Title 69, FOOD, DRUGS, COSMETICS, AND POISONS

The board must use expedited rule making under RCW 34.05.353 to replace the term "marijuana" with the term "cannabis" throughout Title 314 WAC. [ 2022 c 16 s 168.] Notes: Intent—Finding—2022 c 16: See note following RCW 69.50.101.

The term "marijuana" as used under federal law generally refers to the term "cannabis" used throughout the Revised Code of Washington. [ 2022 c 16 s 169.] Notes: Intent—Finding—2022 c 16: See note following RCW 69.50.101.

This chapter may be cited as the Controlled Substances Therapeutic Research Act. [ 1979 c 136 s 1.]

The legislature finds that recent research has shown that the use of cannabis may alleviate the nausea and ill effects of cancer chemotherapy and radiology, and, additionally, may alleviate the ill effects of glaucoma. The legislature further finds that there is a need for furthe…

As used in this chapter: (1) "Cannabis" means all parts of the plant of the genus Cannabis L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its s…

(1) There is established in the commission the controlled substances therapeutic research program. The program shall be administered by the department. The commission shall promulgate rules necessary for the proper administration of the Controlled Substances Therapeutic Research …

(1) The commission shall appoint a patient qualification review committee to serve at its pleasure. The patient qualification review committee shall be comprised of: (a) A physician licensed to practice medicine in Washington state and specializing in the practice of ophthalmolog…

(1) The commission shall obtain cannabis through whatever means it deems most appropriate and consistent with regulations promulgated by the United States food and drug administration, the drug enforcement agency, and the national institute on drug abuse, and pursuant to the prov…

(1) The enumeration of tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols in RCW 69.50.204 as a Schedule I controlled substance does not apply to the use of cannabis, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols by certified patie…

(1) The legislature finds that: (a) There is medical evidence that some patients with terminal or debilitating medical conditions may, under their health care professional's care, benefit from the medical use of cannabis. Some of the conditions for which cannabis appears to be be…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Authorization" means a form developed by the department that is completed and signed by a qualifying patient's health care professional and printed on tamper-resis…

(1) The following acts do not constitute crimes under state law or unprofessional conduct under chapter 18.130 RCW, and a health care professional may not be arrested, searched, prosecuted, disciplined, or subject to other criminal sanctions or civil consequences or liability und…

The medical use of cannabis in accordance with the terms and conditions of this chapter does not constitute a crime and a qualifying patient or designated provider in compliance with the terms and conditions of this chapter may not be arrested, prosecuted, or subject to other cri…

(1) A qualifying patient or designated provider in possession of plants, cannabis concentrates, useable cannabis, or cannabis-infused products exceeding the limits set forth in this chapter but otherwise in compliance with all other terms and conditions of this chapter may establ…

(1) The lawful possession or manufacture of medical cannabis as authorized by this chapter shall not result in the forfeiture or seizure of any property. (2) No person shall be prosecuted for constructive possession, conspiracy, or any other criminal offense solely for being in t…

(1)(a) The arrest and prosecution protections established in RCW 69.51A.040 may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department, including local governments or jails, that has determined that the…

(1) It shall be a class 3 civil infraction to use or display medical cannabis in a manner or place which is open to the view of the general public. (2) Nothing in this chapter establishes a right of care as a covered benefit or requires any state purchased health care as defined …

(1) A qualifying patient may revoke his or her designation of a specific designated provider and designate a different designated provider at any time. A revocation of designation must be in writing, signed and dated, and provided to the designated provider and, if applicable, th…

A qualifying patient's medical use of cannabis as authorized by a health care professional may not be a sole disqualifying factor in determining the patient's suitability for an organ transplant, unless it is shown that this use poses a significant risk of rejection or organ fail…

A qualifying patient or designated provider may not have his or her parental rights or residential time with a child restricted solely due to his or her medical use of cannabis in compliance with the terms of this chapter absent written findings supported by evidence that such us…

(1) No civil or criminal liability may be imposed by any court on the state or its officers and employees for actions taken in good faith under this chapter and within the scope of their assigned duties. (2) No civil or criminal liability may be imposed by any court on cities, to…

As part of authorizing a qualifying patient or designated provider, the health care professional may include recommendations on the amount of cannabis that is likely needed by the qualifying patient for his or her medical needs and in accordance with this section. (1) If the heal…

