Psilocybin

AN ACT Relating to psilocybin; amending RCW 69.50.101 and 1
69.50.101; adding a new chapter to Title 43 RCW; providing effective 2
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 for 5
clinical treatment for serious and otherwise treatment-resistant 6
conditions. The legislature recognizes that scientific evidence has 7
found that psilocybin can provide medically significant relief for 8
diagnosed conditions. The legislature recognizes the importance of 9
clear training standards, oversight mechanisms, and protections for 10
clinicians and patients. The legislature therefore resolves to create 11
the Washington medical use of psilocybin program under the 12
supervision of the department of health to provide safe access to 13
needed medical treatment services.14
NEW SECTION. Sec. 2. This act may be known and cited as the 15
Washington medical psilocybin act.16
NEW SECTION. Sec. 3. The definitions in this section apply 17
throughout this chapter unless the context clearly requires 18
otherwise.19
S-3555.1
SENATE BILL 5921
State of Washington 69th Legislature 2026 Regular Session
By Senators Salomon, Lovelett, Nobles, Riccelli, Saldaña, Shewmake,
and Slatter
Prefiled 12/19/25. Read first time 01/12/26. Referred to Committee
on Health & Long-Term Care.
p. 1 SB 5921
(1) "Clinician" means a health care professional who is 1
authorized under state law to prescribe legend drugs or controlled 2
substances within the professional's scope of practice, and is 3
approved by the department to participate in the medical use of 4
psilocybin program under this chapter, including by providing 5
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 a 8
patient in an approved setting before, during, and after the 9
ingestion of psilocybin and includes a preparation session, an 10
administration session, and an integration session.11
(4) "Outpatient medical services" means a treatment, 12
authorization, and monitoring model in which a clinician authorizes a 13
qualified patient to self-administer a microdose of psilocybin 14
outside of an inpatient setting, in accordance with department rules 15
governing dosage, follow-up, and safety. 16
(5) "Producer" means a person licensed by the department under 17
this chapter to grow, harvest, process, and manufacture psilocybin 18
products from psilocybin-producing mushrooms and to package, 19
repackage, label, or relabel those products for sale to clinicians 20
approved under this chapter. 21
(6) "Program" means the medical use of psilocybin program.22
(7) "Psilocybin" means the naturally occurring psychedelic 23
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 not 26
include synthetic or synthetic analogs of psilocybin.27
(8) "Qualified patient" means a human patient who is 18 years of 28
age or older and whose clinician has determined, in the exercise of 29
the clinician's professional judgment, that the patient is an 30
appropriate candidate for medical psilocybin treatment under this 31
chapter. 32
(9) "Qualifying condition" is a diagnosis that is not enumerated 33
in this chapter. The determination of appropriate qualifying 34
conditions rests solely with the prescribing clinician, who assumes 35
all associated professional liability, consistent with state law 36
governing medical conduct, malpractice, and negligence.37
(10) "Secretary" means the secretary of health appointed under 38
RCW 43.70.030. 39
p. 2 SB 5921
NEW SECTION. Sec. 4. (1) A producer, clinician, or qualified 1
patient is not subject to arrest, prosecution, or penalty for 2
participating in the program.3
(2) The following conduct is lawful and does not constitute 4
grounds for detention, search, or arrest of a person or for a 5
violation of probation or parole, and psilocybin that relates to the 6
conduct is not contraband or subject to seizure or forfeiture:7
(a) A producer or clinician possessing or transporting not more 8
than an adequate supply of psilocybin for medical purposes as defined 9
by department rule; and 10
(b) A clinician administering, or a qualified patient taking, 11
psilocybin in an approved setting or as outpatient treatment under a 12
prescription in accordance with this chapter or rules promulgated in 13
accordance with this chapter. 14
(3) A clinician is not subject to arrest or prosecution or denied 15
any right or privilege for recommending the program or providing 16
medical services authorized in this chapter. 17
(4) A person is not subject to arrest or prosecution for a 18
psilocybin-related offense for simply being in the presence of the 19
