wa-law.org > bill > 2023-24 > SB 5263 > Substitute Bill
The legislature intends to establish an advisory board and interagency work group to provide advice and recommendations on developing a comprehensive regulatory framework for access to regulated psilocybin for Washington residents who are at least 21 years of age.
The legislature declares that the purposes of this chapter are:
To develop a long-term strategic plan for ensuring that psilocybin services become and remain a safe, accessible, and affordable option for all persons 21 years of age and older in this state for whom psilocybin may be appropriate or as part of their indigenous religious or cultural practices;
To protect the safety, welfare, health, and peace of the people of this state by prioritizing this state's limited law enforcement resources in the most effective, consistent, and rational way;
To develop a comprehensive regulatory framework concerning psilocybin products and psilocybin services under state law;
To prevent the distribution of psilocybin products to other persons who are not permitted to possess psilocybin products under this chapter including but not limited to persons under 21 years of age; and
To prevent the diversion of psilocybin products from this state to other states.
This chapter may be known and cited as the Washington psilocybin services act.
This chapter may not be construed:
To require a government medical assistance program or private health insurer to reimburse a person for costs associated with the use of psilocybin products;
To prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession, or use of psilocybin products to the extent necessary to satisfy federal requirements for the grant;
To prohibit a party to a federal contract or a person applying to be a party to a federal contract from prohibiting the manufacture, delivery, possession, or use of psilocybin products to the extent necessary to comply with the terms and conditions of the contract or to satisfy federal requirements for the contract; or
To obstruct the enforcement of a federal law.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Client" means an individual who is provided psilocybin services in this state.
"Department" means the department of health.
"Legal entity" means a corporation, limited liability company, limited partnership, or other legal entity that is registered with the office of the secretary of state or with a comparable office of another jurisdiction.
"Licensee" means a person that holds a license issued under this chapter.
"Licensee representative" means an owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity.
"Manufacture" means the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion, or processing of a psilocybin product, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container.
"Psilocybin" means psilocybin or psilocin.
"Psilocybin product manufacturer" means a person that manufactures psilocybin products in this state.
"Psilocybin products" means:
Psilocybin-producing fungi; and
Mixtures or substances containing a detectable amount of psilocybin.
"Secretary" means the secretary of health appointed under RCW 43.70.030.
The Washington psilocybin advisory board is established within the department to provide advice and recommendations to the department, the liquor and cannabis board, and the department of agriculture. The Washington psilocybin advisory board shall consist of:
Members appointed by the governor as specified in subsection (2) of this section;
The secretary or the secretary's designee;
The state health officer or a physician acting as the state health officer's designee;
A representative from the department who is familiar with public health programs and public health activities in this state; and
A designee of the public health advisory board.
The governor shall appoint the following individuals to the Washington psilocybin advisory board:
Any four of the following:
A state employee who has technical expertise in the field of public health;
A local health officer;
An individual who is a member of, or who represents, a federally recognized Indian tribe in this state;
An individual who is a member of, or who represents, a body that provides policy advice relating to substance use disorder policy;
An individual who is a member of, or who represents, a body that provides policy advice relating to health equity;
An individual who is a member of, or who represents, a body that provides policy advice related to palliative care and quality of life; or
An individual who represents individuals who provide public health services directly to the public;
A person who has knowledge regarding the indigenous or religious use of psilocybin;
A psychologist licensed under chapter 18.83 RCW who has professional experience engaging in the diagnosis or treatment of a mental, emotional, or behavioral condition;
A physician licensed under chapter 18.71 RCW;
A naturopath licensed under chapter 18.36A RCW;
An expert in the field of public health who has a background in academia;
Any three of the following:
A person who has professional experience conducting scientific research regarding the use of psychedelic compounds in clinical therapy;
A person who has experience in the field of mycology;
A person who has experience in the field of ethnobotany;
A person who has experience in the field of psychopharmacology; or
A person who has experience in the field of harm reduction;
A person designated by the liquor and cannabis board who has experience working with the cannabis central reporting system developed for tracking the transfer of cannabis items;
The attorney general or the attorney general's designee; and
One, two, or three at large members.
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Members of the Washington psilocybin advisory board shall serve for a term of four years, but at the pleasure of the governor. Before the expiration of the term of a member, the governor shall appoint a successor whose term begins on January 1st of the following year. A member is eligible for reappointment. If there is a vacancy for any cause, the governor shall make an appointment to become immediately effective for the unexpired term.
Members of the board described in subsection (1)(b) through (e) of this section are nonvoting ex officio members of the board.
A majority of the voting members of the board constitutes a quorum. Official adoption of advice or recommendations by the Washington psilocybin advisory board requires the approval of a majority of the voting members of the board.
The board shall elect one of its voting members to serve as chair.
