wa-law.org > bill > 2025-26 > SB 5921 > Original Bill
The legislature recognizes the need for clinical treatment for serious and otherwise treatment-resistant conditions. The legislature recognizes that scientific evidence has found that psilocybin can provide medically significant relief for diagnosed conditions. The legislature recognizes the importance of clear training standards, oversight mechanisms, and protections for clinicians and patients. The legislature therefore resolves to create the Washington medical use of psilocybin program under the supervision of the department of health to provide safe access to needed medical treatment services.
This act may be known and cited as the Washington medical psilocybin act.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Clinician" means a health care professional who is authorized under state law to prescribe legend drugs or controlled substances within the professional's scope of practice, and is approved by the department to participate in the medical use of psilocybin program under this chapter, including by providing inpatient or outpatient medical services to qualified patients.
"Department" means the department of health.
"Inpatient medical services" means services provided to a patient in an approved setting before, during, and after the ingestion of psilocybin and includes a preparation session, an administration session, and an integration session.
"Outpatient medical services" means a treatment, authorization, and monitoring model in which a clinician authorizes a qualified patient to self-administer a microdose of psilocybin outside of an inpatient setting, in accordance with department rules governing dosage, follow-up, and safety.
"Producer" means a person licensed by the department under this chapter to grow, harvest, process, and manufacture psilocybin products from psilocybin-producing mushrooms and to package, repackage, label, or relabel those products for sale to clinicians approved under this chapter.
"Program" means the medical use of psilocybin program.
"Psilocybin" means the naturally occurring psychedelic compound 4-phosphoryloxy-N, N-dimethyltryptamine, also known as 4-PO-DMT, and its pharmacologically active metabolite psilocin, 4-hydroxy-N, N-dimethyltryptamine, found in certain mushrooms, but does not include synthetic or synthetic analogs of psilocybin.
"Qualified patient" means a human patient who is 18 years of age or older and whose clinician has determined, in the exercise of the clinician's professional judgment, that the patient is an appropriate candidate for medical psilocybin treatment under this chapter.
"Qualifying condition" is a diagnosis that is not enumerated in this chapter. The determination of appropriate qualifying conditions rests solely with the prescribing clinician, who assumes all associated professional liability, consistent with state law governing medical conduct, malpractice, and negligence.
"Secretary" means the secretary of health appointed under RCW 43.70.030.
A producer, clinician, or qualified patient is not subject to arrest, prosecution, or penalty for participating in the program.
The following conduct is lawful and does not constitute grounds for detention, search, or arrest of a person or for a violation of probation or parole, and psilocybin that relates to the conduct is not contraband or subject to seizure or forfeiture:
A producer or clinician possessing or transporting not more than an adequate supply of psilocybin for medical purposes as defined by department rule; and
A clinician administering, or a qualified patient taking, psilocybin in an approved setting or as outpatient treatment under a prescription in accordance with this chapter or rules promulgated in accordance with this chapter.
A clinician is not subject to arrest or prosecution or denied any right or privilege for recommending the program or providing medical services authorized in this chapter.
A person is not subject to arrest or prosecution for a psilocybin-related offense for simply being in the presence of the medical use of psilocybin as allowed under the provisions of this chapter.
This chapter does not apply to federal food and drug administration-approved clinical trials.
Nothing in this chapter authorizes the use of psilocybin products for animals or for individuals under 18 years of age.
Participation in the program by a producer, clinician, or qualified patient does not relieve the producer, clinician, or qualified patient from:
Criminal prosecution or civil penalties for activities not authorized in this chapter, including manufacture or delivery of psilocybin products outside of this chapter, which remain subject to chapter 69.50 RCW;
Liability for damages or criminal prosecution arising out of the operation of a motor vehicle if driving while under the influence of psilocybin;
Liability for medical malpractice or negligence arising from the administration, management, or prescription of psilocybin treatment. Participation in the program does not grant clinicians an exemption from any applicable medical liability or malpractice laws and regulations, ensuring that the safety and well-being of patients remain paramount throughout the treatment process.
This chapter may not be construed:
To preclude a local government from enacting an ordinance to decriminalize acts related to psychedelic substances, including psilocybin, or from deprioritizing the enforcement of criminal laws relating to psychedelic substances;
To limit or prohibit religious practices and rights relating to psychedelic substances under the federal religious freedom restoration act.
