Bill Summary – FastDemocracy

Z-0189.1
                                HOUSE BILL 1612
     State of Washington       68th Legislature        2023 Regular Session
     By Representatives Kloba, Callan, Orwall, Ramel, Wylie, and Pollet;
     by request of Liquor and Cannabis Board
     Read first time 01/26/23.      Referred   to   Committee   on   Regulated
     Substances & Gaming.
     AN ACT Relating to the regulation of products containing THC;
 amending RCW 15.140.020, 69.50.326, and 69.50.346; reenacting and
 amending RCW 69.50.101; and adding a new section to chapter 69.50
 RCW.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 15.140.020 and 2022 c 16 s 19 are each amended to
 read as follows:
     The definitions in this section apply throughout this chapter
 unless the context clearly requires otherwise.
     (1) "Agriculture improvement act of 2018" means sections 7605,
 10113, 10114, and 12619 of the agriculture improvement act of 2018,
 P.L. 115-334.
     (2) "Cannabis" has the meaning provided in RCW 69.50.101.
     (3) "Crop" means hemp grown as an agricultural commodity.
     (4) "Cultivar" means a variation of the plant Cannabis sativa L.
 that has been developed through cultivation by selective breeding.
     (5) "Department" means the Washington state department of
 agriculture.
     (6) "Food" has the same meaning as defined in RCW 69.07.010.
     (7) "Hemp" means the plant Cannabis sativa L. and any part of
 that plant, including the seeds thereof and all derivatives,
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 extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
 whether   growing  or   not,  with   a  delta-9   tetrahydrocannabinol
 concentration of not more than 0.3 percent on a dry weight basis.
     (8) "Hemp consumable" means a product that is not a cannabis
 product, as defined in RCW 69.50.101, and is intended to be consumed
 or absorbed inside the body by any means, including inhalation,
 ingestion, or insertion, that is sold or provided to another person
 with a THC concentration of not more than:
     (a) One milligram THC per unit, as defined in RCW 69.50.101; and
     (b) Three milligrams THC in a package of product, as defined in
 RCW 69.50.101.
     (9) "Hemp processor" means a person who takes possession of raw
 hemp material with the intent to modify, package, or sell a
 transitional or finished hemp product.
     (((9))) (10)(a) "Industrial hemp" means all parts and varieties
 of the genera Cannabis, cultivated or possessed by a grower, whether
 growing or not, that contain a tetrahydrocannabinol concentration of
 0.3 percent or less by dry weight that was grown under the industrial
 hemp research program as it existed on December 31, 2019.
     (b) "Industrial hemp" does not include plants of the genera
 Cannabis that meet the definition of "cannabis".
     (((10))) (11) "Postharvest test" means a test of ((delta-9))
 tetrahydrocannabinol concentration levels of hemp after being
 harvested based on:
     (a) Ground whole plant samples without heat applied; or
     (b) Other approved testing methods.
     (((11))) (12) "Process" means the processing, compounding, or
 conversion of hemp into hemp commodities or products.
     (((12))) (13) "Produce" or "production" means the planting,
 cultivation, growing, or harvesting of hemp including hemp seed.
     Sec. 2. RCW 69.50.101 and 2022 c 16 s 51 are each reenacted and
 amended to read as follows:
     The definitions in this section apply throughout this chapter
 unless the context clearly requires otherwise.
     (a) "Administer" means to apply a controlled substance, whether
 by injection, inhalation, ingestion, or any other means, directly to
 the body of a patient or research subject by:
     (1) a practitioner authorized to prescribe (or, by the
 practitioner's authorized agent); or
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      (2) the patient or research subject at the direction and in the
 presence of the practitioner.
      (b) "Agent" means an authorized person who acts on behalf of or
 at the direction of a manufacturer, distributor, or dispenser. It
 does    not   include   a   common    or   contract   carrier,   public
 warehouseperson, or employee of the carrier or warehouseperson.
      (c) "Board" means the Washington state liquor and cannabis board.
      (d) "Cannabis" means all parts of the plant Cannabis, whether
 growing or not, with a THC concentration greater than 0.3 percent on
 a dry weight basis((; the seeds thereof; the resin extracted from any
 part of the plant; and every compound, manufacture, salt, derivative,
 mixture, or preparation of the plant, its seeds or resin. The term
 does not include:
     (1) The mature stalks of the plant, fiber produced from the
 stalks, oil or cake made from the seeds of the plant, any other
 compound, manufacture, salt, derivative, mixture, or preparation of
 the mature stalks (except the resin extracted therefrom), fiber, oil,
 or cake, or the sterilized seed of the plant which is incapable of
 germination; or
     (2) Hemp or industrial hemp as defined in RCW 15.140.020,))
 during the growing cycle through harvest and usable cannabis.
