Washington Drug Laws

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) 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) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);

     (2) Acetylmethadol;

     (3) Allylprodine;

     (4) Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;

     (5) Alphameprodine;

     (6) Alphamethadol;

     (7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);

     (8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

     (9) Benzethidine;

     (10) Betacetylmethadol;

     (11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);

     (12) Beta-hydroxy-3-methylfentanyl, some trade or other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;

     (13) Betameprodine;

     (14) Betamethadol;

     (15) Betaprodine;

     (16) Clonitazene;

     (17) Dextromoramide;

     (18) Diampromide;

     (19) Diethylthiambutene;

     (20) Difenoxin;

     (21) Dimenoxadol;

     (22) Dimepheptanol;

     (23) Dimethylthiambutene;

     (24) Dioxaphetyl butyrate;

     (25) Dipipanone;

     (26) Ethylmethylthiambutene;

     (27) Etonitazene;

     (28) Etoxeridine;

     (29) Furethidine;

     (30) Hydroxypethidine;

     (31) Ketobemidone;

     (32) Levomoramide;

     (33) Levophenacylmorphan;

     (34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide);

     (35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

     (36) Morpheridine;

     (37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

     (38) Noracymethadol;

     (39) Norlevorphanol;

     (40) Normethadone;

     (41) Norpipanone;

     (42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);

     (43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);

     (44) Phenadoxone;

     (45) Phenampromide;

     (46) Phenomorphan;

     (47) Phenoperidine;

     (48) Piritramide;

     (49) Proheptazine;

     (50) Properidine;

     (51) Propiram;

     (52) Racemoramide;

     (53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanaminde);

     (54) Tilidine;

     (55) Trimeperidine.

     (b) 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) Acetorphine;

     (2) Acetyldihydrocodeine;

     (3) Benzylmorphine;

     (4) Codeine methylbromide;

     (5) Codeine-N-Oxide;

     (6) Cyprenorphine;

     (7) Desomorphine;

     (8) Dihydromorphine;

     (9) Drotebanol;

     (10) Etorphine, except hydrochloride salt;

     (11) Heroin;

     (12) Hydromorphinol;

     (13) Methyldesorphine;

     (14) Methyldihydromorphine;

     (15) Morphine methylbromide;

     (16) Morphine methylsulfonate;

     (17) Morphine-N-Oxide;

     (18) Myrophine;

     (19) Nicocodeine;

     (20) Nicomorphine;

     (21) Normorphine;

     (22) Pholcodine;

     (23) Thebacon.

     (c) 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) Alpha-ethyltryptamine: Some trade or other names: Etryptamine; monase; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; a-ET; and AET;

     (2) 4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names: 4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;

     (3) 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) 2,5-dimethoxyamphetamine: Some trade or other names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA;

     (5) 2,5-dimethoxy-4-ethylamphetamine (DOET);

     (6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine: Other name: 2C-T-7;

     (7) 4-methoxyamphetamine: Some trade or other names: 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine, PMA;

     (8) 5-methoxy-3,4-methylenedioxy-amphetamine;

     (9) 4-methyl-2,5-dimethoxy-amphetamine: Some trade and other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and "STP";

     (10) 3,4-methylenedioxy amphetamine;

     (11) 3,4-methylenedioxymethamphetamine (MDMA);

     (12) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;

     (13) N-hydroxy-3,4-methylenedioxyamphetamine also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine,N-hydroxy MDA;

     (14) 3,4,5-trimethoxy amphetamine;

     (15) Alpha-methyltryptamine: Other name: AMT;

     (16) 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) Diethyltryptamine: Some trade or other names: N,N-Diethyltryptamine; DET;

     (18) Dimethyltryptamine: Some trade or other names: DMT;

     (19) 5-methoxy-N,N-diisopropyltryptamine: Other name: 5-MeO-DIPT;

     (20) 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;

     (21) Lysergic acid diethylamide;

     (22) Marihuana or marijuana;

     (23) Mescaline;

     (24) 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) 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) N-ethyl-3-piperidyl benzilate;

     (27) N-methyl-3-piperidyl benzilate;

     (28) Psilocybin;

     (29) Psilocyn;

     (30) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, species, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:

     (i) 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;

     (ii) 6 - cis - or trans tetrahydrocannabinol, and their optical isomers;

     (iii) 3,4 - cis - or trans tetrahydrocannabinol, and its optical isomers;

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)

     (31) Ethylamine analog of phencyclidine: Some trade or other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;

     (32) Pyrrolidine analog of phencyclidine: Some trade or other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;

     (33) Thiophene analog of phencyclidine: Some trade or other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP;

     (34) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name is TCPy.

