Revised Code of Washington - RCW Title 69 Food, Drugs, Cosmetics, And Poisons - Chapter 69.50 Uniform Controlled Substances Act

69.50.101 Definitions
Unless the context clearly requires otherwise, definitions of terms shall be as indicated where used in this chapter: (a) "Administer" means to apply a controlled ...

69.50.102 Drug paraphernalia -- Definitions
(a) As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed ...

69.50.201 Enforcement of chapter -- Authority to change schedules of controlled substances
(a) The state board of pharmacy shall enforce this chapter and may add substances to or delete or reschedule substances listed in RCW 69.50.204, 69.50.206, ...

69.50.202 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, ...

69.50.203 Schedule I tests
(a) The state board of pharmacy shall place a substance in Schedule I upon finding that the substance: (1) has high potential for abuse; (2) ...

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 ...

69.50.205 Schedule II tests
(a) The state board of pharmacy shall place a substance in Schedule II upon finding that: (1) the substance has high potential for abuse; (2) ...

69.50.206 Schedule II
(a) The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are ...

69.50.207 Schedule III tests
(a) The state board of pharmacy shall place a substance in Schedule III upon finding that: (1) the substance has a potential for abuse less ...

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 ...

69.50.209 Schedule IV tests
(a) The state board of pharmacy shall place a substance in Schedule IV upon finding that: (1) the substance has a low potential for abuse ...

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 ...

69.50.211 Schedule V tests
(a) The state board of pharmacy shall place a substance in Schedule V upon finding that: (1) the substance has low potential for abuse relative ...

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 ...

69.50.213 Republishing of schedules
The state board of pharmacy shall publish updated schedules annually. Failure to publish updated schedules is not a defense in any administrative or judicial proceeding ...

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 ...

69.50.301 Rules -- Fees
The board may adopt rules and the department may charge reasonable fees, relating to the registration and control of the manufacture, distribution, and dispensing of ...

69.50.302 Registration requirements
(a) Every person who manufactures, distributes, or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution, or dispensing ...

69.50.303 Registration
(a) The department shall register an applicant to manufacture or distribute controlled substances included in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and 69.50.212 unless the board ...

69.50.304 Revocation and suspension of registration -- Seizure or placement under seal of controlled substances
(a) A registration, or exemption from registration, under RCW 69.50.303 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the ...

69.50.305 Procedure for denial, suspension, or revocation of registration
(a) Any registration, or exemption from registration, issued pursuant to the provisions of this chapter shall not be denied, suspended, or revoked unless the board ...

69.50.306 Records of registrants
Persons registered, or exempted from registration under RCW 69.50.302(d), to manufacture, distribute, dispense, or administer controlled substances under this chapter shall keep records and maintain ...

69.50.308 Prescriptions
(a) A controlled substance may be dispensed only as provided in this section. (b) Except when dispensed directly by a practitioner authorized to prescribe or ...

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 ...

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 department for registration pursuant to the applicable provisions ...

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 ...

69.50.312 Electronic communication of prescription information -- Board may adopt rules
(1) Information concerning an original prescription or information concerning a prescription refill for a controlled substance may be electronically communicated to a pharmacy of the ...

69.50.320 Registration of department of fish and wildlife for use in chemical capture programs -- Rules
The department of fish and wildlife may apply to the department of health for registration pursuant to the applicable provisions of this chapter to purchase, ...

69.50.401 Prohibited acts: A -- Penalties
(1) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a ...

69.50.4011 Counterfeit substances -- Penalties
(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess a counterfeit substance. (2) Any person who ...

69.50.4012 Delivery of substance in lieu of controlled substance -- Penalty
(1) It is unlawful, except as authorized in this chapter and chapter 69.41 RCW, for any person to offer, arrange, or negotiate for the sale, ...

69.50.4013 Possession of controlled substance -- Penalty
(1) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription ...

69.50.4014 Possession of forty grams or less of marihuana -- Penalty
Except as provided in RCW 69.50.401(2)(c), any person found guilty of possession of forty grams or less of marihuana is guilty of a misdemeanor.[2003 c ...

69.50.4015 Involving a person under eighteen in unlawful controlled substance transaction -- Penalty
(1) It is unlawful to compensate, threaten, solicit, or in any other manner involve a person under the age of eighteen years in a transaction ...

69.50.4016 Provisions not applicable to offenses under RCW 69.50.410
RCW 69.50.401 through 69.50.4015 shall not apply to offenses defined and punishable under the provisions of RCW 69.50.410.[2003 c 53 § 337.]Notes: Intent -- Effective ...

69.50.402 Prohibited acts: B -- Penalties
(1) It is unlawful for any person: (a) Who is subject to Article III to distribute or dispense a controlled substance in violation of RCW ...

69.50.403 Prohibited acts: C -- Penalties
(1) It is unlawful for any person knowingly or intentionally: (a) To distribute as a registrant a controlled substance classified in Schedules I or II, ...

69.50.404 Penalties under other laws
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise ...

69.50.405 Bar to prosecution
If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal ...

69.50.406 Distribution to persons under age eighteen
(1) Any person eighteen years of age or over who violates RCW 69.50.401 by distributing a controlled substance listed in Schedules I or II which ...

