CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE SENATE BILL 5367
Chapter 365, Laws of 2023
68th Legislature
2023 Regular Session
CANNABIS PRODUCTS—VARIOUS PROVISIONS
EFFECTIVE DATE: July 23, 2023
Passed by the Senate April 17, 2023 CERTIFICATE
Yeas 47 Nays 1
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is ENGROSSED SECOND
SUBSTITUTE SENATE BILL 5367 as
passed by the Senate and the House
of Representatives on the dates
Passed by the House April 7, 2023 hereon set forth.
Yeas 90 Nays 6
SARAH BANNISTER
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved May 9, 2023 11:07 AM FILED
May 10, 2023
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE SENATE BILL 5367
AS AMENDED BY THE HOUSE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Senate Ways & Means (originally sponsored by Senators Robinson,
Schoesler, Conway, Dozier, Keiser, Saldaña, and Wellman; by request
of Liquor and Cannabis Board)
READ FIRST TIME 02/24/23.
1 AN ACT Relating to the regulation of products containing THC;
2 amending RCW 15.140.020, 69.50.326, and 69.50.346; reenacting and
3 amending RCW 69.50.101; adding a new section to chapter 69.50 RCW;
4 and creating a new section.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 15.140.020 and 2022 c 16 s 19 are each amended to
7 read as follows:
8 The definitions in this section apply throughout this chapter
9 unless the context clearly requires otherwise.
10 (1) "Agriculture improvement act of 2018" means sections 7605,
11 10113, 10114, and 12619 of the agriculture improvement act of 2018,
12 P.L. 115-334.
13 (2) "Cannabis" has the meaning provided in RCW 69.50.101.
14 (3) "Crop" means hemp grown as an agricultural commodity.
15 (4) "Cultivar" means a variation of the plant Cannabis sativa L.
16 that has been developed through cultivation by selective breeding.
17 (5) "Department" means the Washington state department of
18 agriculture.
19 (6) "Food" has the same meaning as defined in RCW 69.07.010.
20 (7) "Hemp" means the plant Cannabis sativa L. and any part of
21 that plant, including the seeds thereof and all derivatives,
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 1 extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
2 whether growing or not, with a delta-9 tetrahydrocannabinol
3 concentration of not more than 0.3 percent on a dry weight basis.
4 (8) "Hemp consumable" means a product that is sold or provided to
5 another person, that is:
6 (a) Made of hemp;
7 (b) Not a cannabis product, as defined in RCW 69.50.101; and
8 (c) Intended to be consumed or absorbed inside the body by any
9 means, including inhalation, ingestion, or insertion.
10 (9) "Hemp processor" means a person who takes possession of raw
11 hemp material with the intent to modify, package, or sell a
12 transitional or finished hemp product.
13 (((9))) (10)(a) "Industrial hemp" means all parts and varieties
14 of the genera Cannabis, cultivated or possessed by a grower, whether
15 growing or not, that contain a tetrahydrocannabinol concentration of
16 0.3 percent or less by dry weight that was grown under the industrial
17 hemp research program as it existed on December 31, 2019.
18 (b) "Industrial hemp" does not include plants of the genera
19 Cannabis that meet the definition of "cannabis."
20 (((10))) (11) "Postharvest test" means a test of ((delta-9))
21 tetrahydrocannabinol concentration levels of hemp after being
22 harvested based on:
23 (a) Ground whole plant samples without heat applied; or
24 (b) Other approved testing methods.
25 (((11))) (12) "Process" means the processing, compounding, or
26 conversion of hemp into hemp commodities or products.
27 (((12))) (13) "Produce" or "production" means the planting,
28 cultivation, growing, or harvesting of hemp including hemp seed.
29 Sec. 2. RCW 69.50.101 and 2022 c 16 s 51 are each reenacted and
30 amended to read as follows:
31 The definitions in this section apply throughout this chapter
32 unless the context clearly requires otherwise.
33 (a) "Administer" means to apply a controlled substance, whether
34 by injection, inhalation, ingestion, or any other means, directly to
35 the body of a patient or research subject by:
36 (1) a practitioner authorized to prescribe (or, by the
37 practitioner's authorized agent); or
38 (2) the patient or research subject at the direction and in the
39 presence of the practitioner.
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 1 (b) "Agent" means an authorized person who acts on behalf of or
2 at the direction of a manufacturer, distributor, or dispenser. It
3 does not include a common or contract carrier, public
4 warehouseperson, or employee of the carrier or warehouseperson.
5 (c) "Board" means the Washington state liquor and cannabis board.
