Concerning psilocybin.

Reproduced from the official legislative record. Confirm the current text and status at the official source.

AN ACT Relating to psilocybin; amending RCW 69.50.101 and1 69.50.101; adding a new chapter to Title 43 RCW; providing effective2 dates; and providing an expiration date.3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4 NEW SECTION. Sec. 1. The legislature recognizes the need for5 clinical treatment for serious and otherwise treatment-resistant6 conditions. The legislature recognizes that scientific evidence has7 found that psilocybin can provide medically significant relief for8 diagnosed conditions. The legislature recognizes the importance of9 clear training standards, oversight mechanisms, and protections for10 clinicians and patients. The legislature therefore resolves to create11 the Washington medical use of psilocybin program under the12 supervision of the department of health to provide safe access to13 needed medical treatment services.14 NEW SECTION. Sec. 2. This act may be known and cited as the15 Washington medical psilocybin act.16 NEW SECTION.

Sec. 3. The definitions in this section apply17 throughout this chapter unless the context clearly requires18 otherwise.19 S-3555.1 SENATE BILL 5921 State of Washington 69th Legislature 2026 Regular Session By Senator Salomon Prefiled 12/19/25. p. 1 SB 5921 (1) "Clinician" means a health care professional who is1 authorized under state law to prescribe legend drugs or controlled2 substances within the professional's scope of practice, and is3 approved by the department to participate in the medical use of4 psilocybin program under this chapter, including by providing5 inpatient or outpatient medical services to qualified patients.6 (2) "Department" means the department of health.7 (3) "Inpatient medical services" means services provided to a8 patient in an approved setting before, during, and after the9 ingestion of psilocybin and includes a preparation session, an10 administration session, and an integration session.11 (4) "Outpatient medical services" means a treatment,12 authorization, and monitoring model in which a clinician authorizes a13 qualified patient to self-administer a microdose of psilocybin14 outside of an inpatient setting, in accordance with department rules15 governing dosage, follow-up, and safety.16 (5) "Producer" means a person licensed by the department under17 this chapter to grow, harvest, process, and manufacture psilocybin18 products from psilocybin-producing mushrooms and to package,19 repackage, label, or relabel those products for sale to clinicians20 approved under this chapter.21 (6) "Program" means the medical use of psilocybin program.22 (7) "Psilocybin" means the naturally occurring psychedelic23 compound 4-phosphoryloxy-N, N-dimethyltryptamine, also known as 4-PO-24 DMT, and its pharmacologically active metabolite psilocin, 4-hydroxy-25 N, N-dimethyltryptamine, found in certain mushrooms, but does not26 include synthetic or synthetic analogs of psilocybin.27 (8) "Qualified patient" means a human patient who is 18 years of28 age or older and whose clinician has determined, in the exercise of29 the clinician's professional judgment, that the patient is an30 appropriate candidate for medical psilocybin treatment under this31 chapter.32 (9) "Qualifying condition" is a diagnosis that is not enumerated33 in this chapter. The determination of appropriate qualifying34 conditions rests solely with the prescribing clinician, who assumes35 all associated professional liability, consistent with state law36 governing medical conduct, malpractice, and negligence.37 (10) "Secretary" means the secretary of health appointed under38 RCW 43.70.030.39 p. 2 SB 5921 NEW SECTION.

Sec. 4. (1) A producer, clinician, or qualified1 patient is not subject to arrest, prosecution, or penalty for2 participating in the program.3 (2) The following conduct is lawful and does not constitute4 grounds for detention, search, or arrest of a person or for a5 violation of probation or parole, and psilocybin that relates to the6 conduct is not contraband or subject to seizure or forfeiture:7 (a) A producer or clinician possessing or transporting not more8 than an adequate supply of psilocybin for medical purposes as defined9 by department rule; and10 (b) A clinician administering, or a qualified patient taking,11 psilocybin in an approved setting or as outpatient treatment under a12 prescription in accordance with this chapter or rules promulgated in13 accordance with this chapter.14 (3) A clinician is not subject to arrest or prosecution or denied15 any right or privilege for recommending the program or providing16 medical services authorized in this chapter.17 (4) A person is not subject to arrest or prosecution for a18 psilocybin-related offense for simply being in the presence of the19 medical use of psilocybin as allowed under the provisions of this20 chapter.21 (5) This chapter does not apply to federal food and drug22 administration-approved clinical trials.23 (6) Nothing in this chapter authorizes the use of psilocybin24 products for animals or for individuals under 18 years of age.25 NEW SECTION.

Sec. 5. Participation in the program by a26 producer, clinician, or qualified patient does not relieve the27 producer, clinician, or qualified patient from:28 (1) Criminal prosecution or civil penalties for activities not29 authorized in this chapter, including manufacture or delivery of30 psilocybin products outside of this chapter, which remain subject to31 chapter 69.50 RCW;32 (2) Liability for damages or criminal prosecution arising out of33 the operation of a motor vehicle if driving while under the influence34 of psilocybin;35 (3) Liability for medical malpractice or negligence arising from36 the administration, management, or prescription of psilocybin37 treatment. Participation in the program does not grant clinicians an38 exemption from any applicable medical liability or malpractice laws39 p. 3 SB 5921 and regulations, ensuring that the safety and well-being of patients1 remain paramount throughout the treatment process.2 NEW SECTION.

Sec. 6. This chapter may not be construed:3 (1) To preclude a local government from enacting an ordinance to4 decriminalize acts related to psychedelic substances, including5 psilocybin, or from deprioritizing the enforcement of criminal laws6 relating to psychedelic substances;7 (2) To limit or prohibit religious practices and rights relating8 to psychedelic substances under the federal religious freedom9 restoration act.10 NEW SECTION.

