RCW ch. 69.50 — Revised Code of Washington Chapter 69.50 RCW — Uniform Controlled Substances Act

RCW 69.50.101 Definitions. (Effective until June 30, 2027.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "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) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or (b) the patient or research subject at the direction and in the presence of the practitioner. (2) "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. (3) "Board" means the Washington state liquor and cannabis board. (4) "Cannabis" means all parts of the plant Cannabis RCW 69.50.102 Drug paraphernalia—Definitions. (a) [(1)] As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to: (1) [(a)] Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (2) [(b)] Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (3) [(c)] Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; (4) [(d)] Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances; (5) [(e)] Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (6) [(f)] Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances; (7) [(g)] Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis; (8) [(h)] Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances; (9) [(i)] Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; (10) [(j)] Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; (11) [(k)] Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; (12) [(l)] Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as: (i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (ii) Water pipes; (iii) Carburetion tubes and devices; (iv) Smoking and carburetion masks; (v) Roach clips: Meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand; (vi) Miniature cocaine spoons, and cocaine vials; (vii) Chamber pipes; (viii) Carburetor pipes; (ix) Electric pipes; (x) Air-driven pipes; (xi) Chillums; (xii) Bongs; and (xiii) Ice pipes or chillers. (b) [(2)] In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following: (1) [(a)] Statements by an owner or by anyone in control of the object concerning its use; (2) [(b)] Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance; (3) [(c)] The proximity of the object, in time and space, to a direct violation of this chapter; (4) [(d)] The proximity of the object to controlled substances; (5) [(e)] The existence of any residue of controlled substances on the object; (6) [(f)] Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia; (7) [(g)] Instructions, oral or written, provided with the object concerning its use; (8) [(h)] Descriptive materials accompanying the object which explain or depict its use; (9) [(i)] National and local advertising concerning its use; (10) [(j)] The manner in which the object is displayed for sale; (11) [(k)] Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (12) [(l)] Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; (13) [(m)] The existence and scope of legitimate uses for the object in the community; and (14) [(n)] Expert testimony concerning its use. [ 2022 c 16 s 52; 2012 c 117 s 366; 1981 c 48 s 1.] NOTES: Intent— RCW 69.50.201 Enforcement of chapter—Authority to change schedules of controlled substances. (a) [(1)] The commission shall enforce this chapter and may add substances to or delete or reschedule substances listed in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, or 69.50.212 pursuant to the procedures of chapter 34.05 RCW. (1) [(a)] In making a determination regarding a substance, the commission shall consider the following: (i) the actual or relative potential for abuse; (ii) the scientific evidence of its pharmacological effect, if known; (iii) the state of current scientific knowledge regarding the substance; (iv) the history and current pattern of abuse; (v) the scope, duration, and significance of abuse; (vi) the risk to the public health; (vii) the potential of the substance to produce psychic or physiological dependence liability; and (viii) whether the substance is an immediate precursor of a controlled substance. (2) [(b)] The commission may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors. (b) [(2)] After considering the factors enumerated in subsection (a) [(1)] of this section, the commission shall make findings with respect thereto and adopt and cause to be published a rule controlling the substance upon finding the substance has a potential for abuse. (c) [(3)] The commission, without regard to the findings required by subsection (a) [(1)] of this section or RCW 69.50.203, 69.50.205, 69.50.207, 69.50.209, and 69.50.211 or the procedures prescribed by subsections (a) and (b) [(1) and (2)] of this section, may place an immediate precursor in the same schedule in which the controlled substance of which it is an immediate precursor is placed or in any other schedule. If the commission designates a substance as an immediate precursor, substances that are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor. (d) [(4)] If a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the commission shall similarly control the substance under this chapter after the expiration of thirty days from the date of publication in the federal register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. Sec. 811(h), unless within that thirty-day period, the commission or an interested party objects to inclusion, rescheduling, temporary scheduling, or deletion. If no objection is made, the commission shall adopt and cause to be published, without the necessity of making determinations or findings as required