Unless the context clearly
requires otherwise, definitions of terms shall be as indicated
where used in this chapter:
(a) "Administer" means to apply a controlled substance,
whether by injection, inhalation, ingestion, or any other means,
directly to the body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the
practitioner's authorized agent); or
(2) the patient or research subject at the direction and in
the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of
or at the direction of a manufacturer, distributor, or dispenser.
It does not include a common or contract carrier, public
warehouseperson, or employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or
immediate precursor included in Schedules I through V as set
forth in federal or state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance the
chemical structure of which is substantially similar to the
chemical structure of a controlled substance in Schedule I or II
and:
(i) that has a stimulant, depressant, or hallucinogenic
effect on the central nervous system substantially similar to the
stimulant, depressant, or hallucinogenic effect on the central
nervous system of a controlled substance included in Schedule I
or II; or
(ii) with respect to a particular individual, that the
individual represents or intends to have a stimulant, depressant,
or hallucinogenic effect on the central nervous system
substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a
controlled substance included in Schedule I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug
application;
(iii) a substance with respect to which an exemption is in
effect for investigational use by a particular person under
Section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C.
Sec. 355, to the extent conduct with respect to the substance is
pursuant to the exemption; or
(iv) any substance to the extent not intended for human
consumption before an exemption takes effect with respect to the
substance.
(f) "Deliver" or "delivery," means the actual or
constructive transfer from one person to another of a substance,
whether or not there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription or
order for a controlled substance and, pursuant to that
prescription or order, the proper selection, measuring,
compounding, labeling, or packaging necessary to prepare that
prescription or order for delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by
administering or dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized as a
drug in the official United States pharmacopoeia/national
formulary or the official homeopathic pharmacopoeia of the United
States, or any supplement to them; (2) controlled substances
intended for use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in individuals or animals; (3)
controlled substances (other than food) intended to affect the
structure or any function of the body of individuals or animals;
and (4) controlled substances intended for use as a component of
any article specified in (1), (2), or (3) of this subsection.
The term does not include devices or their components, parts, or
accessories.
(m) "Drug enforcement administration" means the drug
enforcement administration in the United States Department of
Justice, or its successor agency.
(n) "Immediate precursor" means a substance:
(1) that the state board of pharmacy has found to be and by
rule designates as being the principal compound commonly used, or
produced primarily for use, in the manufacture of a controlled
substance;
(2) that is an immediate chemical intermediary used or
likely to be used in the manufacture of a controlled substance;
and
(3) the control of which is necessary to prevent, curtail,
or limit the manufacture of the controlled substance.
(o) "Isomer" means an optical isomer, but in RCW 69.50.101(r)(5), 69.50.204(a) (12) and (34), and 69.50.206(a)(4),
the term includes any geometrical isomer; in RCW 69.50.204(a) (8)
and (42), and 69.50.210(c) the term includes any positional
isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and69.50.208
(a) the term includes any positional or geometric
isomer.
(p) "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
controlled substance, either directly or indirectly or by
extraction from substances of natural origin, or independently by
means of chemical synthesis, or by a combination of extraction
and chemical synthesis, and includes any packaging or repackaging
of the substance or labeling or relabeling of its container. The
term does not include the preparation, compounding, packaging,
repackaging, labeling, or relabeling of a controlled substance:
(1) by a practitioner as an incident to the practitioner's
administering or dispensing of a controlled substance in the
course of the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized
agent under the practitioner's supervision, for the purpose of,
or as an incident to, research, teaching, or chemical analysis
and not for sale.
(q) "Marijuana" or "marihuana" means all parts of the plant
Cannabis, whether growing or not; the seeds thereof; the resin
extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds or resin. The term does not include the mature
stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil,
or cake, or the sterilized seed of the plant which is incapable
of germination.
(r) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) Opium, opium derivative, and any derivative of opium or
opium derivative, including their salts, isomers, and salts of
isomers, whenever the existence of the salts, isomers, and salts
of isomers is possible within the specific chemical designation.