medical use of psilocybin as allowed under the provisions of this 20
chapter. 21
(5) This chapter does not apply to federal food and drug 22
administration-approved clinical trials. 23
(6) Nothing in this chapter authorizes the use of psilocybin 24
products for animals or for individuals under 18 years of age.25
NEW SECTION. Sec. 5. Participation in the program by a 26
producer, clinician, or qualified patient does not relieve the 27
producer, clinician, or qualified patient from:28
(1) Criminal prosecution or civil penalties for activities not 29
authorized in this chapter, including manufacture or delivery of 30
psilocybin products outside of this chapter, which remain subject to 31
chapter 69.50 RCW; 32
(2) Liability for damages or criminal prosecution arising out of 33
the operation of a motor vehicle if driving while under the influence 34
of psilocybin; 35
(3) Liability for medical malpractice or negligence arising from 36
the administration, management, or prescription of psilocybin 37
treatment. Participation in the program does not grant clinicians an 38
exemption from any applicable medical liability or malpractice laws 39
p. 3 SB 5921
and regulations, ensuring that the safety and well-being of patients 1
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 to 4
decriminalize acts related to psychedelic substances, including 5
psilocybin, or from deprioritizing the enforcement of criminal laws 6
relating to psychedelic substances; 7
(2) To limit or prohibit religious practices and rights relating 8
to psychedelic substances under the federal religious freedom 9
restoration act. 10
NEW SECTION. Sec. 7. (1) Psilocybin products authorized under 11
this chapter may be dispensed or distributed only directly to a 12
qualified patient by a clinician approved under this chapter. A 13
third-party pharmacy, distributor, or other intermediary may not 14
dispense or distribute psilocybin products under this chapter.15
(2) Distribution of psilocybin products must occur in accordance 16
with protocols for storage, security, chain-of-custody, and 17
recordkeeping adopted by the department by rule under this chapter, 18
rather than by default controlled substance dispensing standards 19
administered by the pharmacy quality assurance commission.20
(3) Clinicians and producers are prohibited from entering into 21
arrangements that violate federal or state antikickback, fee-22
splitting, or physician self-referral laws, including but not limited 23
to the federal Stark law and section 1128B of the social security 24
act. 25
(4) Any violation of subsection (3) of this section constitutes 26
grounds for disciplinary action under applicable state professional 27
licensing laws and may result in the suspension or revocation of 28
permits issued under this chapter. 29
(5) Clinicians must maintain records of psilocybin products 30
dispensed or administered under this chapter. The records must 31
include, at a minimum, all of the following: 32
(a) A unique patient identifier derived from a Washington-issued 33
identification card or other patient identifier specified by the 34
department, together with the patient's name; 35
(b) The dates the psilocybin was authorized, dispensed, or 36
administered; 37
(c) The formulation, dosage, and quantity distributed;38
p. 4 SB 5921
(d) The treatment setting and whether it was inpatient or 1
outpatient; 2
(e) Whether the authorization was a new authorization or a 3
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 and 6
need not be integrated into a clinician's primary electronic health 7
record system. Records must be kept in compliance with state and 8
federal privacy and security requirements and must be made available 9
to the department upon request for inspection or audit.10
(7) Failure to maintain or provide required records constitutes 11
noncompliance and is grounds for disciplinary action, including 12
suspension or revocation of the clinician's program participation 13
permit. 14
(8) Clinicians must store psilocybin products in a locked 15
cabinet, safe, or storage room in their office or facility with 16
access limited to authorized staff, in a manner consistent with 17
department rules for secure storage of medications.18
(9) Psilocybin products must be delivered directly from producers 19
to clinicians approved under this chapter, with documentation of each 20
shipment maintained by both the producer and the receiving clinician.21
(10) Psilocybin products must be handled as any other packaged 22
drug, in accordance with department rules, without additional 23