Sec. 7. (1) Psilocybin products authorized under11 this chapter may be dispensed or distributed only directly to a12 qualified patient by a clinician approved under this chapter. A13 third-party pharmacy, distributor, or other intermediary may not14 dispense or distribute psilocybin products under this chapter.15 (2) Distribution of psilocybin products must occur in accordance16 with protocols for storage, security, chain-of-custody, and17 recordkeeping adopted by the department by rule under this chapter,18 rather than by default controlled substance dispensing standards19 administered by the pharmacy quality assurance commission.20 (3) Clinicians and producers are prohibited from entering into21 arrangements that violate federal or state antikickback, fee-22 splitting, or physician self-referral laws, including but not limited23 to the federal Stark law and section 1128B of the social security24 act.25 (4) Any violation of subsection (3) of this section constitutes26 grounds for disciplinary action under applicable state professional27 licensing laws and may result in the suspension or revocation of28 permits issued under this chapter.29 (5) Clinicians must maintain records of psilocybin products30 dispensed or administered under this chapter. The records must31 include, at a minimum, all of the following:32 (a) A unique patient identifier derived from a Washington-issued33 identification card or other patient identifier specified by the34 department, together with the patient's name;35 (b) The dates the psilocybin was authorized, dispensed, or36 administered;37 (c) The formulation, dosage, and quantity distributed;38 p. 4 SB 5921 (d) The treatment setting and whether it was inpatient or1 outpatient;2 (e) Whether the authorization was a new authorization or a3 continuation of an existing course of treatment; and4 (f) The clinician's signature or electronic authentication.5 (6) Records may be maintained in paper or electronic form and6 need not be integrated into a clinician's primary electronic health7 record system. Records must be kept in compliance with state and8 federal privacy and security requirements and must be made available9 to the department upon request for inspection or audit.10 (7) Failure to maintain or provide required records constitutes11 noncompliance and is grounds for disciplinary action, including12 suspension or revocation of the clinician's program participation13 permit.14 (8) Clinicians must store psilocybin products in a locked15 cabinet, safe, or storage room in their office or facility with16 access limited to authorized staff, in a manner consistent with17 department rules for secure storage of medications.18 (9) Psilocybin products must be delivered directly from producers19 to clinicians approved under this chapter, with documentation of each20 shipment maintained by both the producer and the receiving clinician.21 (10) Psilocybin products must be handled as any other packaged22 drug, in accordance with department rules, without additional23 handling requirements unless specifically required by rule for safety24 or stability.25 (11)(a) A producer must hold and maintain any licenses required26 for food processing or food service under state law when psilocybin27 products are prepared in a facility that is subject to state food28 processing standards, including any required food processor license29 issued by the department of agriculture for the food preparation30 areas.31 (b) A producer must comply with all applicable state and federal32 laws and rules relating to controlled substances, food safety,33 occupational safety and health, and environmental health, as enforced34 by the department, the department of agriculture for food preparation35 standards, and local health jurisdictions.36 (c) A producer may contract with an in-state or out-of-state37 laboratory that is accredited to a standard recognized by the38 department by rule, such as accreditation under ISO/IEC 17025 or39 p. 5 SB 5921 chapter 70.42 RCW, for potency, contamination, and adulteration1 testing of psilocybin products.2 NEW SECTION.

Sec. 8. (1) The medical use of psilocybin program3 is created in the department. In developing the program, the4 department shall establish:5 (a) Necessary initial and ongoing training for producers and6 clinicians;7 (b) Treatment protocols, medical service standards, dosage8 standards, and approved settings for administration of psilocybin to9 patients;10 (c) Safety protocols for producing psilocybin from mushrooms,11 transporting, storing, and handling psilocybin, and treating12 patients;13 (d) Other best practices for producers and clinicians;14 (e) Requirements for data collection sufficient to monitor15 compliance, prevent diversion or fraud, and provide aggregate public16 health information, including clinician prescribing patterns, program17 utilization, and patient access metrics;18 (f) Requirements for data collection for producers to ensure the19 quality and safety of psilocybin and other formulation ingredients;20 and21 (g) Other requirements, restrictions, and limitations promulgated22 by the department to ensure an efficacious program.23 (2) The department shall monitor producers and clinicians to24 ensure compliance with this act and rules promulgated in accordance25 with this chapter. As part of this authority, the department may, at26 any time, require and conduct an audit, inspection, or records review27 of any licensed producer or prescribing clinician participating in28 the program. Such audits may include verification of licensing,29 prescribing practices, production of records, storage and transport30 protocols, inventory controls, and any other requirements established31 by rule. Refusal or failure to comply with an audit request is32 grounds for disciplinary action, including suspension or revocation33 of program participation permits.34 NEW SECTION.

Sec. 9. (1) The department shall issue and35 regulate at least the following license types under the program:36 p. 6 SB 5921 (a) A producer license authorizing the licensed person to1 manufacture, process, and package psilocybin products for2 distribution to clinicians approved under this chapter; and3 (b) A clinician participation license authorizing an eligible4 clinician to dispense and administer psilocybin products to qualified5 patients under this chapter.6 (2) To qualify for a clinician participation license, an7 applicant must:8 (a) Hold an active, unrestricted professional license in good9 standing and current authority under state law to prescribe legend10 drugs or controlled substances within the professional's scope of11 practice;12 (b) Meet any minimum training and continuing education13 requirements established by the department by rule, which may include14 education specific to psilocybin, trauma-informed care, and15 management of adverse reactions; and16 (c) Submit to a fingerprint-based criminal history background17 check through the Washington state patrol and federal bureau of18 investigation, in the form and manner required by the department. The19 applicant is responsible for all costs associated with the background20 check.21 (3) The department shall establish application, initial license,22 and renewal fees for producer and clinician participation licenses in23 amounts sufficient to cover the costs of administering and enforcing24 this chapter, consistent with RCW 43.70.250 and 43.70.280.25 (4) The department may deny, suspend, or revoke a license issued26 under this chapter for failure to meet licensing requirements or for27 violation of this chapter or rules adopted under it, consistent with28 the secretary's authority under chapter 43.70 RCW and applicable29 professional licensing laws.30 NEW SECTION.

