H-2632.1
SECOND SUBSTITUTE HOUSE BILL 1668
State of Washington 67th Legislature 2022 Regular Session
By House Appropriations (originally sponsored by Representatives
Kloba, Wylie, and Young; by request of Liquor and Cannabis Board)
READ FIRST TIME 02/07/22.
1 AN ACT Relating to expanding regulatory authority over
2 cannabinoids that may be impairing and providing for enhanced product
3 safety and consumer information disclosure about marijuana products;
4 amending RCW 69.50.325, 69.50.326, 69.50.342, 69.50.363, 69.50.455,
5 69.50.375, 82.08.9998, and 82.12.9998; reenacting and amending RCW
6 69.50.101; adding new sections to chapter 69.50 RCW; creating a new
7 section; and providing an effective date.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9 NEW SECTION. Sec. 1. Due to the evolving nature of new
10 cannabinoids being identified in the plant Cannabis that may be
11 impairing, the legislature finds there is a need to provide consumers
12 legal access to products that have been tested and which meet the
13 same standards for quality and safety as delta-9
14 tetrahydrocannabinol. The legislature further finds there is a need
15 to require labeling, serving size, potency, and ingredient disclosure
16 standards for any impairing cannabinoid product. The legislature
17 further finds there is a need to distinguish cannabinoids derived
18 from natural plants that are prepared for human consumption and the
19 more unpredictable artificial cannabinoids created solely through
20 chemical reactions. The legislature further recognizes the need to
21 maintain clarity between plants defined as marijuana and plants
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1 defined as hemp. The primary purpose of this act is to authorize the
2 liquor and cannabis board to regulate all cannabinoids that may be
3 impairing, regardless of origin, and to direct the board to adopt
4 rules related to cannabinoid products and Cannabis isolates, except
5 those authorized as a drug by the federal food and drug
6 administration.
7 Sec. 2. RCW 69.50.101 and 2020 c 133 s 2 and 2020 c 80 s 43 are
8 each reenacted and amended to read as follows:
9 The definitions in this section apply throughout this chapter
10 unless the context clearly requires otherwise.
11 (a) "Administer" means to apply a controlled substance, whether
12 by injection, inhalation, ingestion, or any other means, directly to
13 the body of a patient or research subject by:
14 (1) a practitioner authorized to prescribe (or, by the
15 practitioner's authorized agent); or
16 (2) the patient or research subject at the direction and in the
17 presence of the practitioner.
18 (b) "Agent" means an authorized person who acts on behalf of or
19 at the direction of a manufacturer, distributor, or dispenser. It
20 does not include a common or contract carrier, public
21 warehouseperson, or employee of the carrier or warehouseperson.
22 (c) "Artificial cannabinoid" means a solely chemically created
23 substance that does not originate from the plant Cannabis but is
24 structurally the same or substantially similar to the molecular
25 structure of any substance derived from the plant Cannabis that may
26 be a cannabinoid receptor agonist and includes, but is not limited
27 to, any material, compound, mixture, or preparation that is not
28 listed as a controlled substance in Schedules I through V of the
29 Washington state controlled substances act. Artificial cannabinoids
30 do not include:
31 (1) A naturally occurring chemical substance that is separated
32 from the plant Cannabis by a chemical or mechanical extraction
33 process;
34 (2) Cannabinoids that are produced by decarboxylation from a
35 naturally occurring cannabinoid acid without the use of a chemical
36 catalyst; or
37 (3) Any other chemical substance resembling in any manner a
38 compound found in the plant Cannabis that is identified by the board
39 in consultation with the department, by rule.
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 1 (d) "Board" means the Washington state liquor and cannabis board.
2 (((d))) (e) "Cannabinoid" means any of the chemical compounds
3 that are the active constituents of the plant Cannabis and their
4 acids including, but not limited to, tetrahydrocannabinol,
5 tetrahydrocanabinolic acid, cannabidiol, cannabidiolic acid,
6 cannabinol, cannabigeral, cannabichromence, cannabicyclol,
7 cannabivarin, tetrahydrocannabivarin, cannabidivarin,
8 cannabichromevarin, cannabigerovarin, cannabigerol monomethyl ether,
9 cannabielsoin, and cannabicitran. Cannabinoids do not include
10 artificial cannabinoids.
11 (f) "Catalyst" means a substance that increases the rate of a
12 chemical reaction without itself undergoing any permanent chemical
13 change.
14 (g) "CBD concentration" has the meaning provided in RCW
15 69.51A.010.
16 (((e))) (h) "CBD product" means any product containing or
17 consisting of cannabidiol that does not exceed 0.3 percent THC on a
18 dry weight basis and that does not contain more than 0.5 milligrams
19 per serving or two milligrams total in the packaged product of a
20 cannabinoid that may be impairing.