handling requirements unless specifically required by rule for safety 24
or stability. 25
(11)(a) A producer must hold and maintain any licenses required 26
for food processing or food service under state law when psilocybin 27
products are prepared in a facility that is subject to state food 28
processing standards, including any required food processor license 29
issued by the department of agriculture for the food preparation 30
areas. 31
(b) A producer must comply with all applicable state and federal 32
laws and rules relating to controlled substances, food safety, 33
occupational safety and health, and environmental health, as enforced 34
by the department, the department of agriculture for food preparation 35
standards, and local health jurisdictions. 36
(c) A producer may contract with an in-state or out-of-state 37
laboratory that is accredited to a standard recognized by the 38
department by rule, such as accreditation under ISO/IEC 17025 or 39
p. 5 SB 5921
chapter 70.42 RCW, for potency, contamination, and adulteration 1
testing of psilocybin products. 2
NEW SECTION. Sec. 8. (1) The medical use of psilocybin program 3
is created in the department. In developing the program, the 4
department shall establish:5
(a) Necessary initial and ongoing training for producers and 6
clinicians; 7
(b) Treatment protocols, medical service standards, dosage 8
standards, and approved settings for administration of psilocybin to 9
patients; 10
(c) Safety protocols for producing psilocybin from mushrooms, 11
transporting, storing, and handling psilocybin, and treating 12
patients; 13
(d) Other best practices for producers and clinicians;14
(e) Requirements for data collection sufficient to monitor 15
compliance, prevent diversion or fraud, and provide aggregate public 16
health information, including clinician prescribing patterns, program 17
utilization, and patient access metrics; 18
(f) Requirements for data collection for producers to ensure the 19
quality and safety of psilocybin and other formulation ingredients; 20
and 21
(g) Other requirements, restrictions, and limitations promulgated 22
by the department to ensure an efficacious program.23
(2) The department shall monitor producers and clinicians to 24
ensure compliance with this act and rules promulgated in accordance 25
with this chapter. As part of this authority, the department may, at 26
any time, require and conduct an audit, inspection, or records review 27
of any licensed producer or prescribing clinician participating in 28
the program. Such audits may include verification of licensing, 29
prescribing practices, production of records, storage and transport 30
protocols, inventory controls, and any other requirements established 31
by rule. Refusal or failure to comply with an audit request is 32
grounds for disciplinary action, including suspension or revocation 33
of program participation permits. 34
NEW SECTION. Sec. 9. (1) The department shall issue and 35
regulate at least the following license types under the program:36
p. 6 SB 5921
(a) A producer license authorizing the licensed person to 1
manufacture, process, and package psilocybin products for 2
distribution to clinicians approved under this chapter; and3
(b) A clinician participation license authorizing an eligible 4
clinician to dispense and administer psilocybin products to qualified 5
patients under this chapter. 6
(2) To qualify for a clinician participation license, an 7
applicant must: 8
(a) Hold an active, unrestricted professional license in good 9
standing and current authority under state law to prescribe legend 10
drugs or controlled substances within the professional's scope of 11
practice; 12
(b) Meet any minimum training and continuing education 13
requirements established by the department by rule, which may include 14
education specific to psilocybin, trauma-informed care, and 15
management of adverse reactions; and 16
(c) Submit to a fingerprint-based criminal history background 17
check through the Washington state patrol and federal bureau of 18
investigation, in the form and manner required by the department. The 19
applicant is responsible for all costs associated with the background 20
check. 21
(3) The department shall establish application, initial license, 22
and renewal fees for producer and clinician participation licenses in 23
amounts sufficient to cover the costs of administering and enforcing 24
this chapter, consistent with RCW 43.70.250 and 43.70.280.25
(4) The department may deny, suspend, or revoke a license issued 26
under this chapter for failure to meet licensing requirements or for 27