Psilocybin products authorized under this chapter may be dispensed or distributed only directly to a qualified patient by a clinician approved under this chapter. A third-party pharmacy, distributor, or other intermediary may not dispense or distribute psilocybin products under this chapter.
Distribution of psilocybin products must occur in accordance with protocols for storage, security, chain-of-custody, and recordkeeping adopted by the department by rule under this chapter, rather than by default controlled substance dispensing standards administered by the pharmacy quality assurance commission.
Clinicians and producers are prohibited from entering into arrangements that violate federal or state antikickback, fee-splitting, or physician self-referral laws, including but not limited to the federal Stark law and section 1128B of the social security act.
Any violation of subsection (3) of this section constitutes grounds for disciplinary action under applicable state professional licensing laws and may result in the suspension or revocation of permits issued under this chapter.
Clinicians must maintain records of psilocybin products dispensed or administered under this chapter. The records must include, at a minimum, all of the following:
A unique patient identifier derived from a Washington-issued identification card or other patient identifier specified by the department, together with the patient's name;
The dates the psilocybin was authorized, dispensed, or administered;
The formulation, dosage, and quantity distributed;
The treatment setting and whether it was inpatient or outpatient;
Whether the authorization was a new authorization or a continuation of an existing course of treatment; and
The clinician's signature or electronic authentication.
Records may be maintained in paper or electronic form and need not be integrated into a clinician's primary electronic health record system. Records must be kept in compliance with state and federal privacy and security requirements and must be made available to the department upon request for inspection or audit.
Failure to maintain or provide required records constitutes noncompliance and is grounds for disciplinary action, including suspension or revocation of the clinician's program participation permit.
Clinicians must store psilocybin products in a locked cabinet, safe, or storage room in their office or facility with access limited to authorized staff, in a manner consistent with department rules for secure storage of medications.
Psilocybin products must be delivered directly from producers to clinicians approved under this chapter, with documentation of each shipment maintained by both the producer and the receiving clinician.
Psilocybin products must be handled as any other packaged drug, in accordance with department rules, without additional handling requirements unless specifically required by rule for safety or stability.
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A producer must hold and maintain any licenses required for food processing or food service under state law when psilocybin products are prepared in a facility that is subject to state food processing standards, including any required food processor license issued by the department of agriculture for the food preparation areas.
A producer must comply with all applicable state and federal laws and rules relating to controlled substances, food safety, occupational safety and health, and environmental health, as enforced by the department, the department of agriculture for food preparation standards, and local health jurisdictions.
A producer may contract with an in-state or out-of-state laboratory that is accredited to a standard recognized by the department by rule, such as accreditation under ISO/IEC 17025 or chapter 70.42 RCW, for potency, contamination, and adulteration testing of psilocybin products.
The medical use of psilocybin program is created in the department. In developing the program, the department shall establish:
Necessary initial and ongoing training for producers and clinicians;
Treatment protocols, medical service standards, dosage standards, and approved settings for administration of psilocybin to patients;
Safety protocols for producing psilocybin from mushrooms, transporting, storing, and handling psilocybin, and treating patients;
Other best practices for producers and clinicians;
Requirements for data collection sufficient to monitor compliance, prevent diversion or fraud, and provide aggregate public health information, including clinician prescribing patterns, program utilization, and patient access metrics;
Requirements for data collection for producers to ensure the quality and safety of psilocybin and other formulation ingredients; and
Other requirements, restrictions, and limitations promulgated by the department to ensure an efficacious program.
The department shall monitor producers and clinicians to ensure compliance with this act and rules promulgated in accordance with this chapter. As part of this authority, the department may, at any time, require and conduct an audit, inspection, or records review of any licensed producer or prescribing clinician participating in the program. Such audits may include verification of licensing, prescribing practices, production of records, storage and transport protocols, inventory controls, and any other requirements established by rule. Refusal or failure to comply with an audit request is grounds for disciplinary action, including suspension or revocation of program participation permits.
The department shall issue and regulate at least the following license types under the program:
A producer license authorizing the licensed person to manufacture, process, and package psilocybin products for distribution to clinicians approved under this chapter; and
A clinician participation license authorizing an eligible clinician to dispense and administer psilocybin products to qualified patients under this chapter.