     (d) 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) Gamma-hydroxybutyric acid: Some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate;

     (2) Mecloqualone;

     (3) Methaqualone.

     (e) 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) Aminorex: Some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4, 5-dihydro-5-phenly-2-oxazolamine;

     (2) N-Benzylpiperazine: Some other names: BZP,1-benzylpiperazine;

     (3) Cathinone, also known as 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone;

     (4) Fenethylline;

     (5) 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) (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);

     (7) N-ethylamphetamine;

     (8) 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.

[2010 c 177 § 2; 1993 c 187 § 4; 1986 c 124 § 3; 1980 c 138 § 1; 1971 ex.s. c 308 § 69.50.204.]

RCW 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 included in Schedule II.

     (b) 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) 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) 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) of this section, but not including the isoquinoline alkaloids of opium.

     (3) Opium poppy and poppy straw.

     (4) 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) 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) 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) Alfentanil;

     (2) Alphaprodine;

     (3) Anileridine;

     (4) Bezitramide;

     (5) Bulk dextropropoxyphene (nondosage forms);

     (6) Carfentanil;

     (7) Dihydrocodeine;

     (8) Diphenoxylate;

     (9) Fentanyl;

     (10) Isomethadone;

     (11) Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;

     (12) Levomethorphan;

     (13) Levorphanol;

     (14) Metazocine;

     (15) Methadone;

     (16) Methadone—Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

     (17) Moramide—Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;

     (18) Pethidine (meperidine);

     (19) Pethidine—Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

     (20) Pethidine—Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

     (21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

     (22) Phenazocine;

     (23) Piminodine;

     (24) Racemethorphan;

     (25) Racemorphan;

     (26) Remifentanil;

     (27) Sufentanil;

     (28) Tapentadol.

     (d) 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:

     (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

     (2) Methamphetamine, its salts, isomers, and salts of its isomers;

     (3) Phenmetrazine and its salts;

     (4) Methylphenidate;

     (5) Lisdexamfetamine, its salts, isomers, and salts of its isomers.

     (e) 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) Amobarbital;

     (2) Glutethimide;

     (3) Pentobarbital;

     (4) Phencyclidine;

     (5) Secobarbital.

     (f) Hallucinogenic substances.

     Nabilone: Some trade or other names are ( ± )-trans3-(1,1-dimethlheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzol[b,d]pyran-9-one.

     (g) Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:

     (1) Immediate precursor to amphetamine and methamphetamine:

     (i) Phenylacetone: Some trade or other names phenyl-2-propanone, P2P, benzyl methyl ketone, methyl benzyl ketone.

     (2) Immediate precursors to phencyclidine (PCP):

     (i) 1-phenylcyclohexylamine;

     (ii) 1-piperidinocyclohexanecarbonitrile (PCC).

     The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201.

[2010 c 177 § 3; 1993 c 187 § 6; 1986 c 124 § 4; 1980 c 138 § 2; 1971 ex.s. c 308 § 69.50.206.]

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) 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) 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) Benzphetamine;

     (3) Chlorphentermine;

     (4) Clortermine;

     (5) Phendimetrazine.

     (b) 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) 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) 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) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid;

     (4) Chlorhexadol;

     (5) Embutramide;

     (6) 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) Ketamine, its salts, isomers, and salts of isomers, some other names for ketamine: (<plus-minus>)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;

     (8) Lysergic acid;

     (9) Lysergic acid amide;

     (10) Methyprylon;

     (11) Sulfondiethylmethane;

     (12) Sulfonethylmethane;

     (13) Sulfonmethane;

     (14) Tiletamine and zolazepam or any of their salts—some trade or other names for a tiletamine-zolazepam combination product: Telazol, some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl) cyclohexanone, some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one flupyrazapon.

     (c) Nalorphine.