violation of this chapter or rules adopted under it, consistent with 28
the secretary's authority under chapter 43.70 RCW and applicable 29
professional licensing laws. 30
NEW SECTION. Sec. 10. (1) The department shall establish, by 31
rule, product formulation and preparation standards for psilocybin 32
products intended for medical use. The rules must be modeled on and 33
consistent with established standards for prescription drug 34
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 ensure 37
uniformity at the prescription level; 38
p. 7 SB 5921
(b) Contamination and adulteration testing consistent with state 1
and federal standards for pharmaceutical products; 2
(c) Packaging and labeling requirements that mirror those 3
applicable to prescription medications, including dosage 4
instructions, warning statements, and tamper-evident features; and5
(d) Storage, security, and transportation protocols appropriate 6
for controlled substances prescribed in a clinical context.7
(2) A producer may not engage in the manufacture, packaging, or 8
sale of psilocybin products under this chapter unless the producer is 9
in full compliance with regulatory requirements under the department 10
and the Washington state department of agriculture. Noncompliance is 11
grounds for suspension or revocation of permits issued under this 12
chapter. 13
NEW SECTION. Sec. 11. (1)(a) The department shall promulgate 14
rules for the collection of deidentified prescribing data from 15
clinicians and program participation data from producers. The data 16
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 or 20
outpatient; 21
(iv) The number of repeat authorizations or continuing courses of 22
treatment; and 23
(v) The number and types of participating clinicians per county.24
(b) The data may not include individual patient identifiers or 25
subjective clinical outcomes. 26
(2) The department shall establish and maintain a secure 27
electronic registry for psilocybin treatments authorized under this 28
chapter. Clinicians must, in the form and manner specified by the 29
department, report for each qualified patient at least a patient 30
identifier derived from a Washington-issued identification card or 31
other identifier authorized by the department, the date of 32
authorization, dosage, and other minimal information necessary to 33
support clinical decision making and program oversight.34
(3) The registry must allow a clinician, before authorizing 35
psilocybin for a patient, to determine whether the patient is 36
currently receiving psilocybin treatments under this chapter.37
(4) The department may access individually identifiable data from 38
the registry only for program monitoring, investigations, and 39
p. 8 SB 5921
enforcement under this chapter or in coordination with applicable 1
professional licensing authorities. 2
(5) Information in the registry is confidential, is not subject 3
to public disclosure under chapter 42.56 RCW, and may not be used for 4
civil or criminal law enforcement purposes except as authorized by 5
state or federal law or pursuant to court order. 6
(6) The department shall publish an annual compliance and 7
utilization report of the program without assessing or opining on 8
medical efficacy. 9
Sec. 12. RCW 69.50.101 and 2024 c 62 s 17 are each amended to 10
read as follows: 11
The definitions in this section apply throughout this chapter 12
unless the context clearly requires otherwise. 13
(1) "Administer" means to apply a controlled substance, whether 14
by injection, inhalation, ingestion, or any other means, directly to 15
the body of a patient or research subject by: 16
(a) a practitioner authorized to prescribe (or, by the 17
practitioner's authorized agent); or 18
(b) the patient or research subject at the direction and in the 19
presence of the practitioner. 20
(2) "Agent" means an authorized person who acts on behalf of or 21
at the direction of a manufacturer, distributor, or dispenser. It 22
does not include a common or contract carrier, public 23
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, whether 26
growing or not, with a THC concentration greater than 0.3 percent on 27
a dry weight basis during the growing cycle through harvest and 28
usable cannabis. "Cannabis" does not include hemp or industrial hemp 29
as defined in RCW 15.140.020, or seeds used for licensed hemp 30
production under chapter 15.140 RCW. 31
(5) "Cannabis concentrates" means products consisting wholly or 32
in part of the resin extracted from any part of the plant Cannabis 33