by subsection (a) [(1)] of this section or RCW 69.50.203, 69.50.205, 69.50.207, 69.50.209, and 69.50.211, a final rule, for which notice of proposed rule making is omitted, designating, rescheduling, temporarily scheduling, or deleting the substance. If an objection is made, the commission shall make a determination with respect to the designation, rescheduling, or deletion of the substance as provided by subsection (a) [(1)] of this section. Upon receipt of an objection to inclusion, rescheduling, or deletion under this chapter by the commission, the commission shall publish notice of the receipt of the objection, and control under this chapter is stayed until the commission adopts a rule as provided by subsection (a) [(1)] of this section. (e) [(5)] The commission, by rule and without regard to the requirements of subsection (a) [(1)] of this section, may schedule a substance in Schedule I regardless of whether the substance is substantially similar to a controlled substance in Schedule I or II if the commission finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under Section 505 of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 355. Upon receipt of notice under RCW 69.50.214, the commission shall initiate scheduling of the controlled substance analog on an emergency basis pursuant to this subsection. The scheduling of a substance under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the commission shall consider whether the substance has been scheduled on a temporary basis under federal law or factors set forth in subsection (a)(1) [(1)(a)](iv), (v), and (vi) of this section, and may also consider clandestine importation, manufacture, or distribution, and, if available, information concerning the other factors set forth in subsection (a)(1) [(1)(a)] of this section. A rule may not be adopted under this subsection until the commission initiates a rule-making proceeding under subsection (a) [(1)] of this section with respect to the substance. A rule adopted under this subsection must be vacated upon the conclusion of the rule-making proceeding initiated under subsection (a) [(1)] of this section with respect to the substance. (f) [(6)] Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in Titles 66 and 26 RCW. [ 2013 c 19 s 87; 1998 c 245 s 108; 1993 c 187 s 2; 1989 1st ex.s. c 9 s 430; 1986 c 124 s 2; 1971 ex.s. c 308 s 69.50.201.] NOTES: Effective date— RCW 69.50.202 Nomenclature. The controlled substances listed or to be listed in the schedules in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and 69.50.212 are included by whatever official, common, usual, chemical, or trade name designated. [ 1971 ex.s. c 308 s 69.50.202.] RCW 69.50.203 Schedule I tests. (a) [(1)] The commission shall place a substance in Schedule I upon finding that the substance: (1) [(a)] has high potential for abuse; (2) [(b)] has no currently accepted medical use in treatment in the United States; and (3) [(c)] lacks accepted safety for use in treatment under medical supervision. (b) [(2)] The commission may place a substance in Schedule I without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule I of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. [ 2013 c 19 s 88; 1993 c 187 s 3; 1971 ex.s. c 308 s 69.50.203.] RCW 69.50.204 Schedule I. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I: (a) [(1)] Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) [(a)] Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide); (2) [(b)] Acetylmethadol; (3) [(c)] Allylprodine; (4) [(d)] Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM; (5) [(e)] Alphameprodine; (6) [(f)] Alphamethadol; (7) [(g)] Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine); (8) [(h)] Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (9) [(i)] Benzethidine; (10) [(j)] Betacetylmethadol; (11) [(k)] Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide); (12) [(l)] Beta-hydroxy-3-methylfentanyl, some trade or other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide; (13) [(m)] Betameprodine; (14) [(n)] Betamethadol; (15) [(o)] Betaprodine; (16) [(p)] Clonitazene; (17) [(q)] Dextromoramide; (18) [(r)] Diampromide; (19) [(s)] Diethylthiambutene; (20) [(t)] Difenoxin; (21) [(u)] Dimenoxadol; (22) [(v)] Dimepheptanol; (23) [(w)] Dimethylthiambutene; (24) [(x)] Dioxaphetyl butyrate; (25) [(y)] Dipipanone; (26) [(z)] Ethylmethylthiambutene; (27) [(aa)] Etonitazene; (28) [(bb)] Etoxeridine; (29) [(cc)] Furethidine; (30) [(dd)] Hydroxypethidine; (31) [(ee)] Ketobemidone; (32) [(ff)] Levomoramide; (33) [(gg)] Levophenacylmorphan; (34) [(hh)] 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide); (35) [(ii)] 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (36) [(jj)] Morpheridine; (37) [(kk)] MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); (38) [(ll)] Noracymethadol; (39) [(mm)] Norlevorphanol; (40) [(nn)] Normethadone; (41) [(oo)] Norpipanone; (42) [(pp)] Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide); (43) [(qq)] PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine); (44) [(rr)] Phenadoxone; (45) [(ss)] Phenampromide; (46) [(tt)] Phenomorphan; (47) [(uu)] Phenoperidine; (48) [(vv)] Piritramide; (49) [(ww)] Proheptazine; (50) [(xx)] Properidine; (51) [(yy)] Propiram; (52) [(zz)] Racemoramide; (53) [(aaa)] Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide); (54) [(bbb)] Tilidine; (55) [(ccc)] Trimeperidine. (b) [(2)] Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) [(a)] Acetorphine; (2) [(b)] Acetyldihydrocodeine; (3) [(c)] Benzylmorphine; (4) [(d)] Codeine