing another synthetic benzodiazepine, bromazolam, in Schedule I. DEA cited numerous reasons to schedule these synthetic benzodiazepines, including the drugs' actual or relative potential for abuse, the scientific knowledge surrounding these substances, and observed public use and misuse of benzodiazepines.

The commission determined that it would be in the public's interest to consider placing the named synthetic benzodiazepines in WAC 246-945-051 Schedule I. The intended goals of rule making on this topic are to align state rules relating to the designation of those synthetic benzodiazepines with federal law and reduce the impact of the public hazard posed by these substances. The commission also determined that engaging in both standard and emergency rule making is necessary, citing an immediate need to protect public health and safety.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DEA is the federal agency responsible for placing clonazolam, diclazepam, etizolam, flualprazolam, and flubromazolam in Schedule I of CSA. The commission will continue to track the associated federal rule making to ensure any proposed amended language matches changes made by DEA. The commission will also reach out to DEA as necessary for information-gathering purposes relating to the reasoning behind scheduling the named synthetic benzodiazepines.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Joshua Munroe, P.O. Box 47850, Olympia, WA 98504-7850, phone 360-502-5058, fax 360-236-2260, TTY 711, email PharmacyRules@doh.wa.gov.

Additional comments: Rule development takes place in open public meetings prior to a formal rule proposal and comment period. All rule-making notices are sent via email. To receive notices, interested persons may sign up by going to https://public.govdelivery.com/accounts/WADOH/subscriber/new. After signing up, please click open the box labeled "Health Systems Quality Assurance." Next, click open the box labeled "Health Professions," then check the boxes next to either "Pharmacy Commission Meeting and Agenda" and/or "Pharmacy Commission Newsletter."