and having a THC concentration greater than ten percent.34
(6) "Cannabis processor" means a person licensed by the board to 35
process cannabis into cannabis concentrates, useable cannabis, and 36
cannabis-infused products, package and label cannabis concentrates, 37
useable cannabis, and cannabis-infused products for sale in retail 38
p. 9 SB 5921
outlets, and sell cannabis concentrates, useable cannabis, and 1
cannabis-infused products at wholesale to cannabis retailers.2
(7) "Cannabis producer" means a person licensed by the board to 3
produce and sell cannabis at wholesale to cannabis processors and 4
other cannabis producers. 5
(8)(a) "Cannabis products" means useable cannabis, cannabis 6
concentrates, and cannabis-infused products as defined in this 7
section, including any product intended to be consumed or absorbed 8
inside the body by any means including inhalation, ingestion, or 9
insertion, with any detectable amount of THC. 10
(b) "Cannabis products" also means any product containing only 11
THC content. 12
(c) "Cannabis products" does not include cannabis health and 13
beauty aids as defined in RCW 69.50.575 or products approved by the 14
United States food and drug administration. 15
(9) "Cannabis researcher" means a person licensed by the board to 16
produce, process, and possess cannabis for the purposes of conducting 17
research on cannabis and cannabis-derived drug products.18
(10) "Cannabis retailer" means a person licensed by the board to 19
sell cannabis concentrates, useable cannabis, and cannabis-infused 20
products in a retail outlet. 21
(11) "Cannabis-infused products" means products that contain 22
cannabis or cannabis extracts, are intended for human use, are 23
derived from cannabis as defined in subsection (4) of this section, 24
and have a THC concentration no greater than ten percent. The term 25
"cannabis-infused products" does not include either useable cannabis 26
or cannabis concentrates. 27
(12) "CBD concentration" has the meaning provided in RCW 28
69.51A.010. 29
(13) "CBD product" means any product containing or consisting of 30
cannabidiol. 31
(14) "Commission" means the pharmacy quality assurance 32
commission. 33
(15) "Controlled substance" means a drug, substance, or immediate 34
precursor included in Schedules I through V as set forth in federal 35
or state laws, or federal or commission rules, but does not include 36
((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 for 39
medical purposes in accordance with this act. 40
p. 10 SB 5921
(16)(a) "Controlled substance analog" means a substance the 1
chemical structure of which is substantially similar to the chemical 2
structure of a controlled substance in Schedule I or II and:3
(i) that has a stimulant, depressant, or hallucinogenic effect on 4
the central nervous system substantially similar to the stimulant, 5
depressant, or hallucinogenic effect on the central nervous system of 6
a controlled substance included in Schedule I or II; or7
(ii) with respect to a particular individual, that the individual 8
represents or intends to have a stimulant, depressant, or 9
hallucinogenic effect on the central nervous system substantially 10
similar to the stimulant, depressant, or hallucinogenic effect on the 11
central nervous system of a controlled substance included in Schedule 12
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 drug 16
application; 17
(iii) a substance with respect to which an exemption is in effect 18
for investigational use by a particular person under Section 505 of 19
the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or 20
chapter 69.77 RCW to the extent conduct with respect to the substance 21
is pursuant to the exemption; or 22
(iv) any substance to the extent not intended for human 23
consumption before an exemption takes effect with respect to the 24
substance. 25
(17) "Deliver" or "delivery" means the actual or constructive 26
transfer from one person to another of a substance, whether or not 27
there is an agency relationship. 28
(18) "Department" means the department of health.29
(19) "Designated provider" has the meaning provided in RCW 30
69.51A.010. 31
(20) "Dispense" means the interpretation of a prescription or 32
order for a controlled substance and, pursuant to that prescription 33
or order, the proper selection, measuring, compounding, labeling, or 34
packaging necessary to prepare that prescription or order for 35
delivery. 36
(21) "Dispenser" means a practitioner who dispenses.37
(22) "Distribute" means to deliver other than by administering or 38