To qualify for a clinician participation license, an applicant must:
Hold an active, unrestricted professional license in good standing and current authority under state law to prescribe legend drugs or controlled substances within the professional's scope of practice;
Meet any minimum training and continuing education requirements established by the department by rule, which may include education specific to psilocybin, trauma-informed care, and management of adverse reactions; and
Submit to a fingerprint-based criminal history background check through the Washington state patrol and federal bureau of investigation, in the form and manner required by the department. The applicant is responsible for all costs associated with the background check.
The department shall establish application, initial license, and renewal fees for producer and clinician participation licenses in amounts sufficient to cover the costs of administering and enforcing this chapter, consistent with RCW 43.70.250 and 43.70.280.
The department may deny, suspend, or revoke a license issued under this chapter for failure to meet licensing requirements or for violation of this chapter or rules adopted under it, consistent with the secretary's authority under chapter 43.70 RCW and applicable professional licensing laws.
The department shall establish, by rule, product formulation and preparation standards for psilocybin products intended for medical use. The rules must be modeled on and consistent with established standards for prescription drug manufacturing, handling, and dispensing within the medical industry. The rules must include, but are not limited to, all of the following:
Product potency verification and dosing accuracy to ensure uniformity at the prescription level;
Contamination and adulteration testing consistent with state and federal standards for pharmaceutical products;
Packaging and labeling requirements that mirror those applicable to prescription medications, including dosage instructions, warning statements, and tamper-evident features; and
Storage, security, and transportation protocols appropriate for controlled substances prescribed in a clinical context.
A producer may not engage in the manufacture, packaging, or sale of psilocybin products under this chapter unless the producer is in full compliance with regulatory requirements under the department and the Washington state department of agriculture. Noncompliance is grounds for suspension or revocation of permits issued under this chapter.
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The department shall promulgate rules for the collection of deidentified prescribing data from clinicians and program participation data from producers. The data must include, in aggregate form, all of the following:
The number of psilocybin authorizations issued;
The number of patients treated;
The treatment setting and whether it was inpatient or outpatient;
The number of repeat authorizations or continuing courses of treatment; and
The number and types of participating clinicians per county.
The data may not include individual patient identifiers or subjective clinical outcomes.
The department shall establish and maintain a secure electronic registry for psilocybin treatments authorized under this chapter. Clinicians must, in the form and manner specified by the department, report for each qualified patient at least a patient identifier derived from a Washington-issued identification card or other identifier authorized by the department, the date of authorization, dosage, and other minimal information necessary to support clinical decision making and program oversight.
The registry must allow a clinician, before authorizing psilocybin for a patient, to determine whether the patient is currently receiving psilocybin treatments under this chapter.
The department may access individually identifiable data from the registry only for program monitoring, investigations, and enforcement under this chapter or in coordination with applicable professional licensing authorities.
Information in the registry is confidential, is not subject to public disclosure under chapter 42.56 RCW, and may not be used for civil or criminal law enforcement purposes except as authorized by state or federal law or pursuant to court order.
The department shall publish an annual compliance and utilization report of the program without assessing or opining on medical efficacy.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
the patient or research subject at the direction and in the presence of the practitioner.
"Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.
"Board" means the Washington state liquor and cannabis board.
"Cannabis" means all parts of the plant , whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis during the growing cycle through harvest and usable cannabis. "Cannabis" does not include hemp or industrial hemp as defined in RCW 15.140.020, or seeds used for licensed hemp production under chapter 15.140 RCW.
"Cannabis concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant and having a THC concentration greater than ten percent.
"Cannabis processor" means a person licensed by the board to process cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products, package and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers.
"Cannabis producer" means a person licensed by the board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.
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"Cannabis products" means useable cannabis, cannabis concentrates, and cannabis-infused products as defined in this section, including any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with any detectable amount of THC.
"Cannabis products" also means any product containing only THC content.
"Cannabis products" does not include cannabis health and beauty aids as defined in RCW 69.50.575 or products approved by the United States food and drug administration.
"Cannabis researcher" means a person licensed by the board to produce, process, and possess cannabis for the purposes of conducting research on cannabis and cannabis-derived drug products.
"Cannabis retailer" means a person licensed by the board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.
"Cannabis-infused products" means products that contain cannabis or cannabis extracts, are intended for human use, are derived from cannabis as defined in subsection (4) of this section, and have a THC concentration no greater than ten percent. The term "cannabis-infused products" does not include either useable cannabis or cannabis concentrates.