Until July 1, 2025, the Washington psilocybin advisory board shall meet at least five times a calendar year at a time and place determined by the chair or a majority of the voting members of the board. After July 1, 2025, the board shall meet at least once every calendar quarter at a time and place determined by the chair or a majority of the voting members of the board. The board may meet at other times and places specified by the call of the chair or of a majority of the voting members of the board.
The Washington psilocybin advisory board may adopt rules necessary for the operation of the board.
The Washington psilocybin advisory board may establish committees and subcommittees necessary for the operation of the board.
The members of the Washington psilocybin advisory board may receive reimbursement or an allowance for expenses within amounts appropriated for that specific purpose consistent with RCW 43.03.220.
a. Developing a comprehensive regulatory framework for a regulated psilocybin system, including a process to ensure clean and pesticide free psilocybin products;
b. Reviewing indigenous practices with psilocybin, clinical psilocybin trials, and findings;
c. Reviewing research of medical evidence developed on the possible use and misuse of psilocybin therapy; and
d. Ensuring that a social opportunity program is included within any licensing program created under this chapter to remedy the targeted enforcement of drug-related laws on overburdened communities.
The findings of the psilocybin task force in section 8 of this act must be submitted to the interagency work group created in this section and to the psilocybin advisory board.
The interagency psilocybin work group must submit regular updates to the psilocybin advisory board.
FOR THE STATE HEALTH CARE AUTHORITY—MEDICAL ASSISTANCE
The department has the duties, functions, and powers specified under this chapter and the powers necessary or proper to enable the department to carry out its duties, functions, and powers under this chapter. The jurisdiction, supervision, duties, functions, and powers of the department extend to any person that produces, processes, transports, delivers, sells, or purchases a psilocybin product in this state or that provides a psilocybin service in this state. The department may sue and be sued.
The duties, functions, and powers of the department specified in this chapter include the following:
To examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end-of-life psychological distress, and the potential for psilocybin to promote community, address trauma, and enhance physical and mental wellness;
To adopt, amend, or repeal rules necessary to carry out the intent and provisions of this chapter, including rules that the department considers necessary to protect the public health and safety;
To exercise all powers incidental, convenient, or necessary to enable the department to administer or carry out this chapter or any other law of this state that charges the department with a duty, function, or power related to psilocybin products and psilocybin services. Powers described in this subsection include, but are not limited to:
Issuing subpoenas;
Compelling the attendance of witnesses;
Administering oaths;
Certifying official acts;
Taking depositions as provided by law;
Compelling the production of books, payrolls, accounts, papers, records, documents, and testimony; and
Establishing fees for any licenses created under this chapter provided that any fee established by the department is reasonably calculated to not exceed the cost of the activity for which the fee is charged;
To adopt rules prohibiting advertising psilocybin products to the public;
To adopt rules regulating and prohibiting advertising psilocybin services in a manner:
That is appealing to minors;
That promotes excessive use;
That promotes illegal activity;
That violates the code of professional conduct for psilocybin service facilitators formulated by the department; or
That otherwise presents a significant risk to public health and safety.
The department may not:
Require that a psilocybin product be manufactured by means of chemical synthesis;
Prohibit the use of naturally grown mushrooms that meet quality and safety standards; or
Mandate the use of patented products or procedures.
The jurisdiction, supervision, duties, functions, and powers held by the department under this section are not shared by the pharmacy quality assurance commission under chapter 18.64 RCW.
Medical professionals licensed by the state of Washington shall not be subject to adverse licensing action for recommending psilocybin treatments available under this chapter to a patient if a full assessment has been completed, however a medical practitioner must properly evaluate a patient's condition and comply with the applicable standard of care in doing so.
A psilocybin patient is protected from criminal, civil, or adverse licensing action in Washington state for the mere use of psilocybin.
By July 1, 2028, the department must develop a registry for individuals over the age of 21 who are interested in using psilocybin approved under this chapter.
The department must develop rules to implement this section.
The liquor and cannabis board shall assist and cooperate with the department and the department of agriculture to the extent necessary to carry out the duties of the departments under this chapter.
The department of agriculture shall assist and cooperate with the department to the extent necessary for the department to carry out the duties under this chapter.
The department of agriculture may possess, test, and dispose of psilocybin products.
The department, the department of agriculture, and the liquor and cannabis board may not refuse to perform any duty under this chapter on the basis that manufacturing, distributing, dispensing, possessing, or using psilocybin products is prohibited by federal law.
The department may not revoke or refuse to issue or renew a license or permit under this chapter on the basis that manufacturing, distributing, dispensing, possessing, or using psilocybin products is prohibited by federal law.
A person may not sue the department, the department of agriculture, the liquor and cannabis board, a member of the liquor and cannabis board, or any employee of these entities, for performing or omitting to perform any duty, function, or power of the entity set forth under this chapter or in any other law of this state requiring these entities to perform a duty, function, or power related to psilocybin products.