 "Cannabis" does not include hemp or industrial hemp as defined in RCW
 15.140.020, or seeds used for licensed hemp production under chapter
 15.140 RCW.
     (e) "Cannabis concentrates" means products consisting wholly or
 in part of the resin extracted from any part of the plant Cannabis
 and having a THC concentration greater than ten percent.
     (f) "Cannabis processor" means a person licensed by the board to
 process cannabis into cannabis concentrates, useable cannabis, and
 cannabis-infused products, package and label cannabis concentrates,
 useable cannabis, and cannabis-infused products for sale in retail
 outlets, and sell cannabis concentrates, useable cannabis, and
 cannabis-infused products at wholesale to cannabis retailers.
     (g) "Cannabis producer" means a person licensed by the board to
 produce and sell cannabis at wholesale to cannabis processors and
 other cannabis producers.
     (h)   "Cannabis  products"   means   useable  cannabis,   cannabis
 concentrates, and cannabis-infused products as defined in this
 section, including any product intended to be consumed or absorbed
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 inside the body by any means including inhalation, ingestion, or
 insertion, with a THC concentration of more than:
     (1)(i) One milligram THC per unit; and
     (ii) Three milligrams THC in a package of product.
     (2) The term does not include:
     (i) Cannabis health and beauty aids as defined in RCW 69.50.575;
 or
     (ii) A hemp consumable as defined in RCW 15.140.020.
     (i) "Cannabis researcher" means a person licensed by the board to
 produce, process, and possess cannabis for the purposes of conducting
 research on cannabis and cannabis-derived drug products.
     (j) "Cannabis retailer" means a person licensed by the board to
 sell cannabis concentrates, useable cannabis, and cannabis-infused
 products in a retail outlet.
     (k) "Cannabis-infused products" means products that contain
 cannabis or cannabis extracts, are intended for human use, are
 derived from cannabis as defined in subsection (d) of this section,
 and have a THC concentration no greater than ten percent. The term
 "cannabis-infused products" does not include either useable cannabis
 or cannabis concentrates.
     (l) "CBD concentration" has the meaning provided in RCW
 69.51A.010.
     (m) "CBD product" means any product containing or consisting of
 cannabidiol.
     (n) "Commission" means the pharmacy quality assurance commission.
     (o) "Controlled substance" means a drug, substance, or immediate
 precursor included in Schedules I through V as set forth in federal
 or state laws, or federal or commission rules, but does not include
 hemp or industrial hemp as defined in RCW 15.140.020.
     (p)(1) "Controlled substance analog" means a substance the
 chemical structure of which is substantially similar to the chemical
 structure of a controlled substance in Schedule I or II and:
     (i) that has a stimulant, depressant, or hallucinogenic effect on
 the central nervous system substantially similar to the stimulant,
 depressant, or hallucinogenic effect on the central nervous system of
 a controlled substance included in Schedule I or II; or
     (ii) with respect to a particular individual, that the individual
 represents   or  intends   to  have   a   stimulant,  depressant,   or
 hallucinogenic effect on the central nervous system substantially
 similar to the stimulant, depressant, or hallucinogenic effect on the
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 central nervous system of a controlled substance included in Schedule
 I or II.
     (2) The term does not include:
     (i) a controlled substance;
     (ii) a substance for which there is an approved new drug
 application;
     (iii) a substance with respect to which an exemption is in effect
 for investigational use by a particular person under Section 505 of
 the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or
 chapter 69.77 RCW to the extent conduct with respect to the substance
 is pursuant to the exemption; or
     (iv) any substance to the extent not intended for human
 consumption before an exemption takes effect with respect to the
 substance.
     (q) "Deliver" or "delivery" means the actual or constructive
 transfer from one person to another of a substance, whether or not
 there is an agency relationship.
     (r) "Department" means the department of health.
     (s) "Designated provider" has the meaning provided in RCW
 69.51A.010.
     (t) "Dispense" means the interpretation of a prescription or
 order for a controlled substance and, pursuant to that prescription
 or order, the proper selection, measuring, compounding, labeling, or
 packaging necessary to prepare that prescription or order for
 delivery.
     (u) "Dispenser" means a practitioner who dispenses.
     (v) "Distribute" means to deliver other than by administering or
 dispensing a controlled substance.
     (w) "Distributor" means a person who distributes.
     (x) "Drug" means (1) a controlled substance recognized as a drug
 in the official United States pharmacopoeia/national formulary or the
 official homeopathic pharmacopoeia of the United States, or any
 supplement to them; (2) controlled substances intended for use in the
 diagnosis, cure, mitigation, treatment, or prevention of disease in
 individuals or animals; (3) controlled substances (other than food)
 intended to affect the structure or any function of the body of
 individuals or animals; and (4) controlled substances intended for
 use as a component of any article specified in (1), (2), or (3) of
 this subsection. The term does not include devices or their
 components, parts, or accessories.
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     (y) "Drug enforcement administration" means the drug enforcement
 administration in the United States Department of Justice, or its
 successor agency.
