Some things you should consider before using marijuana in
Washington:
Rev. Code Wash. (ARCW) § 69.50.201 (2007)
§ 69.50.201. Enforcement of chapter -- Authority to change schedules
of controlled substances
(a) The state board of pharmacy shall enforce this chapter and may
add substances to or delete or reschedule substances listed in RCW
69.50.204, 69.50.206, 69.50.208, 69.50.210, or 69.50.212 pursuant to
the procedures of chapter 34.05 RCW.
(1) In making a determination regarding a substance, the board shall
consider the following:
(i) the actual or relative potential for abuse;
(ii) the scientific evidence of its pharmacological effect, if
known;
(iii) the state of current scientific knowledge regarding the
substance;
(iv) the history and current pattern of abuse;
(v) the scope, duration, and significance of abuse;
(vi) the risk to the public health;
(vii) the potential of the substance to produce psychic or
physiological dependence liability; and
(viii) whether the substance is an immediate precursor of a
controlled substance.
(2) The board may consider findings of the federal Food and Drug
Administration or the Drug Enforcement Administration as prima facie
evidence relating to one or more of the determinative factors.
(b) After considering the factors enumerated in subsection (a) of
this section, the board shall make findings with respect thereto and
adopt and cause to be published a rule controlling the substance
upon finding the substance has a potential for abuse.
(c) The board, without regard to the findings required by subsection
(a) of this section or RCW 69.50.203, 69.50.205, 69.50.207,
69.50.209, and 69.50.211 or the procedures prescribed by subsections
(a) and (b) of this section, may place an immediate precursor in the
same schedule in which the controlled substance of which it is an
immediate precursor is placed or in any other schedule. If the board
designates a substance as an immediate precursor, substances that
are precursors of the controlled precursor are not subject to
control solely because they are precursors of the controlled
precursor.
(d) If a substance is designated, rescheduled, or deleted as a
controlled substance under federal law, the board shall similarly
control the substance under this chapter after the expiration of
thirty days from the date of publication in the federal register of
a final order designating the substance as a controlled substance or
rescheduling or deleting the substance or from the date of issuance
of an order of temporary scheduling under Section 508 of the federal
Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. Sec. 811(h),
unless within that thirty-day period, the board or an interested
party objects to inclusion, rescheduling, temporary scheduling, or
deletion. If no objection is made, the board shall adopt and cause
to be published, without the necessity of making determinations or
findings as required by subsection (a) of this section or RCW
69.50.203, 69.50.205, 69.50.207, 69.50.209, and 69.50.211, a final
rule, for which notice of proposed rule making is omitted,
designating, rescheduling, temporarily scheduling, or deleting the
substance. If an objection is made, the board shall make a
determination with respect to the designation, rescheduling, or
deletion of the substance as provided by subsection (a) of this
section. Upon receipt of an objection to inclusion, rescheduling, or
deletion under this chapter by the board, the board shall publish
notice of the receipt of the objection, and control under this
chapter is stayed until the board adopts a rule as provided by
subsection (a) of this section.
(e) The board, by rule and without regard to the requirements of
subsection (a) of this section, may schedule a substance in Schedule
I regardless of whether the substance is substantially similar to a
controlled substance in Schedule I or II if the board finds that
scheduling of the substance on an emergency basis is necessary to
avoid an imminent hazard to the public safety and the substance is
not included in any other schedule or no exemption or approval is in
effect for the substance under Section 505 of the federal Food,
Drug, and Cosmetic Act, 21 U.S.C. Sec. 355. Upon receipt of notice
under RCW 69.50.214, the board shall initiate scheduling of the
controlled substance analog on an emergency basis pursuant to this
subsection. The scheduling of a substance under this subsection
expires one year after the adoption of the scheduling rule. With
respect to the finding of an imminent hazard to the public safety,
the board shall consider whether the substance has been scheduled on
a temporary basis under federal law or factors set forth in
subsection (a)(1)(iv), (v), and (vi) of this section, and may also
consider clandestine importation, manufacture, or distribution, and,
if available, information concerning the other factors set forth in
subsection (a)(1) of this section. A rule may not be adopted under
this subsection until the board initiates a rule-making proceeding
under subsection (a) of this section with respect to the substance.
A rule adopted under this subsection must be vacated upon the
conclusion of the rule-making proceeding initiated under subsection
(a) of this section with respect to the substance.
(g) [(f)] Authority to control under this section does not extend to
distilled spirits, wine, malt beverages, or tobacco as those terms
are defined or used in Titles 66 and 26 RCW.