     (d) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in this subsection:

     (1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

     (2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

     (3) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

     (4) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

     (5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

     (6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

     (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and

     (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

     (e) Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts: Buprenorphine.

     (f) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product. Some other names for dronabinol: [6a R-trans]-6a,7,8, 10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d] pyran-i-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol.

     (g) Anabolic steroids. The term "anabolic steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, that promotes muscle growth and includes:

     (1) 3&bgr;,17-dihydroxy-5a-androstane;

     (2) 3α,17&bgr;-dihydroxy-5a-androstane;

     (3) 5α-androstan-3,17-dione;

     (4) 1-androstenediol (3&bgr;,17&bgr;-dihydroxy-5α-androst-1-ene);

     (5) 1-androstenediol (3α,17&bgr;-dihydroxy-5α-androst-1-ene);

     (6) 4-androstenediol (3&bgr;,17&bgr;-dihydroxy-androst-4-ene);

     (7) 5-androstenediol (3&bgr;,17&bgr;-dihydroxy-androst-5-ene);

     (8) 1-androstenedione ([5α]-androst-1-en-3,17-dione);

     (9) 4-androstenedione (androst-4-en-3,17-dione);

     (10) 5-androstenedione (androst-5-en-3,17-dione);

     (11) Bolasterone (7α,17α-dimethyl-17&bgr;-hydroxyandrost-4-en-3-one);

     (12) Boldenone (17&bgr;-hydroxyandrost-1,4,-diene-3-one);

     (13) Calusterone (7&bgr;,17α-dimethyl-17&bgr;-hydroxyandrost-4-en-3-one);

     (14) Clostebol (4-chloro-17&bgr;-hydroxyandrost-4-en-3-one);

     (15) Dehydrochloromethyltestosterone (4-chloro-17&bgr;-hydroxy-17α-methyl-androst-1,4-dien-3-one);

     (16) &Dgr;1-dihydrotestosterone (a.k.a. '1-testosterone') (17&bgr;-hydroxy-5α-androst-1-en-3-one);

     (17) 4-dihydrotestosterone (17&bgr;-hydroxy-androstan-3-one);

     (18) Drostanolone (17&bgr;-hydroxy-2α-methyl-5α-androstan-3-one);

     (19) Ethylestrenol (17α-ethyl-17&bgr;-hydroxyestr-4-ene);

     (20) Fluoxymesterone (9-fluoro-17α-methyl-11&bgr;,17&bgr;-dihydroxyandrost-4-en-3-one);

     (21) Formebolone (2-formyl-17α-methyl-11α,17&bgr;-dihydroxyandrost-1,4-dien-3-one);

     (22) Furazabol (17α-methyl-17&bgr;-hydroxyandrostano[2,3-c]-furazan);

     (23) 13&bgr;-ethyl-17&bgr;-hydroxygon-4-en-3-one;

     (24) 4-hydroxytestosterone (4,17&bgr;-dihydroxy-androst-4-en-3-one);

     (25) 4-hydroxy-19-nortestosterone (4,17&bgr;-dihydroxy-estr-4-en-3-one);

     (26) Mestanolone (17α-methyl-17&bgr;-hydroxy-5-androstan-3-one);

     (27) Mesterolone (1α methyl-17&bgr;-hydroxy-[5α]-androstan-3-one);

     (28) Methandienone (17α-methyl-17&bgr;-hydroxyandrost-1,4-dien-3-one);

     (29) Methandriol (17α-methyl-3&bgr;,17&bgr;-dihydroxyandrost-5-ene);

     (30) Methenolone (1-methyl-17&bgr;-hydroxy-5α-androst-1-en-3-one);

     (31) 17α-methyl-3&bgr;,17&bgr;-dihydroxy-5a-androstane;

     (32) 17α-methyl-3α,17&bgr;-dihydroxy-5a-androstane;

     (33) 17α-methyl-3&bgr;,17&bgr;-dihydroxyandrost-4-ene;

     (34) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17&bgr;-hydroxyestr-4-en-3-one);

     (35) Methyldienolone (17α-methyl-17&bgr;-hydroxyestra-4,9(10)-dien-3-one);

     (36) Methyltrienolone (17α-methyl-17&bgr;-hydroxyestra-4,9-11-trien-3-one);