6 (d) "Cannabis" means all parts of the plant Cannabis, whether
7 growing or not, with a THC concentration greater than 0.3 percent on
8 a dry weight basis((; the seeds thereof; the resin extracted from any
9 part of the plant; and every compound, manufacture, salt, derivative,
10 mixture, or preparation of the plant, its seeds or resin. The term
11 does not include:
12 (1) The mature stalks of the plant, fiber produced from the
13 stalks, oil or cake made from the seeds of the plant, any other
14 compound, manufacture, salt, derivative, mixture, or preparation of
15 the mature stalks (except the resin extracted therefrom), fiber, oil,
16 or cake, or the sterilized seed of the plant which is incapable of
17 germination; or
18 (2) Hemp or industrial hemp as defined in RCW 15.140.020,))
19 during the growing cycle through harvest and usable cannabis.
20 "Cannabis" does not include hemp or industrial hemp as defined in RCW
21 15.140.020, or seeds used for licensed hemp production under chapter
22 15.140 RCW.
23 (e) "Cannabis concentrates" means products consisting wholly or
24 in part of the resin extracted from any part of the plant Cannabis
25 and having a THC concentration greater than ten percent.
26 (f) "Cannabis processor" means a person licensed by the board to
27 process cannabis into cannabis concentrates, useable cannabis, and
28 cannabis-infused products, package and label cannabis concentrates,
29 useable cannabis, and cannabis-infused products for sale in retail
30 outlets, and sell cannabis concentrates, useable cannabis, and
31 cannabis-infused products at wholesale to cannabis retailers.
32 (g) "Cannabis producer" means a person licensed by the board to
33 produce and sell cannabis at wholesale to cannabis processors and
34 other cannabis producers.
35 (h)(1) "Cannabis products" means useable cannabis, cannabis
36 concentrates, and cannabis-infused products as defined in this
37 section, including any product intended to be consumed or absorbed
38 inside the body by any means including inhalation, ingestion, or
39 insertion, with any detectable amount of THC.
p. 3 E2SSB 5367.SL
 1 (2) "Cannabis products" also means any product containing only
2 THC content.
3 (3) "Cannabis products" does not include cannabis health and
4 beauty aids as defined in RCW 69.50.575 or products approved by the
5 United States food and drug administration.
6 (i) "Cannabis researcher" means a person licensed by the board to
7 produce, process, and possess cannabis for the purposes of conducting
8 research on cannabis and cannabis-derived drug products.
9 (j) "Cannabis retailer" means a person licensed by the board to
10 sell cannabis concentrates, useable cannabis, and cannabis-infused
11 products in a retail outlet.
12 (k) "Cannabis-infused products" means products that contain
13 cannabis or cannabis extracts, are intended for human use, are
14 derived from cannabis as defined in subsection (d) of this section,
15 and have a THC concentration no greater than ten percent. The term
16 "cannabis-infused products" does not include either useable cannabis
17 or cannabis concentrates.
18 (l) "CBD concentration" has the meaning provided in RCW
19 69.51A.010.
20 (m) "CBD product" means any product containing or consisting of
21 cannabidiol.
22 (n) "Commission" means the pharmacy quality assurance commission.
23 (o) "Controlled substance" means a drug, substance, or immediate
24 precursor included in Schedules I through V as set forth in federal
25 or state laws, or federal or commission rules, but does not include
26 hemp or industrial hemp as defined in RCW 15.140.020.
27 (p)(1) "Controlled substance analog" means a substance the
28 chemical structure of which is substantially similar to the chemical
29 structure of a controlled substance in Schedule I or II and:
30 (i) that has a stimulant, depressant, or hallucinogenic effect on
31 the central nervous system substantially similar to the stimulant,
32 depressant, or hallucinogenic effect on the central nervous system of
33 a controlled substance included in Schedule I or II; or
34 (ii) with respect to a particular individual, that the individual
35 represents or intends to have a stimulant, depressant, or
36 hallucinogenic effect on the central nervous system substantially
37 similar to the stimulant, depressant, or hallucinogenic effect on the
38 central nervous system of a controlled substance included in Schedule
39 I or II.
40 (2) The term does not include:
p. 4 E2SSB 5367.SL
 1 (i) a controlled substance;
2 (ii) a substance for which there is an approved new drug
3 application;
4 (iii) a substance with respect to which an exemption is in effect
5 for investigational use by a particular person under Section 505 of
6 the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or
7 chapter 69.77 RCW to the extent conduct with respect to the substance
8 is pursuant to the exemption; or
9 (iv) any substance to the extent not intended for human
10 consumption before an exemption takes effect with respect to the
11 substance.
12 (q) "Deliver" or "delivery" means the actual or constructive
13 transfer from one person to another of a substance, whether or not
14 there is an agency relationship.
15 (r) "Department" means the department of health.
16 (s) "Designated provider" has the meaning provided in RCW
17 69.51A.010.
18 (t) "Dispense" means the interpretation of a prescription or
19 order for a controlled substance and, pursuant to that prescription
20 or order, the proper selection, measuring, compounding, labeling, or
21 packaging necessary to prepare that prescription or order for
22 delivery.
23 (u) "Dispenser" means a practitioner who dispenses.