Subject to any applicable provisions of RCW 10.105.010 and 69.50.505 and chapter 34.05 RCW, any state officer, board, commission, corporation, institution, department, or other state body, and any local officer, board, commission, institution, department, or other local government body, that is authorized by the statutory laws of this state to perform a duty, function, or power with respect to a psilocybin product, may purchase, possess, seize, or dispose of the psilocybin product as the state officer, board, commission, corporation, institution, department, or other state body, or the local officer, board, commission, institution, department, or other local government body, considers necessary to ensure compliance with and enforce the applicable statutory law or any rule adopted under the applicable statutory law.
Psilocybin-producing fungi is:
An agricultural commodity for the purposes of RCW 84.34.020 and an accessory use for the purposes of RCW 36.70A.177;
A crop for purposes of "farmland" and "farm product" as those terms are defined under RCW 7.48.310; and
An agricultural activity for the purposes of RCW 7.48.305.
The following are not permitted uses on land designated for exclusive farm use:
A new dwelling used in conjunction with a psilocybin-producing fungi crop;
A farm stand used in conjunction with a psilocybin-producing fungi crop; and
Subject to subsection (3) of this section, a commercial activity carried on in conjunction with a psilocybin-producing fungi crop.
The operation of a psilocybin service center may be carried on in conjunction with a psilocybin-producing fungi crop.
A county may allow the manufacture of psilocybin products as a farm use on land zoned for farm or forest use in the same manner as the manufacture of psilocybin products is allowed in exclusive farm use zones under this section.
The department of agriculture may not exercise authority over psilocybin products or a licensee, except as provided by the department in rule.
In exercising its authority under chapter 15.130 RCW, the department of agriculture may not:
Establish standards for psilocybin products as a food additive, as defined under RCW 15.130.110;
Consider psilocybin products to be an adulterant, unless the concentration of a psilocybin product exceeds acceptable levels established by the department by rule; or
Apply or enforce RCW 15.130.140 and 15.130.200 through 15.130.230 to psilocybin products.
Subject to subsection (2) of this section, information is exempt from public disclosure under chapter 42.56 RCW if the information is:
Personally identifiable information;
The address of a premises for any license that has been issued or for which an applicant has proposed licensure under this chapter;
Related to the security plan or the operational plan for a premises for which a license has been issued or for which an applicant has proposed licensure under this chapter; or
Related to any record that the department determines contains proprietary information of a licensee under this chapter.
The exemption from public disclosure as provided by this section does not apply to:
The name of an individual listed on an application, if the individual is a direct owner of the business operating or to be operated under the license; or
A request for information if the request is made by a law enforcement agency.
For purposes of subsection (2)(a) of this section, an individual is not a direct owner of the business operating or to be operated under the license if:
The direct owner of the business operating or to be operated under the license is a legal entity; and
The individual is merely a general partner, limited partner, member, shareholder, or other direct or indirect owner of the legal entity.
An employer in the state of Washington may not discriminate against an employee for receiving psilocybin services if sanctioned under this chapter absent the employee's visible impairment at work and may not test an employee for the presence of psilocybin unless they exhibit clear, observable symptoms of impairment.
For the purposes of RCW 7.48.305 only:
"Agricultural activity" means a condition or activity which occurs on a farm in connection with the commercial production of farm products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement, including, but not limited to, use of current county road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; keeping of bees for production of agricultural or apicultural products; the manufacture of psilocybin as defined under section 5 of this act and if allowed this chapter; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of stream banks and watercourses; and conversion from one agricultural activity to another, including a change in the type of plant-related farm product being produced. The term includes use of new practices and equipment consistent with technological development within the agricultural industry.
"Farm" means the land, buildings, freshwater ponds, freshwater culturing and growing facilities, and machinery used in the commercial production of farm products.
"Farmland" means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquacultural, or other farm products. "Farmland" includes the premises in which psilocybin is manufactured.
"Farm product" means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, dairy and dairy products, poultry and poultry products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees, freshwater fish and fish products, apiaries and apiary products, psilocybin, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.
"Forest practice" means any activity conducted on or directly pertaining to forestland, as that term is defined in RCW 76.09.020, and relating to growing, harvesting, or processing timber. The term "forest practices" includes, but is not limited to, road and trail construction, final and intermediate harvesting, precommercial thinning, reforestation, fertilization, prevention and suppression of diseases and insects, salvage of trees, brush control, and owning land where trees may passively grow until one of the preceding activities is deemed timely by the owner.
It is an unfair practice for any employer:
To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.
To discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, use of psilocybin services if sanctioned under chapter 18.--- RCW (the new chapter created in section 26 of this act) in the absence of visible impairment at work, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.
To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
Sections 6 and 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.