21 (((f))) (i) "Commission" means the pharmacy quality assurance
22 commission.
23 (((g))) (j) "Controlled substance" means a drug, substance, or
24 immediate precursor included in Schedules I through V as set forth in
25 federal or state laws, or federal or commission rules, but does not
26 include hemp or industrial hemp as defined in RCW 15.140.020.
27 (((h))) (k)(1) "Controlled substance analog" means a substance
28 the chemical structure of which is substantially similar to the
29 chemical 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:
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 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 (((i))) (l) "Deliver" or "delivery" means the actual or
13 constructive transfer from one person to another of a substance,
14 whether or not there is an agency relationship.
15 (((j))) (m) "Department" means the department of health.
16 (((k))) (n) "Designated provider" has the meaning provided in RCW
17 69.51A.010.
18 (((l))) (o) "Dispense" means the interpretation of a prescription
19 or order for a controlled substance and, pursuant to that
20 prescription or order, the proper selection, measuring, compounding,
21 labeling, or packaging necessary to prepare that prescription or
22 order for delivery.
23 (((m))) (p) "Dispenser" means a practitioner who dispenses.
24 (((n))) (q) "Distillate" means an extract from the plant Cannabis
25 where a segment of one or more cannabinoids from an initial
26 extraction are selectively concentrated through a mechanical or
27 chemical process, or both, with all impurities removed.
28 (r) "Distribute" means to deliver other than by administering or
29 dispensing a controlled substance.
30 (((o))) (s) "Distributor" means a person who distributes.
31 (((p))) (t) "Drug" means (1) a controlled substance recognized as
32 a drug in the official United States pharmacopoeia/national formulary
33 or the official homeopathic pharmacopoeia of the United States, or
34 any supplement to them; (2) controlled substances intended for use in
35 the diagnosis, cure, mitigation, treatment, or prevention of disease
36 in individuals or animals; (3) controlled substances (other than
37 food) intended to affect the structure or any function of the body of
38 individuals or animals; and (4) controlled substances intended for
39 use as a component of any article specified in (1), (2), or (3) of
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 1 this subsection. The term does not include devices or their
2 components, parts, or accessories.
3 (((q))) (u) "Drug enforcement administration" means the drug
4 enforcement administration in the United States Department of
5 Justice, or its successor agency.
6 (((r))) (v) "Electronic communication of prescription
7 information" means the transmission of a prescription or refill
8 authorization for a drug of a practitioner using computer systems.
9 The term does not include a prescription or refill authorization
10 verbally transmitted by telephone nor a facsimile manually signed by
11 the practitioner.
12 (((s))) (w) "Extract" means a solid, viscid, or liquid substance
13 extracted from a plant, or the like, containing its essence in
14 concentrated or isolated form.
15 (x) "Extraction" means the process to separate or obtain a solid,
16 viscid, or liquid substance from a plant or parts of a plant, by
17 pressure, distillation, treatment with solvents, or the like.
18 (y) "Immature plant or clone" means a plant or clone that has no
19 flowers, is less than twelve inches in height, and is less than
20 twelve inches in diameter.
21 (((t))) (z) "Immediate precursor" means a substance:
22 (1) that the commission has found to be and by rule designates as
23 being the principal compound commonly used, or produced primarily for
24 use, in the manufacture of a controlled substance;
25 (2) that is an immediate chemical intermediary used or likely to
26 be used in the manufacture of a controlled substance; and
27 (3) the control of which is necessary to prevent, curtail, or
28 limit the manufacture of the controlled substance.
29 (((u))) (aa) "Impairing" in relation to a cannabinoid means a
30 psychotropic constituent of the plant cannabis which may diminish a
31 person's cognitive, mental, or physical function or ability. For
32 purposes only of sections 3, 4, 5, 6, and 7 of this act, the board
33 may further revise the definition of impairing by rule in accordance
34 with chapter 34.05 RCW.
35 (bb) "Isolate" means extract from the plant Cannabis of 95
36 percent or more of a single cannabinoid compound.
37 (cc) "Isomer" means an optical isomer, but in subsection (((gg)))
38 (oo)(5) of this section, RCW 69.50.204(a) (12) and (34), and
39 69.50.206(b)(4), the term includes any geometrical isomer; in RCW
40 69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any
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 1 positional isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and
2 69.50.208(a) the term includes any positional or geometric isomer.
3 (((v))) (dd) "Lot" means a definite quantity of marijuana,
4 marijuana concentrates, useable marijuana, or marijuana-infused
5 product identified by a lot number, every portion or package of which
6 is uniform within recognized tolerances for the factors that appear
7 in the labeling.
8 (((w))) (ee) "Lot number" must identify the licensee by business
9 or trade name and Washington state unified business identifier
10 number, and the date of harvest or processing for each lot of
11 marijuana, marijuana concentrates, useable marijuana, or marijuana-
12 infused product.