"CBD concentration" has the meaning provided in RCW 69.51A.010.
"CBD product" means any product containing or consisting of cannabidiol.
"Commission" means the pharmacy quality assurance commission.
"Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include :
Hemp or industrial hemp as defined in RCW 15.140.020; or
Psilocybin as defined in section 2 of this act if used for medical purposes in accordance with this act.
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"Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
The term does not include:
a controlled substance;
a substance for which there is an approved new drug application;
a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or chapter 69.77 RCW to the extent conduct with respect to the substance is pursuant to the exemption; or
any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
"Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
"Department" means the department of health.
"Designated provider" has the meaning provided in RCW 69.51A.010.
"Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
"Dispenser" means a practitioner who dispenses.
"Distribute" means to deliver other than by administering or dispensing a controlled substance.
"Distributor" means a person who distributes.
"Drug" means (a) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (b) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (c) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (d) controlled substances intended for use as a component of any article specified in (a), (b), or (c) of this subsection. The term does not include devices or their components, parts, or accessories.
"Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.
"Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.
"Immature plant or clone" means a plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter.
"Immediate precursor" means a substance:
that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
"Isomer" means an optical isomer, but in subsection (33)(e) of this section, RCW 69.50.204(1) (l) and (hh), and 69.50.206(2)(d), the term includes any geometrical isomer; in RCW 69.50.204(1) (h) and (pp) and 69.50.210(3), the term includes any positional isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1), the term includes any positional or geometric isomer.
"Lot" means a definite quantity of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.
"Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product.
"Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or 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 substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:
by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
"Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
Poppy straw and concentrate of poppy straw.
Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
Cocaine, or any salt, isomer, or salt of isomer thereof.
Cocaine base.
Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
Any compound, mixture, or preparation containing any quantity of any substance referred to in (a) through (g) of this subsection.
"Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
"Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
"Package" means a container that has a single unit or group of units.
"Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
"Plant" has the meaning provided in RCW 69.51A.010.
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
"Practitioner" means:
A physician under chapter 18.71 RCW; a physician assistant under chapter 18.71A RCW; an osteopathic physician and surgeon under chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010; a dentist under chapter 18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a veterinarian under chapter 18.92 RCW; a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is licensed under RCW 18.36A.030 subject to any limitations in RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her participating physician as defined in RCW 18.71A.010, an advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
"Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
"Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
"Qualifying patient" has the meaning provided in RCW 69.51A.010.
"Recognition card" has the meaning provided in RCW 69.51A.010.
"Retail outlet" means a location licensed by the board for the retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products.
"Secretary" means the secretary of health or the secretary's designee.
"Social equity plan" means a plan that addresses at least some of the elements outlined in this subsection (47), along with any additional plan components or requirements approved by the board following consultation with the task force created in RCW 69.50.336. The plan may include:
A statement that indicates how the cannabis licensee will work to promote social equity goals in their community;
A description of how the cannabis licensee will meet social equity goals as defined in RCW 69.50.335;
The composition of the workforce the licensee has employed or intends to hire; and
Business plans involving partnerships or assistance to organizations or residents with connections to populations with a history of high rates of enforcement of cannabis prohibition.
"State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
"THC concentration" means percent of tetrahydrocannabinol content of any part of the plant , or per volume or weight of cannabis product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant regardless of moisture content.
"Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.
"Unit" means an individual consumable item within a package of one or more consumable items in solid, liquid, gas, or any form intended for human consumption.
"Useable cannabis" means dried cannabis flowers. The term "useable cannabis" does not include either cannabis-infused products or cannabis concentrates.
"Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
the patient or research subject at the direction and in the presence of the practitioner.
"Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.
"Board" means the Washington state liquor and cannabis board.
"Cannabis" means all parts of the plant , whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis during the growing cycle through harvest and usable cannabis. "Cannabis" does not include hemp or industrial hemp as defined in RCW 15.140.020, or seeds used for licensed hemp production under chapter 15.140 RCW.
"Cannabis concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant and having a THC concentration greater than ten percent.
"Cannabis processor" means a person licensed by the board to process cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products, package and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers.
"Cannabis producer" means a person licensed by the board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.
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"Cannabis products" means useable cannabis, cannabis concentrates, and cannabis-infused products as defined in this section, including any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with any detectable amount of THC.
"Cannabis products" also means any product containing only THC content.