methylbromide; (5) [(e)] Codeine-N-Oxide; (6) [(f)] Cyprenorphine; (7) [(g)] Desomorphine; (8) [(h)] Dihydromorphine; (9) [(i)] Drotebanol; (10) [(j)] Etorphine, except hydrochloride salt; (11) [(k)] Heroin; (12) [(l)] Hydromorphinol; (13) [(m)] Methyldesorphine; (14) [(n)] Methyldihydromorphine; (15) [(o)] Morphine methylbromide; (16) [(p)] Morphine methylsulfonate; (17) [(q)] Morphine-N-Oxide; (18) [(r)] Myrophine; (19) [(s)] Nicocodeine; (20) [(t)] Nicomorphine; (21) [(u)] Normorphine; (22) [(v)] Pholcodine; (23) [(w)] Thebacon. (c) [(3)] Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this subsection only, the term "isomer" includes the optical, position, and geometric isomers: (1) [(a)] Alpha-ethyltryptamine: Some trade or other names: Etryptamine; monase; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; a-ET; and AET; (2) [(b)] 4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names: 4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA; (3) [(c)] 4-bromo-2,5-dimethoxyphenethylamine: Some trade or other names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, nexus; (4) [(d)] 2,5-dimethoxyamphetamine: Some trade or other names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA; (5) [(e)] 2,5-dimethoxy-4-ethylamphetamine (DOET); (6) [(f)] 2,5-dimethoxy-4-(n)-propylthiophenethylamine: Other name: 2C-T-7; (7) [(g)] 4-methoxyamphetamine: Some trade or other names: 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine, PMA; (8) [(h)] 5-methoxy-3,4-methylenedioxy-amphetamine; (9) [(i)] 4-methyl-2,5-dimethoxy-amphetamine: Some trade and other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and "STP"; (10) [(j)] 3,4-methylenedioxy amphetamine; (11) [(k)] 3,4-methylenedioxymethamphetamine (MDMA); (12) [(l)] 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA; (13) [(m)] N-hydroxy-3,4-methylenedioxyamphetamine also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine,N-hydroxy MDA; (14) [(n)] 3,4,5-trimethoxy amphetamine; (15) [(o)] Alpha-methyltryptamine: Other name: AMT; (16) [(p)] Bufotenine: Some trade or other names: 3-(beta-Dimethylaminoethyl)-5-hydroxindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine; (17) [(q)] Cannabis; (18) [(r)] Diethyltryptamine: Some trade or other names: N,N-Diethyltryptamine; DET; (19) [(s)] Dimethyltryptamine: Some trade or other names: DMT; (20) [(t)] 5-methoxy-N,N-diisopropyltryptamine: Other name: 5-MeO-DIPT; (21) [(u)] Ibogaine: Some trade or other names: 7-Ethyl-6,6 beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5H-pyndo (1',2' 1,2) azepino (5,4-b) indole; Tabernanthe iboga; (22) [(v)] Lysergic acid diethylamide; (23) [(w)] Mescaline; (24) [(x)] Parahexyl-7374: Some trade or other names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo[b,d]pyran; synhexyl; (25) [(y)] Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c), Schedule I (c)(12)); (26) [(z)] N-ethyl-3-piperidyl benzilate; (27) [(aa)] N-methyl-3-piperidyl benzilate; (28) [(bb)] Psilocybin; (29) [(cc)] Psilocyn; (30) [(dd)](i) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genera Cannabis, as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of the genera Cannabis, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: (A) 1 - cis - or trans tetrahydrocannabinol, and their optical isomers, excluding tetrahydrocannabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration; (B) 6 - cis - or trans tetrahydrocannabinol, and their optical isomers; (C) 3,4 - cis - or trans tetrahydrocannabinol, and its optical isomers; or (D) That is chemically synthesized and either: (I) Has been demonstrated to have binding activity at one or more cannabinoid receptors; or (II) Is a chemical analog or isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors; (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.) (ii) Hemp and industrial hemp, as defined in RCW 15.140.020, are excepted from the categories of controlled substances identified under this section; (31) [(ee)] Ethylamine analog of phencyclidine: Some trade or other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE; (32) [(ff)] Pyrrolidine analog of phencyclidine: Some trade or other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP; (33) [(gg)] Thiophene analog of phencyclidine: Some trade or other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP; (34) [(hh)] 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name is TCPy. (d) [(4)] Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. (1) [(a)] Gamma-hydroxybutyric acid: Some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate; (2) [(b)] Mecloqualone; (3) [(c)] Methaqualone. (e) [(5)] Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: (1) [(a)] Aminorex: Some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4, 5-dihydro-5-phenly-2-oxazolamine; (2) [(b)] N-Benzylpiperazine: Some other names: BZP,1-benzylpiperazine; (3) [(c)] Cathinone, also known as 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone; (4) [(d)] Fenethylline; (5) [(e)] Methcathinone: Some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of optical isomers; (6) [(f)] (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine); (7) [(g)] N-ethylamphetamine; (8) [(h)] N,N-dimethylamphetamine: Some trade or other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenoethylene. The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201. [ 2022 c 16 s 53; 2019 c 158 s 13; 2015 2nd sp.s. c 4 s 1203; 2010 c 177 s 2; 1993 c 187 s 4; 1986 c 124 s 3; 1980 c 138 s 1; 1971 