(1) Health care professionals may authorize the medical use of cannabis for qualifying patients who are under the age of eighteen if: (a) The minor's parent or guardian participates in the minor's treatment and agrees to the medical use of cannabis by the minor; and (b) The paren…

(1) Beginning January 1, 2027, hospitals licensed under chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW, except for nursing homes operated by a residential habilitation center under RCW 71A.20.010, and hospice care centers licensed under chapter 70.127 RCW shall…

A school district must permit a student who meets the requirements of RCW 69.51A.220 to consume cannabis-infused products on school grounds, aboard a school bus, or while attending a school-sponsored event. The use must be in accordance with school policy relating to medical cann…

(1) The department must contract with an entity to create, administer, and maintain a secure and confidential medical cannabis authorization database that allows: (a) A cannabis retailer with a medical cannabis endorsement to add a qualifying patient or designated provider and in…

The compassionate care renewals permitted in RCW 69.51A.030 and 69.51A.230 take effect November 1, 2019. The department may adopt rules to implement these renewals and to streamline administrative functions. However, the policy established in these sections may not be delayed unt…

(1) It is unlawful for a person to knowingly or intentionally: (a) Access the medical cannabis authorization database for any reason not authorized under RCW 69.51A.230; (b) Disclose any information received from the medical cannabis authorization database in violation of RCW 69.…

(1) Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process cannabis only for the medical use of members of the cooperative. No more than four qualifying patients or design…

(1) Notwithstanding any other provision of this chapter and even if multiple qualifying patients or designated providers reside in the same housing unit, no more than fifteen plants may be grown or located in any one housing unit other than a cooperative established pursuant to R…

(1) Once the state liquor and cannabis board adopts rules under subsection (2) of this section, qualifying patients or designated providers may only extract or separate the resin from cannabis or produce or process any form of cannabis concentrates or cannabis-infused products in…

Neither this chapter nor chapter 69.50 RCW prohibits a health care professional from selling or donating topical, noningestible products that have a THC concentration of less than .3 percent to qualifying patients. [ 2015 c 70 s 35.] Notes: Effective date—2015 c 70 ss 12, 19, 20,…

A medical cannabis consultant certificate is hereby established. (1) In addition to any other authority provided by law, the secretary of the department may: (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter; (b) Establish forms and proced…

The board of naturopathy, the board of osteopathic medicine and surgery, the Washington medical commission, and the state board of nursing shall develop and approve continuing education programs related to the use of cannabis for medical purposes for the health care providers tha…

Qualifying patients and designated providers, who hold a recognition card and have been entered into the medical cannabis authorization database, may purchase immature plants or clones from a licensed cannabis producer as defined in RCW 69.50.101. Qualifying patients and designat…

This chapter may be known and cited as the Washington state medical use of cannabis act. [ 2011 c 181 s 1106; 1999 c 2 s 1 (Initiative Measure No. 692, approved November 3, 1998).]

The legislature finds that imitation controlled substances are being manufactured to imitate the appearance of the dosage units of controlled substances for sale to school-age youths and others to facilitate the fraudulent sale of controlled substances. The legislature further fi…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Controlled substance" means a substance as that term is defined in chapter 69.50 RCW. (2) "Distribute" means the actual or constructive transfer (or attempted transf…

(1) It is unlawful for any person to manufacture, distribute, or possess with intent to distribute, an imitation controlled substance. Any person who violates this subsection shall, upon conviction, be guilty of a class C felony. (2) Any person eighteen years of age or over who v…

Imitation controlled substances shall be subject to seizure, forfeiture, and disposition in the same manner as are controlled substances under RCW 69.50.505. [ 1982 c 171 s 5.]

Whenever an imitation controlled substance which is manufactured, distributed, or possessed in violation of this chapter is seized at rental premises, the law enforcement agency shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord…

The attorney general is authorized to apply for injunctive action against a manufacturer or distributor of imitation controlled substances in this state. [ 1982 c 171 s 6.]

Any manufacturer of controlled substances licensed or registered in a state requiring such licensure or registration, may bring injunctive or other action against a manufacturer or distributor of imitation controlled substances in this state. [ 1982 c 171 s 7.]

(1) If a juvenile thirteen years of age or older and under the age of twenty-one is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment, unless …

This act shall take effect on July 1, 1982. [ 1982 c 171 s 10.]

(1) It is unlawful for any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, to knowingly rent, lease, or make available for use, with or without compensation, the building, ro…