     (37) Methyltestosterone (17α-methyl-17&bgr;-hydroxyandrost-4-en-3-one);

     (38) Mibolerone (7α,17α-dimethyl-17&bgr;-hydroxyestr-4-en-3-one);

     (39) 17α-methyl-&Dgr;1-dihydrotestosterone (17b&bgr;-hydroxy-17α-methyl-5α-androst-1-en-3-one) (also known as '17-α-methyl-1-testosterone');

     (40) Nandrolone (17&bgr;-hydroxyestr-4-en-3-one);

     (41) 19-nor-4-androstenediol (3&bgr;, 17&bgr;-dihydroxyestr-4-ene);

     (42) 19-nor-4-androstenediol (3α, 17&bgr;-dihydroxyestr-4-ene);

     (43) 19-nor-5-androstenediol (3&bgr;, 17&bgr;-dihydroxyestr-5-ene);

     (44) 19-nor-5-androstenediol (3α, 17&bgr;-dihydroxyestr-5-ene);

     (45) 19-nor-4-androstenedione (estr-4-en-3,17-dione);

     (46) 19-nor-5-androstenedione (estr-5-en-3,17-dione);

     (47) Norbolethone (13&bgr;, 17α-diethyl-17&bgr;-hydroxygon-4-en-3-one);

     (48) Norclostebol (4-chloro-17&bgr;-hydroxyestr-4-en-3-one);

     (49) Norethandrolone (17α-ethyl-17&bgr;-hydroxyestr-4-en-3-one);

     (50) Normethandrolone (17α-methyl-17&bgr;-hydroxyestr-4-en-3-one);

     (51) Oxandrolone (17α-methyl-17&bgr;-hydroxy-2-oxa-[5α]-androstan-3-one);

     (52) Oxymesterone (17α-methyl-4,17&bgr;-dihydroxyandrost-4-en-3-one);

     (53) Oxymetholone (17α-methyl-2-hydroxymethylene-17&bgr;-hydroxy-[5α]-androstan-3-one);

     (54) Stanozolol (17α-methyl-17&bgr;-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole);

     (55) Stenbolone (17&bgr;-hydroxy-2-methyl-[5α]-androst-1-en-3-one);

     (56) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);

     (57) Testosterone (17&bgr;-hydroxyandrost-4-en-3-one);

     (58) Tetrahydrogestrinone (13&bgr;, 17α-diethyl-17&bgr;-hydroxygon-4,9,11-trien-3-one);

     (59) Trenbolone (17&bgr;-hydroxyestr-4,9,11-trien-3-one); and

     (60) Any salt, ester, or ether of a drug or substance described in this section. Such term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the secretary of the department of health and human services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this section.

     The commission may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsection (a)(1) and (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 stimulant or 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 stimulant or 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 § 91; 2010 c 177 § 4; 1993 c 187 § 8; 1986 c 124 § 5; 1980 c 138 § 3; 1971 ex.s. c 308 § 69.50.208.]

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) 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) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

     (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).

     (b) 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) Alprazolam;

     (2) Barbital;

     (3) Bromazepam;

     (4) Camazepam;

     (5) Carisoprodol;

     (6) Chloral betaine;

     (7) Chloral hydrate;

     (8) Chlordiazepoxide;

     (9) Clobazam;

     (10) Clonazepam;

     (11) Clorazepate;

     (12) Clotiazepam;

     (13) Cloxazolam;

     (14) Delorazepam;

     (15) Diazepam;

     (16) Dichloralphenazone;

     (17) Estazolam;

     (18) Ethchlorvynol;

     (19) Ethinamate;

     (20) Ethyl loflazepate;

     (21) Fludiazepam;

     (22) Flunitrazepam;

     (23) Flurazepam;

     (24) Halazepam;

     (25) Haloxazolam;

     (26) Ketazolam;

     (27) Loprazolam;

     (28) Lorazepam;

     (29) Lormetazepam;

     (30) Mebutamate;

     (31) Medazepam;

     (32) Meprobamate;

     (33) Methohexital;

     (34) Methylphenobarbital (mephobarbital);

     (35) Midazolam;

     (36) Nimetazepam;

     (37) Nitrazepam;

     (38) Nordiazepam;

     (39) Oxazepam;

     (40) Oxazolam;

     (41) Paraldehyde;

     (42) Petrichloral;

     (43) Phenobarbital;

     (44) Pinazepam;

     (45) Prazepam;

     (46) Quazepam;

     (47) Temazepam;

     (48) Tetrazepam;

     (49) Triazolam;

     (50) Zaleplon;

     (51) Zolpidem; and

     (52) Zopiclone.