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 drug 1
in the official United States pharmacopoeia/national formulary or the 2
official homeopathic pharmacopoeia of the United States, or any 3
supplement to them; (b) controlled substances intended for use in the 4
diagnosis, cure, mitigation, treatment, or prevention of disease in 5
individuals or animals; (c) controlled substances (other than food) 6
intended to affect the structure or any function of the body of 7
individuals or animals; and (d) controlled substances intended for 8
use as a component of any article specified in (a), (b), or (c) of 9
this subsection. The term does not include devices or their 10
components, parts, or accessories. 11
(25) "Drug enforcement administration" means the drug enforcement 12
administration in the United States Department of Justice, or its 13
successor agency. 14
(26) "Electronic communication of prescription information" means 15
the transmission of a prescription or refill authorization for a drug 16
of a practitioner using computer systems. The term does not include a 17
prescription or refill authorization verbally transmitted by 18
telephone nor a facsimile manually signed by the practitioner.19
(27) "Immature plant or clone" means a plant or clone that has no 20
flowers, is less than twelve inches in height, and is less than 21
twelve inches in diameter. 22
(28) "Immediate precursor" means a substance: 23
(a) that the commission has found to be and by rule designates as 24
being the principal compound commonly used, or produced primarily for 25
use, in the manufacture of a controlled substance;26
(b) that is an immediate chemical intermediary used or likely to 27
be used in the manufacture of a controlled substance; and28
(c) the control of which is necessary to prevent, curtail, or 29
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) and 33
(pp)((,)) and 69.50.210(3)(([,])), the term includes any positional 34
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, cannabis 37
concentrates, useable cannabis, or cannabis-infused product 38
identified by a lot number, every portion or package of which is 39
p. 12 SB 5921
uniform within recognized tolerances for the factors that appear in 1
the labeling. 2
(31) "Lot number" must identify the licensee by business or trade 3
name and Washington state unified business identifier number, and the 4
date of harvest or processing for each lot of cannabis, cannabis 5
concentrates, useable cannabis, or cannabis-infused product.6
(32) "Manufacture" means the production, preparation, 7
propagation, compounding, conversion, or processing of a controlled 8
substance, either directly or indirectly or by extraction from 9
substances of natural origin, or independently by means of chemical 10
synthesis, or by a combination of extraction and chemical synthesis, 11
and includes any packaging or repackaging of the substance or 12
labeling or relabeling of its container. The term does not include 13
the preparation, compounding, packaging, repackaging, labeling, or 14
relabeling of a controlled substance: 15
(a) by a practitioner as an incident to the practitioner's 16
administering or dispensing of a controlled substance in the course 17
of the practitioner's professional practice; or 18
(b) by a practitioner, or by the practitioner's authorized agent 19
under the practitioner's supervision, for the purpose of, or as an 20
incident to, research, teaching, or chemical analysis and not for 21
sale. 22
(33) "Narcotic drug" means any of the following, whether produced 23
directly or indirectly by extraction from substances of vegetable 24
origin, or independently by means of chemical synthesis, or by a 25
combination of extraction and chemical synthesis: 26
(a) Opium, opium derivative, and any derivative of opium or opium 27
derivative, including their salts, isomers, and salts of isomers, 28
whenever the existence of the salts, isomers, and salts of isomers is 29
possible within the specific chemical designation. The term does not 30
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 chemical 35
designation. 36
(c) Poppy straw and concentrate of poppy straw.37
(d) Coca leaves, except coca leaves and extracts of coca leaves 38
from which cocaine, ecgonine, and derivatives or ecgonine or their 39
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 isomer 3
thereof. 4
(h) Any compound, mixture, or preparation containing any quantity 5
of any substance referred to in (a) through (g) of this subsection.6
(34) "Opiate" means any substance having an addiction-forming or 7