ex.s. c 308 s 69.50.204.] NOTES: Intent— RCW 69.50.205 Schedule II tests. (a) [(1)] The commission shall place a substance in Schedule II upon finding that: (1) [(a)] the substance has high potential for abuse; (2) [(b)] the substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) [(c)] the abuse of the substance may lead to severe psychological or physical dependence. (b) [(2)] The commission may place a substance in Schedule II without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule II of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. [ 2013 c 19 s 89; 1993 c 187 s 5; 1971 ex.s. c 308 s 69.50.205.] RCW 69.50.206 Schedule II. (a) [(1)] The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II. (b) [(2)] Substances. (Vegetable origin or chemical synthesis.) Unless specifically excepted, any of the following substances, except those listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis: (1) [(a)] Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective salts, but including the following: (i) Raw opium; (ii) Opium extracts; (iii) Opium fluid; (iv) Powdered opium; (v) Granulated opium; (vi) Tincture of opium; (vii) Codeine; (viii) Dihydroetorphine; (ix) Ethylmorphine; (x) Etorphine hydrochloride; (xi) Hydrocodone; (xii) Hydromorphone; (xiii) Metopon; (xiv) Morphine; (xv) Oripavine; (xvi) Oxycodone; (xvii) Oxymorphone; and (xviii) Thebaine. (2) [(b)] Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subsection (b)(1) [(2)(a)] of this section, but not including the isoquinoline alkaloids of opium. (3) [(c)] Opium poppy and poppy straw. (4) [(d)] Coca leaves and any salt, compound, derivative, or preparation of coca leaves including cocaine and ecgonine, and their salts, isomers, derivatives, and salts of isomers and derivatives, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (5) [(e)] Concentrate of poppy straw (The crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.) (c) [(3)] Opiates. Unless specifically excepted or unless in another schedule, any of the following synthetic opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted: (1) [(a)] Alfentanil; (2) [(b)] Alphaprodine; (3) [(c)] Anileridine; (4) [(d)] Bezitramide; (5) [(e)] Bulk dextropropoxyphene (nondosage forms); (6) [(f)] Carfentanil; (7) [(g)] Dihydrocodeine; (8) [(h)] Diphenoxylate; (9) [(i)] Fentanyl; (10) [(j)] Isomethadone; (11) [(k)] Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM; (12) [(l)] Levomethorphan; (13) [(m)] Levorphanol; (14) [(n)] Metazocine; (15) [(o)] Methadone; (16) [(p)] Methadone— RCW 69.50.207 Schedule III tests. (a) [(1)] The commission shall place a substance in Schedule III upon finding that: (1) [(a)] the substance has a potential for abuse less than the substances included in Schedules I and II; (2) [(b)] the substance has currently accepted medical use in treatment in the United States; and (3) [(c)] abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. (b) [(2)] The commission may place a substance in Schedule III without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule III of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. [ 2013 c 19 s 90; 1993 c 187 s 7; 1971 ex.s. c 308 s 69.50.207.] RCW 69.50.208 Schedule III. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule III: (a) [(1)] Stimulants. Any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, whether optical, position, or geometric, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) [(a)] Any compound, mixture, or preparation in dosage unit form containing any stimulant substance included in Schedule II and which was listed as an excepted compound on August 25, 1971, pursuant to the federal Controlled Substances Act, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except for containing a lesser quantity of controlled substances; (2) [(b)] Benzphetamine; (3) [(c)] Chlorphentermine; (4) [(d)] Clortermine; (5) [(e)] Phendimetrazine. (b) [(2)] Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: (1) [(a)] Any compound, mixture, or preparation containing: (i) Amobarbital; (ii) Secobarbital; (iii) Pentobarbital; or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule; (2) [(b)] Any suppository dosage form containing: (i) Amobarbital; (ii) Secobarbital; (iii) Pentobarbital; or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository; (3) [(c)] Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid; (4) [(d)] Chlorhexadol; (5) [(e)] Embutramide; (6) [(f)] Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal food, drug, and cosmetic act; (7) [(g)] Ketamine, its salts, isomers, and salts of isomers, some other names for ketamine: (<plus-minus>)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone; (8) [(h)] Lysergic acid; (9) [(i)] Lysergic acid amide; (10) [(j)] Methyprylon; (11) [(k)] Sulfondiethylmethane; (12) [(l)] Sulfonethylmethane; (13) [(m)] Sulfonmethane; (14) [(n)] Tiletamine and zolazepam or any of their salts— RCW 69.50.209 Schedule IV tests. (a) [(1)] The commission shall place a substance in Schedule IV upon finding that: (1) [(a)] the substance has a low potential for abuse relative to substances in Schedule III; (2) [(b)] the substance has currently accepted medical use in treatment in the United States; and (3) [(c)] abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances included in Schedule III. (b) [(2)] The commission may place a substance in Schedule IV without making the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule IV of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. [ 2013 c 19 s 92; 1993 c 187 s 9; 1971 ex.s. c 308 s 69.50.209.] RCW 69.50.210 Schedule IV. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule IV: (a) [(1)] Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (1) [(a)] Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. (2) [(b)] Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane). (b) [(2)] Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) [(a)] Alprazolam; (2) [(b)] Barbital; (3) [(c)] Bromazepam; (4) [(d)] Camazepam; (5) [(e)] Carisoprodol; (6) [(f)] Chloral betaine; (7) [(g)] Chloral hydrate; (8) [(h)] Chlordiazepoxide; (9) [(i)] Clobazam; (10) [(j)] Clonazepam; (11) [(k)] Clorazepate; (12) [(l)] Clotiazepam; (13) [(m)] Cloxazolam; (14) [(n)] Delorazepam; (15) [(o)] Diazepam; (16) [(p)] Dichloralphenazone; (17) [(q)] Estazolam; (18) [(r)] Ethchlorvynol; (19) [(s)] Ethinamate; (20) [(t)] Ethyl loflazepate; (21) [(u)] Fludiazepam; (22) [(v)] Flunitrazepam; (23) [(w)] Flurazepam; (24) [(x)] Halazepam; (25) [(y)] Haloxazolam; (26) [(z)] Ketazolam; (27) [(aa)] Loprazolam; (28) [(bb)] Lorazepam; (29) [(cc)] Lormetazepam; (30) [(dd)] Mebutamate; (31) [(ee)] Medazepam; (32) [(ff)] Meprobamate; (33) [(gg)] Methohexital; (34) [(hh)] Methylphenobarbital (mephobarbital); (35) [(ii)] Midazolam; (36) [(jj)] Nimetazepam; (37) [(kk)] Nitrazepam; (38) [(ll)] Nordiazepam; (39) [(mm)] Oxazepam; (40) [(nn)] Oxazolam; (41) [(oo)] Paraldehyde; (42) [(pp)] Petrichloral; (43) [(qq)] Phenobarbital; (44) [(rr)] Pinazepam; (45) [(ss)] Prazepam; (46) [(tt)] Quazepam; (47) [(uu)] Temazepam; (48) [(vv)] Tetrazepam; (49) [(ww)] Triazolam; (50) [(xx)] Zaleplon; (51) [(yy)] Zolpidem; and (52) [(zz)] Zopiclone. (c) [(3)] Fenfluramine. Any material, compound, mixture, or preparation containing any quantity of the following substance, including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: Fenfluramine. (d) [(4)] Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers: (1) [(a)] Cathine((+)norpseudoephedrine); (2) [(b)] Diethylpropion; (3) [(c)] Fencamfamin; (4) [(d)] Fenproporex; (5) [(e)] Mazindol; (6) [(f)] Mefenorex; (7) [(g)] Modafinil; (8) [(h)] Pemoline (including organometallic complexes and chelates thereof); (9) [(i)] Phentermine; (10) [(j)] Pipradrol; (11) [(k)] Sibutramine; (12) [(l)] SPA ((-)-1-dimethylamino-1, 2-dephenylethane). (e) [(5)] Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substance, including its salts: (1) [(a)] Pentazocine; (2) [(b)] Butorphanol, including its optical isomers. The commission may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) [(2)] of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a depressant effect on the central nervous system. The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201. [ 2013 c 19 s 93; 2010 c 177 s 5; 1993 c 187 s 10; 1986 c 124 s 6; 1981 c 147 s 2; 1980 c 138 s 4; 1971 ex.s. c 308 s 69.50.210.] NOTES: Commission may change schedules of controlled substances: RCW 69.50.201. RCW 69.50.211 Schedule V tests. (a) [(1)] The commission shall place a substance in Schedule V upon finding that: (1) [(a)] the substance has low potential for abuse relative to the controlled substances included in Schedule IV; (2) [(b)] the substance has currently accepted medical use in treatment in the United States; and (3) [(c)] abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances included in Schedule IV. (b) [(2)] The commission may place a substance in Schedule V without being required to make the findings required by subsection (a) [(1)] of this section if the substance is controlled under Schedule V of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. [ 2013 c 19 s 94; 1993 c 187 s 11; 1971 ex.s. c 308 s 69.50.211.] RCW 69.50.212 Schedule V. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule V: (a) [(1)] Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in this subsection, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) [(a)] Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams; (2) [(b)] Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams; (3) [(c)] Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams; (4) [(d)] Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) [(e)] Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; (6) [(f)] Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. (b) [(2)] Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: Pyrovalerone. (c) [(3)] Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts: (1) [(a)] Lacosamid, [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide]; (2) [(b)] Pregabalin{(S)-3-(aminomethyl)-5-methylhexanoic acid}. The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201. [ 2010 c 177 s 6; 1993 c 187 s 12; 1986 c 124 s 7; 1980 c 138 s 5; 1971 ex.s. c 308 s 69.50.212.] NOTES: Pharmacy quality assurance commission may change schedules of controlled substances: RCW 69.50.201. RCW 69.50.213 Republishing of schedules. The commission shall publish updated schedules annually. Failure to publish updated schedules is not a defense in any administrative or judicial proceeding under this chapter. [ 2013 c 19 s 95; 1993 c 187 s 13; 1971 ex.s. c 308 s 69.50.213.] RCW 69.50.214 Controlled substance analog. A controlled substance analog, to the extent intended for human consumption, shall be treated, for the purposes of this chapter, as a substance included in Schedule I. Within thirty days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the commission of information relevant to emergency scheduling as provided for in RCW 