Title 69 — Title 69 FOOD, DRUGS, COSMETICS, AND POISONS
31 chapters · 620 sections in this title.
RCW 69.50.602 Continuation of rules.
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Any orders and rules promulgated under any law affected by this chapter and in effect on May 21, 1971 and not in conflict with it continue in effect until modified, superseded or repealed.[ 1971 ex.s. c 308 s 69.50.602.]
RCW 69.50.603 Uniformity of interpretation.
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This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.[ 1971 ex.s. c 308 s 69.50.603.]
RCW 69.50.604 Short title.
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This chapter may be cited as the Uniform Controlled Substances Act.[ 1971 ex.s. c 308 s 69.50.604.]
RCW 69.50.611 State preemption.
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The state of Washington fully occupies and preempts the entire field of setting penalties for violations of the controlled substances act. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to controlled substances that are consi…
RCW 69.50.612 State preemption—Drug paraphernalia.
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(1) The state of Washington hereby fully occupies and preempts the entire field of drug paraphernalia regulation within the boundaries of the state including regulation of the use, selling, giving, delivery, and possession of drug paraphernalia, except as provided in subsection (…
RCW 69.50.700 Expedited rule making.
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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.
RCW 69.50.710 Federal law—"Marijuana" to refer to "cannabis."
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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.
RCW 69.51.010 Short title.
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This chapter may be cited as the Controlled Substances Therapeutic Research Act.[ 1979 c 136 s 1.]
RCW 69.51.020 Legislative purpose.
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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…
RCW 69.51.030 Definitions.
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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 se…
RCW 69.51.040 Controlled substances therapeutic research program.
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(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 …
RCW 69.51.050 Patient qualification review committee.
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(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 ophthalmology…
RCW 69.51.060 Sources and distribution of cannabis.
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(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…
RCW 69.51.080 Cannabis and related products considered Schedule II substances.
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(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…
RCW 69.51A.005 Purpose and intent.
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(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 ben…
RCW 69.51A.010 Definitions.
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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-resist…
RCW 69.51A.030 Acts not constituting crimes or unprofessional conduct—Health care professionals not subject to penalties or liabilities.
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(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…
RCW 69.51A.040 Compliance with chapter—Qualifying patients and designated providers not subject to penalties—Law enforcement not subject to liability.
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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…
RCW 69.51A.045 Possession of plants, cannabis concentrates, useable cannabis, or cannabis-infused products exceeding lawful amount—Affirmative defense.
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(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…
RCW 69.51A.050 Medical cannabis, lawful possession—State not liable.
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(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 th…
RCW 69.51A.055 Limitations of chapter—Persons under supervision.
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(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…
RCW 69.51A.060 Crimes—Limitations of chapter.
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(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 i…
RCW 69.51A.100 Qualifying patient's designation of a specific designated provider—Provider's service as designated provider—Termination—Department may adopt rules.
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(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…
RCW 69.51A.110 Suitability for organ transplant.
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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…
RCW 69.51A.120 Parental rights or residential time—Not to be restricted.
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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…
RCW 69.51A.130 State and municipalities—Not subject to liability.
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(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, tow…
RCW 69.51A.210 Qualifying patients or designated providers—Authorization—Health care professional may include recommendations on amount of cannabis.
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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 healt…
RCW 69.51A.220 Health care professionals may authorize medical use of cannabis—Qualifying patients under age eighteen.
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(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 parent …
RCW 69.51A.225 Students who qualify for the medical use of cannabis—Consumption of cannabis-infused products on school grounds.
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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…
RCW 69.51A.230 Medical cannabis authorization database—Recognition cards.
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(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 inc…
RCW 69.51A.235 Compassionate care renewals—Rules—Effective date.
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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…
RCW 69.51A.240 Unlawful actions—Criminal penalty.
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(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 69.51…
RCW 69.51A.250 Cooperatives—Qualifying patients or designated providers may form—Requirements—Restrictions on locations—State liquor and cannabis board may adopt rules.
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(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…
RCW 69.51A.260 Housing unit—No more than fifteen plants may be grown or located—Exception—Civil penalties.
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(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…
RCW 69.51A.270 Extracting or separating cannabis resin, producing or processing any form of cannabis concentrates or cannabis-infused products—State liquor and cannabis board to adopt rules.
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(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…
RCW 69.51A.280 Topical, ingestible products—THC concentration.
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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, 23…
RCW 69.51A.290 Medical cannabis consultant certificate.
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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 procedure…
RCW 69.51A.300 Continuing education programs for health care providers.
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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…
RCW 69.51A.310 Immature plants and clones, cannabis seeds—Qualifying patients and designated providers may purchase.
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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…
RCW 69.51A.900 Short title—1999 c 2.
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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).]
RCW 69.52.010 Legislative findings.
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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…
RCW 69.52.020 Definitions.
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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 transfer…
RCW 69.52.030 Violations—Exceptions.
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(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 vi…
RCW 69.52.040 Seizure of contraband.
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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.]
RCW 69.52.045 Seizure at rental premises—Notification of landlord.
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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…
RCW 69.52.050 Injunctive action by attorney general authorized.
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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.]
RCW 69.52.060 Injunctive or other legal action by manufacturer of controlled substances authorized.
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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.]
RCW 69.52.070 Violations—Juvenile driving privileges.
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(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 …
RCW 69.52.901 Effective date—1982 c 171.
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This act shall take effect on July 1, 1982.[ 1982 c 171 s 10.]
RCW 69.53.010 Unlawful use of building for drug purposes—Liability of owner or manager—Penalty.
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(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…