"Cannabis products" does not include cannabis health and beauty aids as defined in RCW 69.50.575 or products approved by the United States food and drug administration.
"Cannabis researcher" means a person licensed by the board to produce, process, and possess cannabis for the purposes of conducting research on cannabis and cannabis-derived drug products.
"Cannabis retailer" means a person licensed by the board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.
"Cannabis-infused products" means products that contain cannabis or cannabis extracts, are intended for human use, are derived from cannabis as defined in subsection (4) of this section, and have a THC concentration no greater than ten percent. The term "cannabis-infused products" does not include either useable cannabis or cannabis concentrates.
"CBD concentration" has the meaning provided in RCW 69.51A.010.
"CBD product" means any product containing or consisting of cannabidiol.
"Commission" means the pharmacy quality assurance commission.
"Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include :
Hemp or industrial hemp as defined in RCW 15.140.020; or
Psilocybin as defined in section 2 of this act if used for medical purposes in accordance with this act.
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"Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
The term does not include:
a controlled substance;
a substance for which there is an approved new drug application;
a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or chapter 69.77 RCW to the extent conduct with respect to the substance is pursuant to the exemption; or
any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
"Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
"Department" means the department of health.
"Designated provider" has the meaning provided in RCW 69.51A.010.
"Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
"Dispenser" means a practitioner who dispenses.
"Distribute" means to deliver other than by administering or dispensing a controlled substance.
"Distributor" means a person who distributes.
"Drug" means (a) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (b) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (c) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (d) controlled substances intended for use as a component of any article specified in (a), (b), or (c) of this subsection. The term does not include devices or their components, parts, or accessories.
"Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.
"Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.
"Immature plant or clone" means a plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter.
"Immediate precursor" means a substance:
that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
"Isomer" means an optical isomer, but in subsection (33)(e) of this section, RCW 69.50.204(1) (l) and (hh), and 69.50.206(2)(d), the term includes any geometrical isomer; in RCW 69.50.204(1) (h) and (pp) and 69.50.210(3), the term includes any positional isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1), the term includes any positional or geometric isomer.
"Lot" means a definite quantity of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.
"Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product.
"Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or 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 substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:
by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
"Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
Poppy straw and concentrate of poppy straw.
Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
Cocaine, or any salt, isomer, or salt of isomer thereof.
Cocaine base.
Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
Any compound, mixture, or preparation containing any quantity of any substance referred to in (a) through (g) of this subsection.
"Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
"Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
"Package" means a container that has a single unit or group of units.
"Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
"Plant" has the meaning provided in RCW 69.51A.010.
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
"Practitioner" means:
A physician under chapter 18.71 RCW; a physician assistant under chapter 18.71A RCW; an osteopathic physician and surgeon under chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010; a dentist under chapter 18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a veterinarian under chapter 18.92 RCW; a registered nurse, advanced practice registered nurse, or licensed practical nurse under chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is licensed under RCW 18.36A.030 subject to any limitations in RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her participating physician as defined in RCW 18.71A.010, an advanced practice registered nurse licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
"Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
"Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
"Qualifying patient" has the meaning provided in RCW 69.51A.010.
"Recognition card" has the meaning provided in RCW 69.51A.010.
"Retail outlet" means a location licensed by the board for the retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products.
"Secretary" means the secretary of health or the secretary's designee.
"Social equity plan" means a plan that addresses at least some of the elements outlined in this subsection (47), along with any additional plan components or requirements approved by the board following consultation with the task force created in RCW 69.50.336. The plan may include:
A statement that indicates how the cannabis licensee will work to promote social equity goals in their community;
A description of how the cannabis licensee will meet social equity goals as defined in RCW 69.50.335;
The composition of the workforce the licensee has employed or intends to hire; and
Business plans involving partnerships or assistance to organizations or residents with connections to populations with a history of high rates of enforcement of cannabis prohibition.
"State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
"THC concentration" means percent of tetrahydrocannabinol content of any part of the plant , or per volume or weight of cannabis product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant regardless of moisture content.
"Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.
"Unit" means an individual consumable item within a package of one or more consumable items in solid, liquid, gas, or any form intended for human consumption.
"Useable cannabis" means dried cannabis flowers. The term "useable cannabis" does not include either cannabis-infused products or cannabis concentrates.
"Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults.
This act takes effect July 1, 2028.
Section 12 of this act expires June 30, 2027.
Section 13 of this act takes effect June 30, 2027.
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.