The term does not include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate,
including their isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, whenever the existence of the
isomers, esters, ethers, and salts is possible within the
specific chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives or ecgonine
or their salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of
isomer thereof.
(8) Any compound, mixture, or preparation containing any
quantity of any substance referred to in subparagraphs (1)
through (7).
(s) "Opiate" means any substance having an addiction-forming
or addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. The term includes opium,
substances derived from opium (opium derivatives), and synthetic
opiates. The term does not include, unless specifically
designated as controlled under RCW 69.50.201, the dextrorotatory
isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). The term includes the racemic and
levorotatory forms of dextromethorphan.
(t) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(u) "Person" means individual, corporation, business trust,
estate, trust, partnership, association, joint venture,
government, governmental subdivision or agency, or any other
legal or commercial entity.
(v) "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
(w) "Practitioner" means:
(1) A physician under chapter 18.71 RCW, a physician
assistant under chapter 18.71A RCW, an osteopathic physician and
surgeon under chapter 18.57 RCW, an optometrist licensed under
chapter 18.53 RCW who is certified by the optometry board under
RCW 18.53.010 subject to any limitations in RCW 18.53.010, a
dentist under chapter 18.32 RCW, a podiatric physician and
surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse, advanced registered nurse
practitioner, or licensed practical nurse under chapter 18.79 RCW, a pharmacist under chapter 18.64 RCW or a scientific
investigator under this chapter, licensed, registered or
otherwise permitted insofar as is consistent with those licensing
laws to distribute, dispense, conduct research with respect to or
administer a controlled substance in the course of their
professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed,
registered, or otherwise permitted to distribute, dispense,
conduct research with respect to or to administer a controlled
substance in the course of professional practice or research in
this state.
(3) A physician licensed to practice medicine and surgery, a
physician licensed to practice osteopathic medicine and surgery,
a dentist licensed to practice dentistry, a podiatric physician
and surgeon licensed to practice podiatric medicine and surgery,
or a veterinarian licensed to practice veterinary medicine in any
state of the United States.
(x) "Prescription" means an order for controlled substances
issued by a practitioner duly authorized by law or rule in the
state of Washington to prescribe controlled substances within the
scope of his or her professional practice for a legitimate
medical purpose.
(y) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(z) "Secretary" means the secretary of health or the
secretary's designee.
(aa) "State," unless the context otherwise requires, means a
state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or a territory or insular possession
subject to the jurisdiction of the United States.
(bb) "Ultimate user" means an individual who lawfully
possesses a controlled substance for the individual's own use or
for the use of a member of the individual's household or for
administering to an animal owned by the individual or by a member
of the individual's household.
(cc) "Electronic communication of prescription information"
means the communication of prescription information by computer,
or the transmission of an exact visual image of a prescription by
facsimile, or other electronic means for original prescription
information or prescription refill information for a Schedule
III-V controlled substance between an authorized practitioner and
a pharmacy or the transfer of prescription information for a
controlled substance from one pharmacy to another pharmacy.
[2003 c 142 § 4; 1998 c 222 § 3; 1996 c 178 § 18; 1994 sp.s. c 9 § 739; 1993 c 187 § 1. Prior: 1990 c 248 § 1; 1990 c 219 § 3; 1990 c 196 § 8; 1989 1st ex.s. c 9 § 429; 1987 c 144 § 2; 1986 c 124 § 1; 1984 c 153 § 18; 1980 c 71 § 2; 1973 2nd ex.s. c 38 § 1; 1971 ex.s. c 308 § 69.50.101.]
NOTES:
Severability -- 2003 c 142: See note following RCW 18.53.010.
Effective date -- 1996 c 178: See note following RCW 18.35.110.
Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Finding -- 1990 c 219: See note following RCW 69.41.030.
Effective date -- Severability -- 1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Severability -- 1973 2nd ex.s. c 38: "If any of the provisions of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the amendatory act, or the application of the provision to other persons or circumstances, or the act prior to its amendment is not affected." [1973 2nd ex.s. c 38 § 3.]