Sec. 10. (1) The department shall establish, by31 rule, product formulation and preparation standards for psilocybin32 products intended for medical use. The rules must be modeled on and33 consistent with established standards for prescription drug34 manufacturing, handling, and dispensing within the medical industry.35 The rules must include, but are not limited to, all of the following:36 (a) Product potency verification and dosing accuracy to ensure37 uniformity at the prescription level;38 p. 7 SB 5921 (b) Contamination and adulteration testing consistent with state1 and federal standards for pharmaceutical products;2 (c) Packaging and labeling requirements that mirror those3 applicable to prescription medications, including dosage4 instructions, warning statements, and tamper-evident features; and5 (d) Storage, security, and transportation protocols appropriate6 for controlled substances prescribed in a clinical context.7 (2) A producer may not engage in the manufacture, packaging, or8 sale of psilocybin products under this chapter unless the producer is9 in full compliance with regulatory requirements under the department10 and the Washington state department of agriculture. Noncompliance is11 grounds for suspension or revocation of permits issued under this12 chapter.13 NEW SECTION.

Sec. 11. (1)(a) The department shall promulgate14 rules for the collection of deidentified prescribing data from15 clinicians and program participation data from producers. The data16 must include, in aggregate form, all of the following:17 (i) The number of psilocybin authorizations issued;18 (ii) The number of patients treated;19 (iii) The treatment setting and whether it was inpatient or20 outpatient;21 (iv) The number of repeat authorizations or continuing courses of22 treatment; and23 (v) The number and types of participating clinicians per county.24 (b) The data may not include individual patient identifiers or25 subjective clinical outcomes.26 (2) The department shall establish and maintain a secure27 electronic registry for psilocybin treatments authorized under this28 chapter. Clinicians must, in the form and manner specified by the29 department, report for each qualified patient at least a patient30 identifier derived from a Washington-issued identification card or31 other identifier authorized by the department, the date of32 authorization, dosage, and other minimal information necessary to33 support clinical decision making and program oversight.34 (3) The registry must allow a clinician, before authorizing35 psilocybin for a patient, to determine whether the patient is36 currently receiving psilocybin treatments under this chapter.37 (4) The department may access individually identifiable data from38 the registry only for program monitoring, investigations, and39 p. 8 SB 5921 enforcement under this chapter or in coordination with applicable1 professional licensing authorities.2 (5) Information in the registry is confidential, is not subject3 to public disclosure under chapter 42.56 RCW, and may not be used for4 civil or criminal law enforcement purposes except as authorized by5 state or federal law or pursuant to court order.6 (6) The department shall publish an annual compliance and7 utilization report of the program without assessing or opining on8 medical efficacy.9