69.50.407 Conspiracy
Any person who attempts or conspires to commit any offense defined in this chapter is punishable by imprisonment or fine or both which may not ...

69.50.408 Second or subsequent offenses
(1) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise ...

69.50.410 Prohibited acts: D -- Penalties
(1) Except as authorized by this chapter it is a class C felony for any person to sell for profit any controlled substance or counterfeit ...

69.50.412 Prohibited acts: E -- Penalties
(1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, ...

69.50.4121 Drug paraphernalia -- Selling or giving -- Penalty
(1) Every person who sells or gives, or permits to be sold or given to any person any drug paraphernalia in any form commits a ...

69.50.413 Health care practitioners -- Suspension of license for violation of chapter
The license of any licensed health care practitioner shall be suspended for any violation of this chapter. The suspension shall run concurrently with, and not ...

69.50.414 Sale or transfer of controlled substance to minor -- Cause of action by parent -- Damages
The parent or legal guardian of any minor to whom a controlled substance, as defined in RCW 69.50.101, is sold or transferred, shall have a ...

69.50.415 Controlled substances homicide -- Penalty
(1) A person who unlawfully delivers a controlled substance in violation of RCW 69.50.401(2) (a), (b), or (c) which controlled substance is subsequently used by ...

69.50.416 Counterfeit substances prohibited -- Penalties
(1) It is unlawful for any person knowingly or intentionally to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance which, ...

69.50.420 Violations -- Juvenile driving privileges
(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 ...

69.50.425 Misdemeanor violations -- Minimum penalties
A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for not less than twenty-four ...

69.50.430 Additional fine for certain felony violations
(1) Every person convicted of a felony violation of RCW 69.50.401 through 69.50.4013, 69.50.4015, 69.50.402,69.50.403 , 69.50.406, 69.50.407, 69.50.410, or 69.50.415 shall be fined one ...

69.50.435 Violations committed in or on certain public places or facilities -- Additional penalty -- Defenses -- Construction -- Definitions
(1) Any person who violates RCW 69.50.401 by manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance listed ...

69.50.440 Possession with intent to manufacture -- Penalty
(1) It is unlawful for any person to possess ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of ...

69.50.500 Powers of enforcement personnel
(a) It is hereby made the duty of the state board of pharmacy, the department, and their officers, agents, inspectors and representatives, and all law ...

69.50.501 Administrative inspections
The state board of pharmacy may make administrative inspections of controlled premises in accordance with the following provisions: (1) For purposes of this section only, ...

69.50.502 Warrants for administrative inspections
Issuance and execution of administrative inspection warrants shall be as follows: (1) A judge of a superior court, or a judge of a district court ...

69.50.503 Injunctions
(a) The superior courts of this state have jurisdiction to restrain or enjoin violations of this chapter. (b) The defendant may demand trial by jury ...

69.50.504 Cooperative arrangements
The state board of pharmacy shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing ...

69.50.505 Seizure and forfeiture
(1) The following are subject to seizure and forfeiture and no property right exists in them: (a) All controlled substances which have been manufactured, distributed, ...

69.50.506 Burden of proof; liabilities
(a) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading ...

69.50.507 Judicial review
All final determinations, findings and conclusions of the state board of pharmacy under this chapter are final and conclusive decisions of the matters involved. Any ...

69.50.508 Education and research
(a) The state board of pharmacy may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with ...

69.50.509 Search and seizure of controlled substances
If, upon the sworn complaint of any person, it shall be made to appear to any judge of the superior court, district court, or municipal ...

69.50.510 Search and seizure at rental premises -- Notification of landlord
Whenever a controlled substance which is manufactured, distributed, dispensed, or acquired in violation of this chapter is seized at rental premises, the law enforcement agency ...

69.50.511 Cleanup of hazardous substances at illegal drug manufacturing facility -- Rules
Law enforcement agencies who during the official investigation or enforcement of any illegal drug manufacturing facility come in contact with or are aware of any ...

69.50.520 Violence reduction and drug enforcement account
The violence reduction and drug enforcement account is created in the state treasury. All designated receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(2), 69.50.505(9)(a),82.08.150 (5) and (7)(b)(iii), ...

69.50.525 Diversion prevention and control -- Report
(a) As used in this section, "diversion" means the transfer of any controlled substance from a licit to an illicit channel of distribution or use. ...

69.50.601 Pending proceedings
(a) Prosecution for any violation of law occurring prior to May 21, 1971 is not affected or abated by this chapter. If the offense being ...

69.50.602 Continuation of rules
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 ...

69.50.603 Uniformity of interpretation
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 ...

69.50.604 Short title
This chapter may be cited as the Uniform Controlled Substances Act.[1971 ex.s. c 308 § 69.50.604.] ...

69.50.605 Severability -- 1971 ex.s. c 308
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions ...

69.50.606 Repealers
The laws specified below are repealed except with respect to rights and duties which matured, penalties which were incurred and proceedings which were begun before ...

69.50.607 Effective date -- 1971 ex.s. c 308
This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public ...

69.50.608 State preemption
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 ...

69.50.609 Captions not law -- 1993 c 187
Section captions as used in this act constitute no part of the law.[1993 c 187 § 23.] ...