13 (((x))) (ff) "Manufacture" means the production, preparation,
14 propagation, compounding, conversion, or processing of a controlled
15 substance, either directly or indirectly or by extraction from
16 substances of natural origin, or independently by means of chemical
17 synthesis, or by a combination of extraction and chemical synthesis,
18 and includes any packaging or repackaging of the substance or
19 labeling or relabeling of its container. The term does not include
20 the preparation, compounding, packaging, repackaging, labeling, or
21 relabeling of a controlled substance:
22 (1) by a practitioner as an incident to the practitioner's
23 administering or dispensing of a controlled substance in the course
24 of the practitioner's professional practice; or
25 (2) by a practitioner, or by the practitioner's authorized agent
26 under the practitioner's supervision, for the purpose of, or as an
27 incident to, research, teaching, or chemical analysis and not for
28 sale.
29 (((y))) (gg) "Marijuana" or "marihuana" means all parts of the
30 plant Cannabis((, whether growing or not,)) with a ((THC))
31 tetrahydrocannabinol concentration ((greater)) of more than 0.3
32 percent on a dry weight basis, whether growing or not; the seeds
33 thereof; the resin extracted from any part of the plant, including
34 concentrated resins, cannabinoids, and the products thereof; and
35 every compound, manufacture, salt, derivative, mixture, or
36 preparation of the plant, its seeds or resin. The term does not
37 include:
38 (1) The mature stalks of the plant, fiber produced from the
39 stalks, oil or cake made from the seeds of the plant, any other
40 compound, manufacture, salt, derivative, mixture, or preparation of
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 1 the mature stalks (except the resin extracted therefrom), fiber, oil,
2 or cake, or the sterilized seed of the plant which is incapable of
3 germination; or
4 (2) Hemp or industrial hemp as defined in RCW 15.140.020((,)) or
5 seeds used for licensed hemp production under chapter 15.140 RCW,
6 unless the tetrahydrocannabinol concentration is greater than 0.3
7 percent on a dry weight basis.
8 (((z))) (hh) "Marijuana concentrates" means products consisting
9 wholly or in part of the resin extracted from any part of the plant
10 Cannabis ((and having a THC concentration)) containing greater than
11 ten percent total THC such as, but not limited to, kief, live resin,
12 rosin, hash, or bubble hash.
13 (((aa))) (ii) "Marijuana processor" means a person licensed by
14 the board to process marijuana of natural origin, grown by a licensed
15 producer, either directly or indirectly or by extraction from the
16 plant Cannabis as defined in subsection (tt) of this section, unless
17 sourced and used as an additive in accordance with RCW 69.50.326,
18 into marijuana concentrates, useable marijuana, and marijuana-infused
19 products, package and label marijuana concentrates, useable
20 marijuana, and marijuana-infused products for sale in retail outlets,
21 ((and)) sell marijuana concentrates, useable marijuana, and
22 marijuana-infused products for sale in retail outlets, and sell
23 marijuana concentrates, useable marijuana, and marijuana-infused
24 products at wholesale to marijuana retailers.
25 (((bb))) (jj) "Marijuana producer" means a person licensed by the
26 board to produce, prepare, and propagate marijuana directly from a
27 natural origin and sell ((marijuana)) at wholesale to marijuana
28 processors and other marijuana producers.
29 (((cc))) (kk) "Marijuana products" means useable marijuana,
30 marijuana concentrates, and marijuana-infused products as defined in
31 this section and also includes any product with 0.5 milligrams or
32 more per serving or two milligrams or more per package of a
33 cannabinoid that may be impairing or that is marketed as such.
34 (((dd))) (ll) "Marijuana researcher" means a person licensed by
35 the board to produce, process, and possess marijuana for the purposes
36 of conducting research on marijuana and marijuana-derived drug
37 products.
38 (((ee))) (mm) "Marijuana retailer" means a person licensed by the
39 board to sell marijuana concentrates, useable marijuana, and
40 marijuana-infused products in a retail outlet.
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 1 (((ff))) (nn) "Marijuana-infused products" means products that
2 contain marijuana or marijuana extracts, isolates, or distillates,
3 that are intended for human use, are derived from marijuana as
4 defined in subsection (((y))) (gg) of this section, and ((have a THC
5 concentration)) contain no greater than ten percent total THC. The
6 term "marijuana-infused products" does not include either useable
7 marijuana or marijuana concentrates.
8 (((gg))) (oo) "Narcotic drug" means any of the following, whether
9 produced directly or indirectly by extraction from substances of
10 vegetable origin, or independently by means of chemical synthesis, or
11 by a combination of extraction and chemical synthesis:
12 (1) Opium, opium d