Sec. 12. RCW 69.50.101 and 2024 c 62 s 17 are each amended to10 read as follows:11 The definitions in this section apply throughout this chapter12 unless the context clearly requires otherwise.13 (1) "Administer" means to apply a controlled substance, whether14 by injection, inhalation, ingestion, or any other means, directly to15 the body of a patient or research subject by:16 (a) a practitioner authorized to prescribe (or, by the17 practitioner's authorized agent); or18 (b) the patient or research subject at the direction and in the19 presence of the practitioner.20 (2) "Agent" means an authorized person who acts on behalf of or21 at the direction of a manufacturer, distributor, or dispenser. It22 does not include a common or contract carrier, public23 warehouseperson, or employee of the carrier or warehouseperson.24 (3) "Board" means the Washington state liquor and cannabis board.25 (4) "Cannabis" means all parts of the plant Cannabis, whether26 growing or not, with a THC concentration greater than 0.3 percent on27 a dry weight basis during the growing cycle through harvest and28 usable cannabis. "Cannabis" does not include hemp or industrial hemp29 as defined in RCW 15.140.020, or seeds used for licensed hemp30 production under chapter 15.140 RCW.31 (5) "Cannabis concentrates" means products consisting wholly or32 in part of the resin extracted from any part of the plant Cannabis33 and having a THC concentration greater than ten percent.34 (6) "Cannabis processor" means a person licensed by the board to35 process cannabis into cannabis concentrates, useable cannabis, and36 cannabis-infused products, package and label cannabis concentrates,37 useable cannabis, and cannabis-infused products for sale in retail38 p. 9 SB 5921 outlets, and sell cannabis concentrates, useable cannabis, and1 cannabis-infused products at wholesale to cannabis retailers.2 (7) "Cannabis producer" means a person licensed by the board to3 produce and sell cannabis at wholesale to cannabis processors and4 other cannabis producers.5 (8)(a) "Cannabis products" means useable cannabis, cannabis6 concentrates, and cannabis-infused products as defined in this7 section, including any product intended to be consumed or absorbed8 inside the body by any means including inhalation, ingestion, or9 insertion, with any detectable amount of THC.10 (b) "Cannabis products" also means any product containing only11 THC content.12 (c) "Cannabis products" does not include cannabis health and13 beauty aids as defined in RCW 69.50.575 or products approved by the14 United States food and drug administration.15 (9) "Cannabis researcher" means a person licensed by the board to16 produce, process, and possess cannabis for the purposes of conducting17 research on cannabis and cannabis-derived drug products.18 (10) "Cannabis retailer" means a person licensed by the board to19 sell cannabis concentrates, useable cannabis, and cannabis-infused20 products in a retail outlet.21 (11) "Cannabis-infused products" means products that contain22 cannabis or cannabis extracts, are intended for human use, are23 derived from cannabis as defined in subsection (4) of this section,24 and have a THC concentration no greater than ten percent. The term25 "cannabis-infused products" does not include either useable cannabis26 or cannabis concentrates.27 (12) "CBD concentration" has the meaning provided in RCW28 69.51A.010.29 (13) "CBD product" means any product containing or consisting of30 cannabidiol.31 (14) "Commission" means the pharmacy quality assurance32 commission.33 (15) "Controlled substance" means a drug, substance, or immediate34 precursor included in Schedules I through V as set forth in federal35 or state laws, or federal or commission rules, but does not include36 ((hemp)):37 (a) Hemp or industrial hemp as defined in RCW 15.140.020; or38 (b) Psilocybin as defined in section 2 of this act if used for39 medical purposes in accordance with this act.40 p. 10 SB 5921 (16)(a) "Controlled substance analog" means a substance the1 chemical structure of which is substantially similar to the chemical2 structure of a controlled substance in Schedule I or II and:3 (i) that has a stimulant, depressant, or hallucinogenic effect on4 the central nervous system substantially similar to the stimulant,5 depressant, or hallucinogenic effect on the central nervous system of6 a controlled substance included in Schedule I or II; or7 (ii) with respect to a particular individual, that the individual8 represents or intends to have a stimulant, depressant, or9 hallucinogenic effect on the central nervous system substantially10 similar to the stimulant, depressant, or hallucinogenic effect on the11 central nervous system of a controlled substance included in Schedule12 I or II.13 (b) The term does not include:14 (i) a controlled substance;15 (ii) a substance for which there is an approved new drug16 application;17 (iii) a substance with respect to which an exemption is in effect18 for investigational use by a particular person under Section 505 of19 the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or20 chapter 69.77 RCW to the extent conduct with respect to the substance21 is pursuant to the exemption; or22 (iv) any substance to the extent not intended for human23 consumption before an exemption takes effect with respect to the24 substance.25 (17) "Deliver" or "delivery" means the actual or constructive26 transfer from one person to another of a substance, whether or not27 there is an agency relationship.28 (18) "Department" means the department of health.29 (19) "Designated provider" has the meaning provided in RCW30 69.51A.010.31 (20) "Dispense" means the interpretation of a prescription or32 order for a controlled substance and, pursuant to that prescription33 or order, the proper selection, measuring, compounding, labeling, or34 packaging necessary to prepare that prescription or order for35 delivery.36 (21) "Dispenser" means a practitioner who dispenses.37 (22) "Distribute" means to deliver other than by administering or38 dispensing a controlled substance.39 (23) "Distributor" means a person who distributes.40 p. 11 SB 5921 (24) "Drug" means (a) a controlled substance recognized as a drug1 in the official United States pharmacopoeia/national formulary or the2 official homeopathic pharmacopoeia of the United States, or any3 supplement to them; (b) controlled substances intended for use in the4 diagnosis, cure, mitigation, treatment, or prevention of disease in5 individuals or animals; (c) controlled substances (other than food)6 intended to affect the structure or any function of the body of7 individuals or animals; and (d) controlled substances intended for8 use as a component of any article specified in (a), (b), or (c) of9 this subsection. The term does not include devices or their10 components, parts, or accessories.11 (25) "Drug enforcement administration" means the drug enforcement12 administration in the United States Department of Justice, or its13 successor agency.14 (26) "Electronic communication of prescription information" means15 the transmission of a prescription or refill authorization for a drug16 of a practitioner using computer systems. The term does not include a17 prescription or refill authorization verbally transmitted by18 telephone nor a facsimile manually signed by the practitioner.19 (27) "Immature plant or clone" means a plant or clone that has no20 flowers, is less than twelve inches in height, and is less than21 twelve inches in diameter.22 (28) "Immediate precursor" means a substance:23 (a) that the commission has found to be and by rule designates as24 being the principal compound commonly used, or produced primarily for25 use, in the manufacture of a controlled substance;26 (b) that is an immediate chemical intermediary used or likely to27 be used in the manufacture of a controlled substance; and28 (c) the control of which is necessary to prevent, curtail, or29 limit the manufacture of the controlled substance.30 (29) "Isomer" means an optical isomer, but in subsection (33)(e)31 of this section, RCW 69.50.204(1) (l) and (hh), and 69.50.206(2)(d),32 the term includes any geometrical isomer; in RCW 69.50.204(1) (h) and33 (pp)((,)) and 69.50.210(3)(([,])), the term includes any positional34 isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1)35 (([,])), the term includes any positional or geometric isomer.36 (30) "Lot" means a definite quantity of cannabis, cannabis37 concentrates, useable cannabis, or cannabis-infused product38 identified by a lot number, every portion or package of which is39 p. 12 SB 5921 uniform within recognized tolerances for the factors that appear in1 the labeling.2 (31) "Lot number" must identify the licensee by business or