     (c) 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) 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) Cathine((+)norpseudoephedrine);

     (2) Diethylpropion;

     (3) Fencamfamin;

     (4) Fenproporex;

     (5) Mazindol;

     (6) Mefenorex;

     (7) Modafinil;

     (8) Pemoline (including organometallic complexes and chelates thereof);

     (9) Phentermine;

     (10) Pipradrol;

     (11) Sibutramine;

     (12) SPA ((-)-1-dimethylamino-1, 2-dephenylethane).

     (e) 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) Pentazocine;

     (2) Butorphanol, including its optical isomers.

     The commission may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) 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 § 93; 2010 c 177 § 5; 1993 c 187 § 10; 1986 c 124 § 6; 1981 c 147 § 2; 1980 c 138 § 4; 1971 ex.s. c 308 § 69.50.210.]

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) 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) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

     (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

     (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

     (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

     (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;

     (6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

     (b) 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) 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) Lacosamid, [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide];

     (2) 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 § 6; 1993 c 187 § 12; 1986 c 124 § 7; 1980 c 138 § 5; 1971 ex.s. c 308 § 69.50.212.]

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). 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 § 96; 1993 c 187 § 14.]

RCW 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 controlled substance.

     (2) Any person who violates this section with respect to:

     (a) A controlled substance classified in Schedule I or II which is a narcotic drug or flunitrazepam, including its salts, isomers, and salts of isomers, classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine;

     (b) Amphetamine, including its salts, isomers, and salts of isomers, or methamphetamine, including its salts, isomers, and salts of isomers, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine, including its salts, isomers, and salts of isomers. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost;

     (c) Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW;

     (d) A substance classified in Schedule IV, except flunitrazepam, including its salts, isomers, and salts of isomers, is guilty of a class C felony punishable according to chapter 9A.20 RCW; or

     (e) A substance classified in Schedule V, is guilty of a class C felony punishable according to chapter 9A.20 RCW.

     (3) The production, manufacture, processing, packaging, delivery, distribution, sale, or possession of marijuana in compliance with the terms set forth in RCW 69.50.360, 69.50.363, or69.50.366 shall not constitute a violation of this section, this chapter, or any other provision of Washington state law.

[2013 c 3 § 19 (Initiative Measure No. 502, approved November 6, 2012); 2005 c 218 § 1; 2003 c 53 § 331. Prior: 1998 c 290 § 1; 1998 c 82 § 2; 1997 c 71 § 2; 1996 c 205 § 2; 1989 c 271 § 104; 1987 c 458 § 4; 1979 c 67 § 1; 1973 2nd ex.s. c 2 § 1; 1971 ex.s. c 308 § 69.50.401.]

RCW 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 violates this section with respect to:

     (a) A counterfeit substance classified in Schedule I or II which is a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

     (b) A counterfeit substance which is methamphetamine, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

     (c) Any other counterfeit substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW;

     (d) A counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a class C felony punishable according to chapter 9A.20 RCW;

     (e) A counterfeit substance classified in Schedule V, is guilty of a class C felony punishable according to chapter 9A.20 RCW.

[2003 c 53 § 332.]

RCW 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, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense, distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance.

     (2) Any person who violates this section is guilty of a class C felony punishable according to chapter 9A.20 RCW.

[2003 c 53 § 333.]

RCW 69.50.4013
Possession of controlled substance — Penalty — Possession of useable marijuana or marijuana-infused products

(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 or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.

     (2) Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.

     (3) The possession, by a person twenty-one years of age or older, of useable marijuana or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this section, this chapter, or any other provision of Washington state law.

[2013 c 3 § 20 (Initiative Measure No. 502, approved November 6, 2012); 2003 c 53 § 334.]

RCW 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 53 § 335.]

