INITIATIVE 502 To the Legislature Chapter 3, Laws of 2013 ...

INITIATIVE 502 To the Legislature

Chapter 3, Laws of 2013 Regular Session

Marijuana EFFECTIVE DATE: December 6, 2012

Approved by the People of the State of Washington

in the General Election on November 6, 2012

ORIGINALLY FILED July 8, 2011

Secretary of State

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AN ACT Relating to marijuana; amending RCW 69.50.101, 69.50.401,

2 69.50.4013, 69.50.412, 69.50.4121, 69.50.500, 46.20.308, 46.61.502,

3 46.61.504, 46.61.50571, and 46.61.506; reenacting and amending RCW

4 69.50.505, 46.20.3101, and 46.61.503; adding a new section to chapter

5 46.04 RCW; adding new sections to chapter 69.50 RCW; creating new

6 sections; and prescribing penalties.

7 BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

8

PART I

9

INTENT

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NEW SECTION. Sec. 1. The people intend to stop treating adult

11 marijuana use as a crime and try a new approach that:

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(1) Allows law enforcement resources to be focused on violent and

13 property crimes;

14

(2) Generates new state and local tax revenue for education, health

15 care, research, and substance abuse prevention; and

16

(3) Takes marijuana out of the hands of illegal drug organizations

17 and brings it under a tightly regulated, state-licensed system similar

18 to that for controlling hard alcohol.

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This measure authorizes the state liquor control board to regulate

2 and tax marijuana for persons twenty-one years of age and older, and

3 add a new threshold for driving under the influence of marijuana.

4

PART II

5

DEFINITIONS

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Sec. 2. RCW 69.50.101 and 2010 c 177 s 1 are each amended to read

7 as follows:

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Unless the context clearly requires otherwise, definitions of terms

9 shall be as indicated where used in this chapter:

10

(a) "Administer" means to apply a controlled substance, whether by

11 injection, inhalation, ingestion, or any other means, directly to the

12 body of a patient or research subject by:

13

(1) a practitioner authorized to prescribe (or, by the

14 practitioner's authorized agent); or

15

(2) the patient or research subject at the direction and in the

16 presence of the practitioner.

17

(b) "Agent" means an authorized person who acts on behalf of or at

18 the direction of a manufacturer, distributor, or dispenser. It does

19 not include a common or contract carrier, public warehouseperson, or

20 employee of the carrier or warehouseperson.

21

(c) "Board" means the state board of pharmacy.

22

(d) "Controlled substance" means a drug, substance, or immediate

23 precursor included in Schedules I through V as set forth in federal or

24 state laws, or federal or board rules.

25

(e)(1) "Controlled substance analog" means a substance the chemical

26 structure of which is substantially similar to the chemical structure

27 of a controlled substance in Schedule I or II and:

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(i) that has a stimulant, depressant, or hallucinogenic effect on

29 the central nervous system substantially similar to the stimulant,

30 depressant, or hallucinogenic effect on the central nervous system of

31 a controlled substance included in Schedule I or II; or

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(ii) with respect to a particular individual, that the individual

33 represents or intends to have a stimulant, depressant, or

34 hallucinogenic effect on the central nervous system substantially

35 similar to the stimulant, depressant, or hallucinogenic effect on the

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1 central nervous system of a controlled substance included in Schedule

2 I or II.

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(2) The term does not include:

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(i) a controlled substance;

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(ii) a substance for which there is an approved new drug

6 application;

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(iii) a substance with respect to which an exemption is in effect

8 for investigational use by a particular person under Section 505 of the

9 federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent

10 conduct with respect to the substance is pursuant to the exemption; or

11

(iv) any substance to the extent not intended for human consumption

12 before an exemption takes effect with respect to the substance.

13

(f) "Deliver" or "delivery," means the actual or constructive

14 transfer from one person to another of a substance, whether or not

15 there is an agency relationship.

16

(g) "Department" means the department of health.

17

(h) "Dispense" means the interpretation of a prescription or order

18 for a controlled substance and, pursuant to that prescription or order,

19 the proper selection, measuring, compounding, labeling, or packaging

20 necessary to prepare that prescription or order for delivery.

21

(i) "Dispenser" means a practitioner who dispenses.

22

(j) "Distribute" means to deliver other than by administering or

23 dispensing a controlled substance.

24

(k) "Distributor" means a person who distributes.

25

(l) "Drug" means (1) a controlled substance recognized as a drug in

26 the official United States pharmacopoeia/national formulary or the

27 official homeopathic pharmacopoeia of the United States, or any

28 supplement to them; (2) controlled substances intended for use in the

29 diagnosis, cure, mitigation, treatment, or prevention of disease in

30 individuals or animals; (3) controlled substances (other than food)

31 intended to affect the structure or any function of the body of

32 individuals or animals; and (4) controlled substances intended for use

33 as a component of any article specified in (1), (2), or (3) of this

34 subsection. The term does not include devices or their components,

35 parts, or accessories.

36

(m) "Drug enforcement administration" means the drug enforcement

37 administration in the United States Department of Justice, or its

38 successor agency.

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(n) "Immediate precursor" means a substance:

2

(1) that the state board of pharmacy has found to be and by rule

3 designates as being the principal compound commonly used, or produced

4 primarily for use, in the manufacture of a controlled substance;

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(2) that is an immediate chemical intermediary used or likely to be

6 used in the manufacture of a controlled substance; and

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(3) the control of which is necessary to prevent, curtail, or limit

8 the manufacture of the controlled substance.

9

(o) "Isomer" means an optical isomer, but in RCW 69.50.101(((r)))

10 (x)(5), 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the term

11 includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and

12 69.50.210(c) the term includes any positional isomer; and in RCW

13 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any

14 positional or geometric isomer.

15

(p) "Lot" means a definite quantity of marijuana, useable

16 marijuana, or marijuana-infused product identified by a lot number,

17 every portion or package of which is uniform within recognized

18 tolerances for the factors that appear in the labeling.

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(q) "Lot number" shall identify the licensee by business or trade

20 name and Washington state unified business identifier number, and the

21 date of harvest or processing for each lot of marijuana, useable

22 marijuana, or marijuana-infused product.

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(r) "Manufacture" means the production, preparation, propagation,

24 compounding, conversion, or processing of a controlled substance,

25 either directly or indirectly or by extraction from substances of

26 natural origin, or independently by means of chemical synthesis, or by

27 a combination of extraction and chemical synthesis, and includes any

28 packaging or repackaging of the substance or labeling or relabeling of

29 its container. The term does not include the preparation, compounding,

30 packaging, repackaging, labeling, or relabeling of a controlled

31 substance:

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(1) by a practitioner as an incident to the practitioner's

33 administering or dispensing of a controlled substance in the course of

34 the practitioner's professional practice; or

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(2) by a practitioner, or by the practitioner's authorized agent

36 under the practitioner's supervision, for the purpose of, or as an

37 incident to, research, teaching, or chemical analysis and not for sale.

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