trade3 name and Washington state unified business identifier number, and the4 date of harvest or processing for each lot of cannabis, cannabis5 concentrates, useable cannabis, or cannabis-infused product.6 (32) "Manufacture" means the production, preparation,7 propagation, compounding, conversion, or processing of a controlled8 substance, either directly or indirectly or by extraction from9 substances of natural origin, or independently by means of chemical10 synthesis, or by a combination of extraction and chemical synthesis,11 and includes any packaging or repackaging of the substance or12 labeling or relabeling of its container. The term does not include13 the preparation, compounding, packaging, repackaging, labeling, or14 relabeling of a controlled substance:15 (a) by a practitioner as an incident to the practitioner's16 administering or dispensing of a controlled substance in the course17 of the practitioner's professional practice; or18 (b) by a practitioner, or by the practitioner's authorized agent19 under the practitioner's supervision, for the purpose of, or as an20 incident to, research, teaching, or chemical analysis and not for21 sale.22 (33) "Narcotic drug" means any of the following, whether produced23 directly or indirectly by extraction from substances of vegetable24 origin, or independently by means of chemical synthesis, or by a25 combination of extraction and chemical synthesis:26 (a) Opium, opium derivative, and any derivative of opium or opium27 derivative, including their salts, isomers, and salts of isomers,28 whenever the existence of the salts, isomers, and salts of isomers is29 possible within the specific chemical designation. The term does not30 include the isoquinoline alkaloids of opium.31 (b) Synthetic opiate and any derivative of synthetic opiate,32 including their isomers, esters, ethers, salts, and salts of isomers,33 esters, and ethers, whenever the existence of the isomers, esters,34 ethers, and salts is possible within the specific chemical35 designation.36 (c) Poppy straw and concentrate of poppy straw.37 (d) Coca leaves, except coca leaves and extracts of coca leaves38 from which cocaine, ecgonine, and derivatives or ecgonine or their39 salts have been removed.40 p. 13 SB 5921 (e) Cocaine, or any salt, isomer, or salt of isomer thereof.1 (f) Cocaine base.2 (g) Ecgonine, or any derivative, salt, isomer, or salt of isomer3 thereof.4 (h) Any compound, mixture, or preparation containing any quantity5 of any substance referred to in (a) through (g) of this subsection.6 (34) "Opiate" means any substance having an addiction-forming or7 addiction-sustaining liability similar to morphine or being capable8 of conversion into a drug having addiction-forming or addiction-9 sustaining liability. The term includes opium, substances derived10 from opium (opium derivatives), and synthetic opiates. The term does11 not include, unless specifically designated as controlled under RCW12 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan13 and its salts (dextromethorphan). The term includes the racemic and14 levorotatory forms of dextromethorphan.15 (35) "Opium poppy" means the plant of the species Papaver16 somniferum L., except its seeds.17 (36) "Package" means a container that has a single unit or group18 of units.19 (37) "Person" means individual, corporation, business trust,20 estate, trust, partnership, association, joint venture, government,21 governmental subdivision or agency, or any other legal or commercial22 entity.23 (38) "Plant" has the meaning provided in RCW 69.51A.010.24 (39) "Poppy straw" means all parts, except the seeds, of the25 opium poppy, after mowing.26 (40) "Practitioner" means:27 (a) A physician under chapter 18.71 RCW; a physician assistant28 under chapter 18.71A RCW; an osteopathic physician and surgeon under29 chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW30 who is certified by the optometry board under RCW 18.53.010 subject31 to any limitations in RCW 18.53.010; a dentist under chapter 18.3232 RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a33 veterinarian under chapter 18.92 RCW; a registered nurse, advanced34 registered nurse practitioner, or licensed practical nurse under35 chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW36 who is licensed under RCW 18.36A.030 subject to any limitations in37 RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific38 investigator under this chapter, licensed, registered or otherwise39 permitted insofar as is consistent with those licensing laws to40 p. 14 SB 5921 distribute, dispense, conduct research with respect to or administer1 a controlled substance in the course of their professional practice2 or research in this state.3 (b) A pharmacy, hospital or other institution licensed,4 registered, or otherwise permitted to distribute, dispense, conduct5 research with respect to or to administer a controlled substance in6 the course of professional practice or research in this state.7 (c) A physician licensed to practice medicine and surgery, a8 physician licensed to practice osteopathic medicine and surgery, a9 dentist licensed to practice dentistry, a podiatric physician and10 surgeon licensed to practice podiatric medicine and surgery, a11 licensed physician assistant or a licensed osteopathic physician12 assistant specifically approved to prescribe controlled substances by13 his or her state's medical commission or equivalent and his or her14 participating physician as defined in RCW 18.71A.010, an advanced15 registered nurse practitioner licensed to prescribe controlled16 substances, or a veterinarian licensed to practice veterinary17 medicine in any state of the United States.18 (41) "Prescription" means an order for controlled substances19 issued by a practitioner duly authorized by law or rule in the state20 of Washington to prescribe controlled substances within the scope of21 his or her professional practice for a legitimate medical purpose.22 (42) "Production" includes the manufacturing, planting,23 cultivating, growing, or harvesting of a controlled substance.24 (43) "Qualifying patient" has the meaning provided in RCW25 69.51A.010.26 (44) "Recognition card" has the meaning provided in RCW27 69.51A.010.28 (45) "Retail outlet" means a location licensed by the board for29 the retail sale of cannabis concentrates, useable cannabis, and30 cannabis-infused products.31 (46) "Secretary" means the secretary of health or the secretary's32 designee.33 (47) "Social equity plan" means a plan that addresses at least34 some of the elements outlined in this subsection (47), along with any35 additional plan components or requirements approved by the board36 following consultation with the task force created in RCW 69.50.336.37 The plan may include:38 (a) A statement that indicates how the cannabis licensee will39 work to promote social equity goals in their community;40 p. 15 SB 5921 (b) A description of how the cannabis licensee will meet social1 equity goals as defined in RCW 69.50.335;2 (c) The composition of the workforce the licensee has employed or3 intends to hire; and4 (d) Business plans involving partnerships or assistance to5 organizations or residents with connections to populations with a6 history of high rates of enforcement of cannabis prohibition.7 (48) "State," unless the context otherwise requires, means a8 state of the United States, the District of Columbia, the9 Commonwealth of Puerto Rico, or a territory or insular possession10 subject to the jurisdiction of the United States.11 (49) "THC concentration" means percent of tetrahydrocannabinol12 content of any part of the plant Cannabis, or per volume or weight of13 cannabis product, or the combined percent of tetrahydrocannabinol and14 tetrahydrocannabinolic acid in any part of the plant Cannabis15 regardless of moisture content.16 (50) "Ultimate user" means an individual who lawfully possesses a17 controlled substance for the individual's own use or for the use of a18 member of the individual's household or for administering to an19 animal owned by the individual or by a member of the individual's20 household.21 (51) "Unit" means an individual consumable item within a package22 of one or more consumable items in solid, liquid, gas, or any form23 intended for human consumption.24 (52) "Useable cannabis" means dried cannabis flowers. The term25 "useable cannabis" does not include either cannabis-infused products26 or cannabis concentrates.27 (53) "Youth access" means the level of interest persons under the28 age of twenty-one may have in a vapor product, as well as the degree29 to which the product is available or appealing to such persons, and30 the likelihood of initiation, use, or addiction by adolescents and31 young adults.32