24 (v) "Distribute" means to deliver other than by administering or
25 dispensing a controlled substance.
26 (w) "Distributor" means a person who distributes.
27 (x) "Drug" means (1) a controlled substance recognized as a drug
28 in the official United States pharmacopoeia/national formulary or the
29 official homeopathic pharmacopoeia of the United States, or any
30 supplement to them; (2) controlled substances intended for use in the
31 diagnosis, cure, mitigation, treatment, or prevention of disease in
32 individuals or animals; (3) controlled substances (other than food)
33 intended to affect the structure or any function of the body of
34 individuals or animals; and (4) controlled substances intended for
35 use as a component of any article specified in (1), (2), or (3) of
36 this subsection. The term does not include devices or their
37 components, parts, or accessories.
38 (y) "Drug enforcement administration" means the drug enforcement
39 administration in the United States Department of Justice, or its
40 successor agency.
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 1 (z) "Electronic communication of prescription information" means
2 the transmission of a prescription or refill authorization for a drug
3 of a practitioner using computer systems. The term does not include a
4 prescription or refill authorization verbally transmitted by
5 telephone nor a facsimile manually signed by the practitioner.
6 (aa) "Immature plant or clone" means a plant or clone that has no
7 flowers, is less than twelve inches in height, and is less than
8 twelve inches in diameter.
9 (bb) "Immediate precursor" means a substance:
10 (1) that the commission has found to be and by rule designates as
11 being the principal compound commonly used, or produced primarily for
12 use, in the manufacture of a controlled substance;
13 (2) that is an immediate chemical intermediary used or likely to
14 be used in the manufacture of a controlled substance; and
15 (3) the control of which is necessary to prevent, curtail, or
16 limit the manufacture of the controlled substance.
17 (cc) "Isomer" means an optical isomer, but in subsection (gg)(5)
18 of this section, RCW 69.50.204(a) (12) and (34), and 69.50.206(b)(4),
19 the term includes any geometrical isomer; in RCW 69.50.204(a) (8) and
20 (42), and 69.50.210(c) the term includes any positional isomer; and
21 in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term
22 includes any positional or geometric isomer.
23 (dd) "Lot" means a definite quantity of cannabis, cannabis
24 concentrates, useable cannabis, or cannabis-infused product
25 identified by a lot number, every portion or package of which is
26 uniform within recognized tolerances for the factors that appear in
27 the labeling.
28 (ee) "Lot number" must identify the licensee by business or trade
29 name and Washington state unified business identifier number, and the
30 date of harvest or processing for each lot of cannabis, cannabis
31 concentrates, useable cannabis, or cannabis-infused product.
32 (ff) "Manufacture" means the production, preparation,
33 propagation, compounding, conversion, or processing of a controlled
34 substance, either directly or indirectly or by extraction from
35 substances of natural origin, or independently by means of chemical
36 synthesis, or by a combination of extraction and chemical synthesis,
37 and includes any packaging or repackaging of the substance or
38 labeling or relabeling of its container. The term does not include
39 the preparation, compounding, packaging, repackaging, labeling, or
40 relabeling of a controlled substance:
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 1 (1) by a practitioner as an incident to the practitioner's
2 administering or dispensing of a controlled substance in the course
3 of the practitioner's professional practice; or
4 (2) by a practitioner, or by the practitioner's authorized agent
5 under the practitioner's supervision, for the purpose of, or as an
6 incident to, research, teaching, or chemical analysis and not for
7 sale.
8 (gg) "Narcotic drug" means any of the following, whether produced
9 directly or indirectly by extraction from substances of vegetable
10 origin, or independently by means of chemical synthesis, or by a
11 combination of extraction and chemical synthesis:
12 (1) Opium, opium derivative, and any derivative of opium or opium
13 derivative, including their salts, isomers, and salts of isomers,
14 whenever the existence of the salts, isomers, and salts of isomers is
15 possible within the specific chemical designation. The term does not
16 include the isoquinoline alkaloids of opium.
17 (2) Synthetic opiate and any derivative of synthetic opiate,
18 including their isomers, esters, ethers, salts, and salts of isomers,
19 esters, and ethers, whenever the existence of the isomers, esters,
20 ethers, and salts is possible within the specific chemical
21 designation.
22 (3) Poppy straw and concentrate of poppy straw.
23 (4) Coca leaves, except coca leaves and extracts of coca leaves
24 from which cocaine, ecgonine, and derivatives or ecgonine or their
25 salts have been removed.
26 (5) Cocaine, or any salt, isomer, or salt of isomer thereof.
27 (6) Cocaine base.
28 (7) Ecgonine, or any derivative, salt, isomer, or salt of isomer
29 thereof.
30 (8) Any compound, mixture, or preparation containing any quantity
31 of any substance referred to in (1) through (7) of this subsection.
32 (hh) "Opiate" means any substance having an addiction-forming o