     (z) "Electronic communication of prescription information" means
 the transmission of a prescription or refill authorization for a drug
 of a practitioner using computer systems. The term does not include a
 prescription   or  refill   authorization   verbally  transmitted  by
 telephone nor a facsimile manually signed by the practitioner.
     (aa) "Immature plant or clone" means a plant or clone that has no
 flowers, is less than twelve inches in height, and is less than
 twelve inches in diameter.
     (bb) "Immediate precursor" means a substance:
     (1) that the commission has found to be and by rule designates as
 being the principal compound commonly used, or produced primarily for
 use, in the manufacture of a controlled substance;
     (2) that is an immediate chemical intermediary used or likely to
 be used in the manufacture of a controlled substance; and
     (3) the control of which is necessary to prevent, curtail, or
 limit the manufacture of the controlled substance.
     (cc) "Isomer" means an optical isomer, but in subsection (gg)(5)
 of this section, RCW 69.50.204(a) (12) and (34), and 69.50.206(b)(4),
 the term includes any geometrical isomer; in RCW 69.50.204(a) (8) and
 (42), and 69.50.210(c) the term includes any positional isomer; and
 in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term
 includes any positional or geometric isomer.
     (dd) "Lot" means a definite quantity of cannabis, cannabis
 concentrates,    useable  cannabis,    or   cannabis-infused   product
 identified by a lot number, every portion or package of which is
 uniform within recognized tolerances for the factors that appear in
 the labeling.
     (ee) "Lot number" must identify the licensee by business or trade
 name and Washington state unified business identifier number, and the
 date of harvest or processing for each lot of cannabis, cannabis
 concentrates, useable cannabis, or cannabis-infused product.
     (ff)    "Manufacture"   means    the   production,    preparation,
 propagation, compounding, conversion, or processing of a controlled
 substance, either directly or indirectly or by extraction from
 substances of natural origin, or independently by means of chemical
 synthesis, or by a combination of extraction and chemical synthesis,
 and includes any packaging or repackaging of the substance or
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 labeling or relabeling of its container. The term does not include
 the preparation, compounding, packaging, repackaging, labeling, or
 relabeling of a controlled substance:
     (1) by a practitioner as an incident to the practitioner's
 administering or dispensing of a controlled substance in the course
 of the practitioner's professional practice; or
     (2) by a practitioner, or by the practitioner's authorized agent
 under the practitioner's supervision, for the purpose of, or as an
 incident to, research, teaching, or chemical analysis and not for
 sale.
     (gg) "Narcotic drug" means any of the following, whether produced
 directly or indirectly by extraction from substances of vegetable
 origin, or independently by means of chemical synthesis, or by a
 combination of extraction and chemical synthesis:
     (1) Opium, opium derivative, and any derivative of opium or opium
 derivative, including their salts, isomers, and salts of isomers,
 whenever the existence of the salts, isomers, and salts of isomers is
 possible within the specific chemical designation. The term does not
 include the isoquinoline alkaloids of opium.
     (2) Synthetic opiate and any derivative of synthetic opiate,
 including their isomers, esters, ethers, salts, and salts of isomers,
 esters, and ethers, whenever the existence of the isomers, esters,
 ethers, and salts is possible within the specific chemical
 designation.
     (3) Poppy straw and concentrate of poppy straw.
     (4) Coca leaves, except coca leaves and extracts of coca leaves
 from which cocaine, ecgonine, and derivatives or ecgonine or their
 salts have been removed.
     (5) Cocaine, or any salt, isomer, or salt of isomer thereof.
     (6) Cocaine base.
     (7) Ecgonine, or any derivative, salt, isomer, or salt of isomer
 thereof.
     (8) Any compound, mixture, or preparation containing any quantity
 of any substance referred to in (1) through (7) of this subsection.
     (hh) "Opiate" means any substance having an addiction-forming or
 addiction-sustaining liability similar to morphine or being capable
 of conversion into a drug having addiction-forming or addiction-
 sustaining liability. The term includes opium, substances derived
 from opium (opium derivatives), and synthetic opiates. The term does
 not include, unless specifically designated as controlled under RCW
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 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan
 and its salts (dextromethorphan). The term includes the racemic and
 levorotatory forms of dextromethorphan.
     (ii) "Opium poppy" means the plant of the species Papaver
 somniferum L., except its seeds.
     (jj) "Person" means individual, corporation, business trust,
 estate, trust, partnership, association, joint venture, government,
 governmental subdivision or agency, or any other legal or commercial
 entity.
     (kk) "Plant" has the meaning provided in RCW 69.51A.010.
     (ll) "Poppy straw" means all parts, except the seeds, of the
 opium poppy, after mowing.
     (mm) "Practitioner" means:
     (1) A physician under chapter 18.71 RCW; a physician assistant
 under chapter 18.71A RCW; an osteopathic physician and surgeon under
 chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW
 who is certified by the optometry board under RCW 18.53.010 subject
 to any