RCW 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 unlawfully to manufacture, sell, or deliver a controlled substance.

     (2) A violation of this section is a class C felony punishable according to chapter 9A.20 RCW.

[2003 c 53 § 336.]

RCW 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 69.50.308;

     (b) Who is a registrant, to manufacture a controlled substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person;

     (c) Who is a practitioner, to prescribe, order, dispense, administer, supply, or give to any person:

     (i) Any amphetamine, including its salts, optical isomers, and salts of optical isomers classified as a schedule II controlled substance by the commission pursuant to chapter 34.05 RCW; or

     (ii) Any nonnarcotic stimulant classified as a schedule II controlled substance and designated as a nonnarcotic stimulant by the commission pursuant to chapter 34.05 RCW;

except for the treatment of narcolepsy or for the treatment of hyperkinesis, or for the treatment of drug-induced brain dysfunction, or for the treatment of epilepsy, or for the differential diagnostic psychiatric evaluation of depression, or for the treatment of depression shown to be refractory to other therapeutic modalities, or for the treatment of multiple sclerosis, or for the clinical investigation of the effects of such drugs or compounds, in which case an investigative protocol therefor shall have been submitted to and reviewed and approved by the commission before the investigation has been begun: PROVIDED, That the commission, in consultation with the medical quality assurance commission and the osteopathic disciplinary board, may establish by rule, pursuant to chapter 34.05 RCW, disease states or conditions in addition to those listed in this subsection for the treatment of which Schedule II nonnarcotic stimulants may be prescribed, ordered, dispensed, administered, supplied, or given to patients by practitioners: AND PROVIDED, FURTHER, That investigations by the commission of abuse of prescriptive authority by physicians, licensed pursuant to chapter 18.71 RCW, pursuant to subsection (1)(c) of this section shall be done in consultation with the medical quality assurance commission;

     (d) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice, or information required under this chapter;

     (e) To refuse an entry into any premises for any inspection authorized by this chapter; or

     (f) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter.

     (2) Any person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, fined not more than two thousand dollars, or both.

[2013 c 19 § 107; 2010 c 177 § 7; 2003 c 53 § 338; 1994 sp.s. c 9 § 740; 1980 c 138 § 6; 1979 ex.s. c 119 § 1; 1971 ex.s. c 308 § 69.50.402.]

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, except pursuant to an order form as required by *RCW 69.50.307;

     (b) To use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person;

     (c) To obtain or attempt to obtain a controlled substance, or procure or attempt to procure the administration of a controlled substance, (i) by fraud, deceit, misrepresentation, or subterfuge; or (ii) by forgery or alteration of a prescription or any written order; or (iii) by the concealment of material fact; or (iv) by the use of a false name or the giving of a false address;

     (d) To falsely assume the title of, or represent herself or himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance;

     (e) To make or utter any false or forged prescription or false or forged written order;

     (f) To affix any false or forged label to a package or receptacle containing controlled substances;

     (g) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter;

     (h) To possess a false or fraudulent prescription with intent to obtain a controlled substance; or

     (i) To attempt to illegally obtain controlled substances by providing more than one name to a practitioner when obtaining a prescription for a controlled substance. If a person's name is legally changed during the time period that he or she is receiving health care from a practitioner, the person shall inform all providers of care so that the medical and pharmacy records for the person may be filed under a single name identifier.

     (2) Information communicated to a practitioner in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of such substance, shall not be deemed a privileged communication.

     (3) A person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, or fined not more than two thousand dollars, or both.

[2003 c 53 § 339; 1996 c 255 § 1; 1993 c 187 § 21; 1971 ex.s. c 308 § 69.50.403.]

RCW 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 is a narcotic drug or methamphetamine, including its salts, isomers, and salts of isomers, or flunitrazepam, including its salts, isomers, and salts of isomers, listed in Schedule IV, to a person under eighteen years of age is guilty of a class A felony punishable by the fine authorized by RCW 69.50.401(2) (a) or (b), by a term of imprisonment of up to twice that authorized by RCW 69.50.401(2) (a) or (b), or by both.