Sec. 13. RCW 69.50.101 and 2025 c 58 s 5126 are each amended to33 read as follows:34 The definitions in this section apply throughout this chapter35 unless the context clearly requires otherwise.36 (1) "Administer" means to apply a controlled substance, whether37 by injection, inhalation, ingestion, or any other means, directly to38 the body of a patient or research subject by:39 p. 16 SB 5921 (a) a practitioner authorized to prescribe (or, by the1 practitioner's authorized agent); or2 (b) the patient or research subject at the direction and in the3 presence of the practitioner.4 (2) "Agent" means an authorized person who acts on behalf of or5 at the direction of a manufacturer, distributor, or dispenser. It6 does not include a common or contract carrier, public7 warehouseperson, or employee of the carrier or warehouseperson.8 (3) "Board" means the Washington state liquor and cannabis board.9 (4) "Cannabis" means all parts of the plant Cannabis, whether10 growing or not, with a THC concentration greater than 0.3 percent on11 a dry weight basis during the growing cycle through harvest and12 usable cannabis. "Cannabis" does not include hemp or industrial hemp13 as defined in RCW 15.140.020, or seeds used for licensed hemp14 production under chapter 15.140 RCW.15 (5) "Cannabis concentrates" means products consisting wholly or16 in part of the resin extracted from any part of the plant Cannabis17 and having a THC concentration greater than ten percent.18 (6) "Cannabis processor" means a person licensed by the board to19 process cannabis into cannabis concentrates, useable cannabis, and20 cannabis-infused products, package and label cannabis concentrates,21 useable cannabis, and cannabis-infused products for sale in retail22 outlets, and sell cannabis concentrates, useable cannabis, and23 cannabis-infused products at wholesale to cannabis retailers.24 (7) "Cannabis producer" means a person licensed by the board to25 produce and sell cannabis at wholesale to cannabis processors and26 other cannabis producers.27 (8)(a) "Cannabis products" means useable cannabis, cannabis28 concentrates, and cannabis-infused products as defined in this29 section, including any product intended to be consumed or absorbed30 inside the body by any means including inhalation, ingestion, or31 insertion, with any detectable amount of THC.32 (b) "Cannabis products" also means any product containing only33 THC content.34 (c) "Cannabis products" does not include cannabis health and35 beauty aids as defined in RCW 69.50.575 or products approved by the36 United States food and drug administration.37 (9) "Cannabis researcher" means a person licensed by the board to38 produce, process, and possess cannabis for the purposes of conducting39 research on cannabis and cannabis-derived drug products.40 p. 17 SB 5921 (10) "Cannabis retailer" means a person licensed by the board to1 sell cannabis concentrates, useable cannabis, and cannabis-infused2 products in a retail outlet.3 (11) "Cannabis-infused products" means products that contain4 cannabis or cannabis extracts, are intended for human use, are5 derived from cannabis as defined in subsection (4) of this section,6 and have a THC concentration no greater than ten percent. The term7 "cannabis-infused products" does not include either useable cannabis8 or cannabis concentrates.9 (12) "CBD concentration" has the meaning provided in RCW10 69.51A.010.11 (13) "CBD product" means any product containing or consisting of12 cannabidiol.13 (14) "Commission" means the pharmacy quality assurance14 commission.15 (15) "Controlled substance" means a drug, substance, or immediate16 precursor included in Schedules I through V as set forth in federal17 or state laws, or federal or commission rules, but does not include18 ((hemp)):19 (a) Hemp or industrial hemp as defined in RCW 15.140.020; or20 (b) Psilocybin as defined in section 2 of this act if used for21 medical purposes in accordance with this act.22 (16)(a) "Controlled substance analog" means a substance the23 chemical structure of which is substantially similar to the chemical24 structure of a controlled substance in Schedule I or II and:25 (i) that has a stimulant, depressant, or hallucinogenic effect on26 the central nervous system substantially similar to the stimulant,27 depressant, or hallucinogenic effect on the central nervous system of28 a controlled substance included in Schedule I or II; or29 (ii) with respect to a particular individual, that the individual30 represents or intends to have a stimulant, depressant, or31 hallucinogenic effect on the central nervous system substantially32 similar to the stimulant, depressant, or hallucinogenic effect on the33 central nervous system of a controlled substance included in Schedule34 I or II.35 (b) The term does not include:36 (i) a controlled substance;37 (ii) a substance for which there is an approved new drug38 application;39 p. 18 SB 5921 (iii) a substance with respect to which an exemption is in effect1 for investigational use by a particular person under Section 505 of2 the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or3 chapter 69.77 RCW to the extent conduct with respect to the substance4 is pursuant to the exemption; or5 (iv) any substance to the extent not intended for human6 consumption before an exemption takes effect with respect to the7 substance.8 (17) "Deliver" or "delivery" means the actual or constructive9 transfer from one person to another of a substance, whether or not10 there is an agency relationship.11 (18) "Department" means the department of health.12 (19) "Designated provider" has the meaning provided in RCW13 69.51A.010.14 (20) "Dispense" means the interpretation of a prescription or15 order for a controlled substance and, pursuant to that prescription16 or order, the proper selection, measuring, compounding, labeling, or17 packaging necessary to prepare that prescription or order for18 delivery.19 (21) "Dispenser" means a practitioner who dispenses.20 (22) "Distribute" means to deliver other than by administering