Legal effect of the Medical Marijuana Act was not to implicitly
repeal a
statutory classification of marijuana as a schedule I controlled substance
because the subject matter of the Medical Marijuana Act does not cover the
entire scope of chapter 69.50 RCW, the Uniform Controlled Substances Act, nor
was it meant to; the Medical Marijuana Act only provides an affirmative defense
to the drug crime. State v. Hanson, 138 Wn. App. 322, 157 P.3d 438 (2007).
Court of Appeals of Washington, Division Three/Aadoes not read the
Medical Marijuana Act and the Uniform Controlled Substances Act as
inconsistent. Indeed, the Medical Marijuana Act never addresses
whether marijuana has a currently accepted medical use, it only
states that some patients may benefit from medical marijuana. State
v. Hanson, 138 Wn. App. 322, 157 P.3d 438 (2007).
The controlled substances therapeutic research act recognizes
that there may be medical uses for marijuana but does not manifest a
legislative finding that there is an accepted medical use for the drug;
accordingly, the retention of marijuana as a schedule I drug for
purposes other than the research program cannot reasonably be said to
bear no rational relation to a legitimate legislative purpose. State v.
Whitney, 96 Wn.2d 578, 637 P.2d 956 (1981).
Rev. Code Wash. (ARCW) § 69.50.203 (2007)
§ 69.50.203. Schedule I tests
(a) The state board of pharmacy shall place a substance in Schedule
I upon finding that the substance:
(1) has high potential for abuse;
(2) has no currently accepted medical use in treatment in the United
States; and
(3) lacks accepted safety for use in treatment under medical
supervision.
(b) The board may place a substance in Schedule I without making the
findings required by subsection (a) of this section if the substance
is controlled under Schedule I of the federal Controlled Substances
Act by a federal agency as the result of an international treaty,
convention, or protocol.
Rev. Code Wash. (ARCW) § 69.50.204 (2007)
§ 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-phenylacetami de);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol;
(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-phenylpropanam
ide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropan amide);
(12) Beta-hydroxy-3-methylfentanyl some trade or other names:
N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpro
panamide;
(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
-phenylpropanamide);
(35) 3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropa
namide);
(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-p
iperidinyl] 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) 3,4-methylenedioxy-N-ethylamphetamine some trade or other names:
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenthylamine, N-ethyl MDA,
MDE, MDEA;
(9) N-hydroxy-3,4-methylenedioxyamphetamine some trade or other
names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and
N-hydroxy MDA;
(10) Dihydromorphine;
(11) Drotebanol;
(12) Etorphine, except hydrochloride salt;
(13) Heroin;
(14) Hydromorphinol;
(15) Methyldesorphine;
(16) Methyldihydromorphine;
(17) Morphine methylbromide;
(18) Morphine methylsulfonate;
(19) Morphine-N-Oxide;
(20) Myrophine;
(21) Nicocodeine;
(22) Nicomorphine;
(23) Normorphine;
(24) Pholcodine;
(25) 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.
(1) 4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names:
4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;
(2) 2,5-dimethoxyamphetamine: Some trade or other names:
2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA;
(3) 4-methoxyamphetamine: Some trade or other names:
4-methoxy-a-methylphenethylamine; paramethoxyamphetamine, PMA;
(4) 5-methoxy-3,4-methylenedioxy-amphetamine;
(5) 4-methyl-2,5-dimethoxy-amphetamine: Some trade and other names:
4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and "STP";
(6) 3,4-methylenedioxy amphetamine;
(7) 3,4-methylenedioxymethamphetamine (MDMA);
(8) 3,4,5-trimethoxy amphetamine;
(9) 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;
(10) Diethyltryptamine: Some trade or other names:
N,N-Diethyltryptamine; DET;
(11) Dimethyltryptamine: Some trade or other names: DMT;
(12) 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;
(13) Lysergic acid diethylamide;
(14) Marihuana or marijuana;
(15) Mescaline;
(16) 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;
(17) 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));
(18) N-ethyl-3-piperidyl benzilate;
(19) N-methyl-3-piperidyl benzilate;
(20) Psilocybin;
(21) Psilocyn;
(22) Tetrahydrocannabinols, 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) Delta 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) Delta 6 - cis - or trans tetrahydrocannabinol, and their
optical isomers;
(iii) Delta 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.)
(23) Ethylamine analog of phencyclidine: Some trade or other names:
N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine;
N-(1-phenylcyclohexyl) ethylamine; cyclohexamine; PCE;
(24) Pyrrolidine analog of phencyclidine: Some trade or other names:
1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;
(25) Thiophene analog of phencyclidine: Some trade or other names:
1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of
phencyclidine; TPCP; TCP;
(26) 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) Mecloqualone;
(2) 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) Fenethylline;
(2) (+-)cis-4-methylaminorex
((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(3) N-ethylamphetamine;
(4) 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 rescheduled or
deleted as provided for in RCW 69.50.201.