     (2) Any person eighteen years of age or over who violates RCW 69.50.401 by distributing any other controlled substance listed in Schedules I, II, III, IV, and V to a person under eighteen years of age who is at least three years his or her junior is guilty of a class B felony punishable by the fine authorized by RCW 69.50.401(2) (c), (d), or (e), by a term of imprisonment up to twice that authorized by RCW 69.50.401(2) (c), (d), or (e), or both.

[2005 c 218 § 2; 2003 c 53 § 340; 1998 c 290 § 2; 1996 c 205 § 7; 1987 c 458 § 5; 1971 ex.s. c 308 §69.50.406 .]

RCW 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 exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

[1971 ex.s. c 308 § 69.50.407.]

RCW 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 authorized, fined an amount up to twice that otherwise authorized, or both.

     (2) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.

     (3) This section does not apply to offenses under RCW 69.50.4013.

[2003 c 53 § 341; 1989 c 8 § 3; 1971 ex.s. c 308 §69.50.408 .]

RCW 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 substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana.

     For the purposes of this section only, the following words and phrases shall have the following meanings:

     (a) "To sell" means the passing of title and possession of a controlled substance from the seller to the buyer for a price whether or not the price is paid immediately or at a future date.

     (b) "For profit" means the obtaining of anything of value in exchange for a controlled substance.

     (c) "Price" means anything of value.

     (2)(a) Any person convicted of a violation of subsection (1) of this section shall receive a sentence of not more than five years in a correctional facility of the department of social and health services for the first offense.

     (b) Any person convicted on a second or subsequent cause, the sale having transpired after prosecution and conviction on the first cause, of subsection (1) of this section shall receive a mandatory sentence of five years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for the second or subsequent violation of subsection (1) of this section.

     (3)(a) Any person convicted of a violation of subsection (1) of this section by selling heroin shall receive a mandatory sentence of two years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for such violation.

     (b) Any person convicted on a second or subsequent sale of heroin, the sale having transpired after prosecution and conviction on the first cause of the sale of heroin shall receive a mandatory sentence of ten years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for this second or subsequent violation: PROVIDED, That the indeterminate sentence review board under RCW 9.95.040 shall not reduce the minimum term imposed for a violation under this subsection.

     (4) Whether or not a mandatory minimum term has expired, an offender serving a sentence under this section may be granted an extraordinary medical placement when authorized under *RCW 9.94A.728(4).

     (5) In addition to the sentences provided in subsection (2) of this section, any person convicted of a violation of subsection (1) of this section shall be fined in an amount calculated to at least eliminate any and all proceeds or profits directly or indirectly gained by such person as a result of sales of controlled substances in violation of the laws of this or other states, or the United States, up to the amount of five hundred thousand dollars on each count.

     (6) Any person, addicted to the use of controlled substances, who voluntarily applies to the department of social and health services for the purpose of participating in a rehabilitation program approved by the department for addicts of controlled substances shall be immune from prosecution for subsection (1) offenses unless a filing of an information or indictment against such person for a violation of subsection (1) of this section is made prior to his or her voluntary participation in the program of the department of social and health services. All applications for immunity under this section shall be sent to the department of social and health services in Olympia. It shall be the duty of the department to stamp each application received pursuant to this section with the date and time of receipt.

     (7) This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.401 through 69.50.4015.

[2003 c 53 § 342; 1999 c 324 § 6; 1975-'76 2nd ex.s. c 103 § 1; 1973 2nd ex.s. c 2 § 2.]

RCW 69.50.412
Prohibited acts: E — Penalties (as amended by 2013 c 3)

(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, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance other than marijuana. Any person who violates this subsection is guilty of a misdemeanor.

     (2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance other than marijuana. Any person who violates this subsection is guilty of a misdemeanor.

     (3) Any person eighteen years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior is guilty of a gross misdemeanor.

     (4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.

     (5) It is lawful for any person over the age of eighteen to possess sterile hypodermic syringes and needles for the purpose of reducing blood-borne diseases.

[2013 c 3 § 22 (Initiative Measure No. 502, approved November 6, 2012); 2002 c 213 § 1; 1981 c 48 § 2.]