or21 dispensing a controlled substance.22 (23) "Distributor" means a person who distributes.23 (24) "Drug" means (a) a controlled substance recognized as a drug24 in the official United States pharmacopoeia/national formulary or the25 official homeopathic pharmacopoeia of the United States, or any26 supplement to them; (b) controlled substances intended for use in the27 diagnosis, cure, mitigation, treatment, or prevention of disease in28 individuals or animals; (c) controlled substances (other than food)29 intended to affect the structure or any function of the body of30 individuals or animals; and (d) controlled substances intended for31 use as a component of any article specified in (a), (b), or (c) of32 this subsection. The term does not include devices or their33 components, parts, or accessories.34 (25) "Drug enforcement administration" means the drug enforcement35 administration in the United States Department of Justice, or its36 successor agency.37 (26) "Electronic communication of prescription information" means38 the transmission of a prescription or refill authorization for a drug39 of a practitioner using computer systems. The term does not include a40 p. 19 SB 5921 prescription or refill authorization verbally transmitted by1 telephone nor a facsimile manually signed by the practitioner.2 (27) "Immature plant or clone" means a plant or clone that has no3 flowers, is less than twelve inches in height, and is less than4 twelve inches in diameter.5 (28) "Immediate precursor" means a substance:6 (a) that the commission has found to be and by rule designates as7 being the principal compound commonly used, or produced primarily for8 use, in the manufacture of a controlled substance;9 (b) that is an immediate chemical intermediary used or likely to10 be used in the manufacture of a controlled substance; and11 (c) the control of which is necessary to prevent, curtail, or12 limit the manufacture of the controlled substance.13 (29) "Isomer" means an optical isomer, but in subsection (33)(e)14 of this section, RCW 69.50.204(1) (l) and (hh), and 69.50.206(2)(d),15 the term includes any geometrical isomer; in RCW 69.50.204(1) (h) and16 (pp) and 69.50.210(3), the term includes any positional isomer; and17 in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1), the term18 includes any positional or geometric isomer.19 (30) "Lot" means a definite quantity of cannabis, cannabis20 concentrates, useable cannabis, or cannabis-infused product21 identified by a lot number, every portion or package of which is22 uniform within recognized tolerances for the factors that appear in23 the labeling.24 (31) "Lot number" must identify the licensee by business or trade25 name and Washington state unified business identifier number, and the26 date of harvest or processing for each lot of cannabis, cannabis27 concentrates, useable cannabis, or cannabis-infused product.28 (32) "Manufacture" means the production, preparation,29 propagation, compounding, conversion, or processing of a controlled30 substance, either directly or indirectly or by extraction from31 substances of natural origin, or independently by means of chemical32 synthesis, or by a combination of extraction and chemical synthesis,33 and includes any packaging or repackaging of the substance or34 labeling or relabeling of its container. The term does not include35 the preparation, compounding, packaging, repackaging, labeling, or36 relabeling of a controlled substance:37 (a) by a practitioner as an incident to the practitioner's38 administering or dispensing of a controlled substance in the course39 of the practitioner's professional practice; or40 p. 20 SB 5921 (b) by a practitioner, or by the practitioner's authorized agent1 under the practitioner's supervision, for the purpose of, or as an2 incident to, research, teaching, or chemical analysis and not for3 sale.4 (33) "Narcotic drug" means any of the following, whether produced5 directly or indirectly by extraction from substances of vegetable6 origin, or independently by means of chemical synthesis, or by a7 combination of extraction and chemical synthesis:8 (a) Opium, opium derivative, and any derivative of opium or opium9 derivative, including their salts, isomers, and salts of isomers,10 whenever the existence of the salts, isomers, and salts of isomers is11 possible within the specific chemical designation. The term does not12 include the isoquinoline alkaloids of opium.13 (b) Synthetic opiate and any derivative of synthetic opiate,14 including their isomers, esters, ethers, salts, and salts of isomers,15 esters, and ethers, whenever the existence of the isomers, esters,16 ethers, and salts is possible within the specific chemical17 designation.18 (c) Poppy straw and concentrate of poppy straw.19 (d) Coca leaves, except coca leaves and extracts of coca leaves20 from which cocaine, ecgonine, and derivatives or ecgonine or their21 salts have been removed.22 (e) Cocaine, or any salt, isomer, or salt of isomer thereof.23 (f) Cocaine base.24 (g) Ecgonine, or any derivative, salt, isomer, or salt of isomer25 thereof.26 (h) Any compound, mixture, or preparation containing any quantity27 of any substance referred to in (a) through (g) of this subsection.28 (34) "Opiate" means any substance having an addiction-forming or29 addiction-sustaining liability similar to morphine or being capable30 of conversion into a drug having addiction-forming or addiction-31 sustaining liability. The term includes opium, substances derived32 from opium (opium derivatives), and synthetic opiates. The term does33 not include, unless specifically designated as controlled under RCW34 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan35 and its salts (dextromethorphan). The term includes the racemic and36 levorotatory forms of dextromethorphan.37 (35) "Opium poppy" means the plant of the species Papaver38 somniferum L., except its seeds.39 p. 21 SB 5921 (36) "Package" means a container that has a single unit or group1 of units.2 (37) "Person" means individual, corporation, business