69.50.201(e) [(5)]. After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place. [ 2013 c 19 s 96; 1993 c 187 s 14.] RCW 69.50.301 Rules—Fees. The commission may adopt rules and the department may charge reasonable fees, relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state. [ 2013 c 19 s 97; 1993 c 187 s 15; 1991 c 229 s 9; 1989 1st ex.s. c 9 s 431; 1971 ex.s. c 308 s 69.50.301.] NOTES: Effective date— RCW 69.50.302 Registration requirements. (1) Every person who manufactures, distributes, or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this state, shall obtain annually a registration issued by the commission in accordance with the commission's rules. (2) A person registered by the commission under this chapter to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by the registration and in conformity with this Article. (3) The following persons need not register and may lawfully possess controlled substances under this chapter: (a) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if the agent or employee is acting in the usual course of business or employment. This exemption shall not include any agent or employee distributing sample controlled substances to practitioners without an order; (b) A common or contract carrier or warehouse operator, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment; (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a substance included in Schedule V. (4) The commission may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers upon finding it consistent with the public health and safety. Personal practitioners licensed or registered in the state of Washington under the respective professional licensing acts shall not be required to be registered under this chapter unless the specific exemption is denied pursuant to RCW 18.64.022 and 18.64.026 for violation of any provisions of this chapter. (5) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances. (6) The department, at the direction of the commission, may inspect the establishment of a registrant or applicant for registration in accordance with rules adopted by the commission. [ 2024 c 121 s 45; 2013 c 19 s 98; 2011 c 336 s 839; 1993 c 187 s 16; 1989 1st ex.s. c 9 s 432; 1971 ex.s. c 308 s 69.50.302.] NOTES: Effective date— RCW 69.50.303 Registration. (1) The commission shall register an applicant to manufacture, distribute, dispense, or conduct research with controlled substances included in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and 69.50.212 unless the commission determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the commission shall consider the following factors: (a) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research, or industrial channels; (b) compliance with applicable state and local law; (c) promotion of technical advances in the art of manufacturing controlled substances and the development of new substances; (d) any convictions of the applicant under any laws of another country or federal or state laws relating to any controlled substance; (e) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research, or industrial channels; (f) furnishing by the applicant of false or fraudulent material in any application filed under this chapter; (g) suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and (h) any other factors relevant to and consistent with the public health and safety. (2) Registration under subsection (1) of this section does not entitle a registrant to manufacture or distribute controlled substances included in Schedule I or II other than those specified in the registration. (3) Practitioners must be registered, or exempted under RCW 69.50.302(4), to dispense any controlled substances or to conduct research with controlled substances included in Schedules II through V if they are authorized to dispense or conduct research under the law of this state. The commission need not require separate registration under this Article for practitioners engaging in research with nonnarcotic substances included in Schedules II through V where the registrant is already registered under this Article in another capacity. Practitioners registered under federal law to conduct research with substances included in Schedule I may conduct research with substances included in Schedule I within this state upon furnishing the commission evidence of that federal registration. (4) A manufacturer or distributor registered under the federal Controlled Substances Act, 21 U.S.C. Sec. 801 et seq., may submit a copy of the federal application as an application for registration as a manufacturer or distributor under this section. The commission may require a manufacturer or distributor to submit information in addition to the application for registration under the federal act. [ 2024 c 121 s 46; 2013 c 19 s 99; 1993 c 187 s 17; 1989 1st ex.s. c 9 s 433; 1971 ex.s. c 308 s 69.50.303.] NOTES: Effective date— RCW 69.50.304 Denial and discipline of registration—Seizure or placement under seal of controlled substances. (1) This chapter and chapter 18.64 RCW govern the denial of registrations and the discipline of registrations issued under RCW 69.50.303. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice of persons required to obtain a registration under this chapter. (2) In addition to any other grounds, the commission may take action against the registration, or exemption from registration, under RCW 69.50.303 to manufacture, distribute, dispense, or conduct research with a controlled substance upon finding that the registrant has: (a) furnished false or fraudulent material information in any application filed under this chapter; (b) been convicted of a felony under any state or federal law relating to any controlled substance; (c) had the registrant's federal registration suspended or revoked and is no longer authorized by federal law to manufacture, distribute, dispense, or conduct research with controlled substances; or (d) committed acts that would render registration under RCW 69.50.303 inconsistent with the public interest as determined under that section. (3) The commission may limit revocation or suspension of a registration to the particular controlled substance or schedule of controlled substances, with respect to which grounds for revocation or suspension exist. (4) If the commission suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the state. (5) The commission may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner contemplated by the registration. The controlled substance must be held for the benefit of the registrant or the registrant's successor in interest. The commission shall notify a registrant, or the registrant's successor in interest, who has any controlled substance seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The commission may not dispose of any controlled substance seized or placed under seal under this subsection until the expiration of 180 days after the controlled substance was seized or placed under seal. The costs incurred by the commission in seizing, placing under seal, maintaining custody, and disposing of any controlled substance under this subsection may be recovered from the registrant, any proceeds obtained from the disposition of the controlled substance, or from both. Any balance remaining after the costs have been recovered from the proceeds of any disposition must be delivered to the registrant or the registrant's successor in interest. (6) The commission shall promptly notify the drug enforcement administration of all orders restricting, suspending, or revoking registration and all forfeitures of controlled substances. [ 2024 c 121 s 47; 2013 c 19 s 100; 1993 c 187 s 18; 1989 1st ex.s. c 9 s 434; 1986 c 124 s 8; 1971 ex.s. c 308 s 69.50.304.] NOTES: Effective date— RCW 69.50.306 Records of registrants. Persons registered, or exempted from registration under RCW 69.50.302(d) [(4)], to manufacture, distribute, dispense, or administer controlled substances under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the commission issues. [ 2013 c 19 s 102; 1971 ex.s. c 308 s 69.50.306.] RCW 69.50.308 Prescriptions. (a) [(1)] A controlled substance may be dispensed only as provided in this section. Prescriptions electronically communicated must also meet the requirements under RCW 69.50.312. (b) [(2)] Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user, a substance included in Schedule II may not be dispensed without the written or electronically communicated prescription of a practitioner. (1) [(a)] Schedule II narcotic substances may be dispensed by a pharmacy pursuant to a facsimile prescription under the following circumstances: (i) The facsimile prescription is transmitted by a practitioner to the pharmacy; and (ii) The facsimile prescription is for a patient in a long-term care facility or a hospice program; and (iii) The practitioner or the practitioner's agent notes on the facsimile prescription that the patient is a long-term care or hospice patient. (2) [(b)] Injectable Schedule II narcotic substances that are to be compounded for patient use may be dispensed by a pharmacy pursuant to a facsimile prescription if the facsimile prescription is transmitted by a practitioner to the pharmacy. (3) [(c)] Under (1) and (2) [(a) and (b)] of this subsection the facsimile prescription shall serve as the original prescription and shall be maintained as other Schedule II narcotic substances prescriptions. (c) [(3)] In emergency situations, as defined by rule of the commission, a substance included in Schedule II may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of RCW 69.50.306. (d) [(4)] A prescription for a substance included in Schedule II may not be refilled. A prescription for a substance included in Schedule II may not be filled more than six months after the date the prescription was issued. (e) [(5)] Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user, a substance included in Schedule III, IV, or V, which is a prescription drug as determined under RCW 69.04.560, may not be dispensed without a written, oral, or electronically communicated prescription of a practitioner. Any oral prescription must be promptly reduced to writing. (f) [(6)] A written, oral, or electronically communicated prescription for a substance included in Schedule III, IV, or V, which is a prescription drug as determined under RCW 69.04.560, for a resident in a long-term care facility or hospice program may be communicated to the pharmacy by an authorized agent of the prescriber. A registered nurse, pharmacist, or physician practicing in a long-term care facility or hospice program may act as the practitioner's agent for purposes of this section, without need for a written agency agreement. (g) [(7)] The prescription for a substance included in Schedule III, IV, or V may not be filled or refilled more than six months after the date issued by the practitioner or be refilled more than five times, unless renewed by the practitioner. (h) [(8)] A valid prescription or lawful order of a practitioner, in order to be effective in legalizing the