RCW 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 class I civil infraction under chapter 7.80 RCW. For purposes of this subsection, "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 other than marijuana. Drug paraphernalia includes, but is not limited to objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cocaine into the human body, such as:

     (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

     (b) Water pipes;

     (c) Carburetion tubes and devices;

     (d) Smoking and carburetion masks;

     (e) Miniature cocaine spoons and cocaine vials;

     (f) Chamber pipes;

     (g) Carburetor pipes;

     (h) Electric pipes;

     (i) Air-driven pipes; and

     (j) Ice pipes or chillers.

     (2) It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

     (3) Nothing in subsection (1) of this section prohibits legal distribution of injection syringe equipment through public health and community based HIV prevention programs, and pharmacies.

[2013 c 3 § 23 (Initiative Measure No. 502, approved November 6, 2012); 2002 c 213 § 2; 1998 c 317 § 1.]

RCW 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 cause of action against the person who sold or transferred the controlled substance for all damages to the minor or his or her parent or legal guardian caused by such sale or transfer. Damages shall include: (a) Actual damages, including the cost for treatment or rehabilitation of the minor child's drug dependency, (b) forfeiture to the parent or legal guardian of the cash value of any proceeds received from such sale or transfer of a controlled substance, and (c) reasonable attorney fees.

     This section shall not apply to a practitioner, as defined in *RCW 69.50.101(t), who sells or transfers a controlled substance to a minor pursuant to a valid prescription or order.

[1986 c 124 § 10.]

RCW 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 the person to whom it was delivered, resulting in the death of the user, is guilty of controlled substances homicide.

     (2) Controlled substances homicide is a class B felony punishable according to chapter 9A.20 RCW.

[2003 c 53 § 343; 1996 c 205 § 8; 1987 c 458 § 2.]

RCW 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, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser, other than the person who in fact manufactured, distributed, or dispensed the substance.

     (2) It is unlawful for any person knowingly or intentionally to make, distribute, or possess a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof.

     (3) A person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, fined not more than two thousand dollars, or both.

[2003 c 53 § 344; 1993 c 187 § 22.]

RCW 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 its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, including its salts, isomers, and salts of isomers.

     (2) Any person who violates this section is guilty of a class B felony and may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine, including its salts, isomers, and salts of isomers. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost.

[2005 c 218 § 3; 2003 c 53 § 347; 2002 c 134 § 1; 2000 c 225 § 4; 1997 c 71 § 3; 1996 c 205 § 1.]

RCW 69.50.445
Opening package of or consuming marijuana, useable marijuana, or marijuana-infused product in view of general public — Penalty

It is unlawful to open a package containing marijuana, useable marijuana, or a marijuana-infused product, or consume marijuana, useable marijuana, or a marijuana-infused product, in view of the general public. A person who violates this section is guilty of a class 3 civil infraction under chapter 7.80 RCW.

[2013 c 3 § 21 (Initiative Measure No. 502, approved November 6, 2012).]

RCW 69.53.010
Unlawful use of building for drug purposes — Liability of owner or manager — Penalty

(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, room, space, or enclosure for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance under chapter 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52 RCW.

     (2) It shall be a defense for an owner, manager, or other person in control pursuant to subsection (1) of this section to, in good faith, notify a law enforcement agency of suspected drug activity pursuant to subsection (1) of this section, or to process an unlawful detainer action for drug-related activity against the tenant or occupant.

     (3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW.

[1988 c 150 § 13; 1987 c 458 § 7.]

RCW 69.53.020
Unlawful fortification of building for drug purposes — Penalty

(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 allow the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the unlawful manufacture, delivery, sale, storage, or gift of any controlled substance under chapter 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52 RCW.

     (2) It shall be a defense for an owner, manager, or other person in control pursuant to subsection (1) of this section to, in good faith, notify a law enforcement agency of suspected drug activity pursuant to subsection (1) of this section, or to process an unlawful detainer action for drug-related activity against the tenant or occupant.

     (3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW.

[1988 c 150 § 14; 1987 c 458 § 8.]

RCW 69.53.030
Unlawful use of fortified building — Penalty

(1) It is unlawful for any person to use a building, room, space, or enclosure specifically designed to suppress law enforcement entry in order to unlawfully manufacture, deliver, sell, store, or give away any controlled substance under chapter 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52 RCW.

     (2) A violation of this section is a class C felony punishable under chapter 9A.20 RCW.

[1987 c 458 § 9.]