trust,3 estate, trust, partnership, association, joint venture, government,4 governmental subdivision or agency, or any other legal or commercial5 entity.6 (38) "Plant" has the meaning provided in RCW 69.51A.010.7 (39) "Poppy straw" means all parts, except the seeds, of the8 opium poppy, after mowing.9 (40) "Practitioner" means:10 (a) A physician under chapter 18.71 RCW; a physician assistant11 under chapter 18.71A RCW; an osteopathic physician and surgeon under12 chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW13 who is certified by the optometry board under RCW 18.53.010 subject14 to any limitations in RCW 18.53.010; a dentist under chapter 18.3215 RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a16 veterinarian under chapter 18.92 RCW; a registered nurse, advanced17 practice registered nurse, or licensed practical nurse under chapter18 18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is19 licensed under RCW 18.36A.030 subject to any limitations in RCW20 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific21 investigator under this chapter, licensed, registered or otherwise22 permitted insofar as is consistent with those licensing laws to23 distribute, dispense, conduct research with respect to or administer24 a controlled substance in the course of their professional practice25 or research in this state.26 (b) A pharmacy, hospital or other institution licensed,27 registered, or otherwise permitted to distribute, dispense, conduct28 research with respect to or to administer a controlled substance in29 the course of professional practice or research in this state.30 (c) A physician licensed to practice medicine and surgery, a31 physician licensed to practice osteopathic medicine and surgery, a32 dentist licensed to practice dentistry, a podiatric physician and33 surgeon licensed to practice podiatric medicine and surgery, a34 licensed physician assistant or a licensed osteopathic physician35 assistant specifically approved to prescribe controlled substances by36 his or her state's medical commission or equivalent and his or her37 participating physician as defined in RCW 18.71A.010, an advanced38 practice registered nurse licensed to prescribe controlled39 p. 22 SB 5921 substances, or a veterinarian licensed to practice veterinary1 medicine in any state of the United States.2 (41) "Prescription" means an order for controlled substances3 issued by a practitioner duly authorized by law or rule in the state4 of Washington to prescribe controlled substances within the scope of5 his or her professional practice for a legitimate medical purpose.6 (42) "Production" includes the manufacturing, planting,7 cultivating, growing, or harvesting of a controlled substance.8 (43) "Qualifying patient" has the meaning provided in RCW9 69.51A.010.10 (44) "Recognition card" has the meaning provided in RCW11 69.51A.010.12 (45) "Retail outlet" means a location licensed by the board for13 the retail sale of cannabis concentrates, useable cannabis, and14 cannabis-infused products.15 (46) "Secretary" means the secretary of health or the secretary's16 designee.17 (47) "Social equity plan" means a plan that addresses at least18 some of the elements outlined in this subsection (47), along with any19 additional plan components or requirements approved by the board20 following consultation with the task force created in RCW 69.50.336.21 The plan may include:22 (a) A statement that indicates how the cannabis licensee will23 work to promote social equity goals in their community;24 (b) A description of how the cannabis licensee will meet social25 equity goals as defined in RCW 69.50.335;26 (c) The composition of the workforce the licensee has employed or27 intends to hire; and28 (d) Business plans involving partnerships or assistance to29 organizations or residents with connections to populations with a30 history of high rates of enforcement of cannabis prohibition.31 (48) "State," unless the context otherwise requires, means a32 state of the United States, the District of Columbia, the33 Commonwealth of Puerto Rico, or a territory or insular possession34 subject to the jurisdiction of the United States.35 (49) "THC concentration" means percent of tetrahydrocannabinol36 content of any part of the plant Cannabis, or per volume or weight of37 cannabis product, or the combined percent of tetrahydrocannabinol and38 tetrahydrocannabinolic acid in any part of the plant Cannabis39 regardless of moisture content.40 p. 23 SB 5921 (50) "Ultimate user" means an individual who lawfully possesses a1 controlled substance for the individual's own use or for the use of a2 member of the individual's household or for administering to an3 animal owned by the individual or by a member of the individual's4 household.5 (51) "Unit" means an individual consumable item within a package6 of one or more consumable items in solid, liquid, gas, or any form7 intended for human consumption.8 (52) "Useable cannabis" means dried cannabis flowers. The term9 "useable cannabis" does not include either cannabis-infused products10 or cannabis concentrates.11 (53) "Youth access" means the level of interest persons under the12 age of twenty-one may have in a vapor product, as well as the degree13 to which the product is available or appealing to such persons, and14 the likelihood of initiation, use, or addiction by adolescents and15 young adults.16 NEW SECTION.

Sec. 14. Sections 1 through 11 of this act17 constitute a new chapter in Title 43 RCW.18 NEW SECTION. Sec. 15. This act takes effect July 1, 2028.19 NEW SECTION. Sec. 16. Section 12 of this act expires June 30,20 2027.21 NEW SECTION. Sec. 17. Section 13 of this act takes effect June22 30, 2027.23 NEW SECTION. Sec. 18. If any provision of this act or its24 application to any person or circumstance is held invalid, the25 remainder of the act or the application of the provision to other26 persons or circumstances is not affected.27 --- END --- p. 24 SB 5921

Legislative data provided by LegiScan, licensed under CC BY 4.0.