possession of controlled substances, must be issued in good faith for a legitimate medical purpose by one authorized to prescribe the use of such controlled substance. An order purporting to be a prescription not in the course of professional treatment is not a valid prescription or lawful order of a practitioner within the meaning and intent of this chapter; and the person who knows or should know that the person is filling such an order, as well as the person issuing it, can be charged with a violation of this chapter. (i) [(9)] A substance included in Schedule V must be distributed or dispensed only for a medical purpose. (j) [(10)] A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession. Medical treatment includes dispensing or administering a narcotic drug for pain, including intractable pain. (k) [(11)] No administrative sanction, or civil or criminal liability, authorized or created by this chapter may be imposed on a pharmacist for action taken in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research. (l) [(12)] An individual practitioner may not dispense a substance included in Schedule II, III, or IV for that individual practitioner's personal use. (4) [(13)] For the purposes of this section, the terms "long-term care facility" and "hospice program" have the meaning[s] provided in RCW 18.64.011. [ 2016 c 148 s 8; 2013 c 276 s 3; 2013 c 19 s 103; 2012 c 10 s 46; 2001 c 248 s 1; 1993 c 187 s 19; 1971 ex.s. c 308 s 69.50.308.] NOTES: Reviser's note: RCW 69.50.309 Containers. A person to whom or for whose use any controlled substance has been prescribed, sold, or dispensed by a practitioner, and the owner of any animal for which such controlled substance has been prescribed, sold, or dispensed may lawfully possess it only in the container in which it was delivered to him or her by the person selling or dispensing the same. [ 2012 c 117 s 367; 1971 ex.s. c 308 s 69.50.309.] RCW 69.50.310 Sodium pentobarbital—Registration of humane societies and animal control agencies for use in animal control. On and after September 21, 1977, a humane society and animal control agency may apply to the commission for registration pursuant to the applicable provisions of this chapter for the sole purpose of being authorized to purchase, possess, and administer sodium pentobarbital to euthanize injured, sick, homeless, or unwanted domestic pets and animals. Any agency so registered shall not permit a person to administer sodium pentobarbital unless such person has demonstrated adequate knowledge of the potential hazards and proper techniques to be used in administering this drug. The commission may issue a limited registration to carry out the provisions of this section. Chapter 18.64 RCW governs the denial of licenses and the discipline of registrations issued under this chapter. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice of persons required to obtain a registration under this chapter. [ 2024 c 121 s 48; 2013 c 19 s 104; 1989 1st ex.s. c 9 s 435; 1977 ex.s. c 197 s 1.] NOTES: Effective date— RCW 69.50.311 Triplicate prescription form program—Compliance by health care practitioners. Any licensed health care practitioner with prescription or dispensing authority shall, as a condition of licensure and as directed by the practitioner's disciplinary board, consent to the requirement, if imposed, of complying with a triplicate prescription form program as may be established by rule by the department of health. [ 1989 1st ex.s. c 9 s 436; 1984 c 153 s 20.] NOTES: Effective date— RCW 69.50.312 Electronic communication of prescription information—Exceptions—Waiver—Penalty—Commission may adopt rules. (1) Information concerning a prescription for a controlled substance included in Schedules II through V, or information concerning a refill authorization for a controlled substance included in Schedules III through V, must be electronically communicated to a pharmacy of the patient's choice pursuant to the provisions of this chapter if the electronically communicated prescription information complies with the following: (a) Electronically communicated prescription information must comply with all applicable statutes and rules regarding the form, content, recordkeeping, and processing of a prescription for a legend drug; (b) Prescription drug orders may be released only to the patient or the patient's authorized representative, the prescriber or other authorized practitioner then caring for the patient, or other persons specifically authorized by law to receive such information; (c) The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order received by way of electronic transmission, consistent with federal and state laws and rules and guidelines of the commission. (2) The following are exempt from subsection (1) of this section: (a) Prescriptions issued by veterinarians, as that practice is defined in RCW 18.92.010; (b) Prescriptions issued for a patient of a long-term care facility as defined in RCW 18.64.011, or a hospice program as defined in RCW 18.64.011; (c) When the electronic system used for the communication of prescription information is unavailable due to a temporary technological or electronic failure; (d) Prescriptions issued that are intended for prescription fulfillment and dispensing outside Washington state; (e) When the prescriber and pharmacist are employed by the same entity, or employed by entities under common ownership or control; (f) Prescriptions issued for a drug that the United States food and drug administration or