addiction-sustaining liability similar to morphine or being capable 8
of conversion into a drug having addiction-forming or addiction-9
sustaining liability. The term includes opium, substances derived 10
from opium (opium derivatives), and synthetic opiates. The term does 11
not include, unless specifically designated as controlled under RCW 12
69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan 13
and its salts (dextromethorphan). The term includes the racemic and 14
levorotatory forms of dextromethorphan. 15
(35) "Opium poppy" means the plant of the species Papaver 16
somniferum L., except its seeds. 17
(36) "Package" means a container that has a single unit or group 18
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 commercial 22
entity. 23
(38) "Plant" has the meaning provided in RCW 69.51A.010.24
(39) "Poppy straw" means all parts, except the seeds, of the 25
opium poppy, after mowing. 26
(40) "Practitioner" means: 27
(a) A physician under chapter 18.71 RCW; a physician assistant 28
under chapter 18.71A RCW; an osteopathic physician and surgeon under 29
chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW 30
who is certified by the optometry board under RCW 18.53.010 subject 31
to any limitations in RCW 18.53.010; a dentist under chapter 18.32 32
RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a 33
veterinarian under chapter 18.92 RCW; a registered nurse, advanced 34
registered nurse practitioner, or licensed practical nurse under 35
chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW 36
who is licensed under RCW 18.36A.030 subject to any limitations in 37
RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific 38
investigator under this chapter, licensed, registered or otherwise 39
permitted insofar as is consistent with those licensing laws to 40
p. 14 SB 5921
distribute, dispense, conduct research with respect to or administer 1
a controlled substance in the course of their professional practice 2
or research in this state. 3
(b) A pharmacy, hospital or other institution licensed, 4
registered, or otherwise permitted to distribute, dispense, conduct 5
research with respect to or to administer a controlled substance in 6
the course of professional practice or research in this state.7
(c) A physician licensed to practice medicine and surgery, a 8
physician licensed to practice osteopathic medicine and surgery, a 9
dentist licensed to practice dentistry, a podiatric physician and 10
surgeon licensed to practice podiatric medicine and surgery, a 11
licensed physician assistant or a licensed osteopathic physician 12
assistant specifically approved to prescribe controlled substances by 13
his or her state's medical commission or equivalent and his or her 14
participating physician as defined in RCW 18.71A.010, an advanced 15
registered nurse practitioner licensed to prescribe controlled 16
substances, or a veterinarian licensed to practice veterinary 17
medicine in any state of the United States. 18
(41) "Prescription" means an order for controlled substances 19
issued by a practitioner duly authorized by law or rule in the state 20
of Washington to prescribe controlled substances within the scope of 21
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 RCW 25
69.51A.010. 26
(44) "Recognition card" has the meaning provided in RCW 27
69.51A.010. 28
(45) "Retail outlet" means a location licensed by the board for 29
the retail sale of cannabis concentrates, useable cannabis, and 30
cannabis-infused products. 31
(46) "Secretary" means the secretary of health or the secretary's 32
designee. 33
(47) "Social equity plan" means a plan that addresses at least 34
some of the elements outlined in this subsection (47), along with any 35
additional plan components or requirements approved by the board 36
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 will 39
work to promote social equity goals in their community;40
p. 15 SB 5921
(b) A description of how the cannabis licensee will meet social 1
equity goals as defined in RCW 69.50.335; 2
(c) The composition of the workforce the licensee has employed or 3
intends to hire; and 4
(d) Business plans involving partnerships or assistance to 5
organizations or residents with connections to populations with a 6
history of high rates of enforcement of cannabis prohibition.7
(48) "State," unless the context otherwise requires, means a 8
state of the United States, the District of Columbia, the 9
Commonwealth of Puerto Rico, or a territory or insular possession 10
subject to the jurisdiction of the United States. 11
(49) "THC concentration" means percent of tetrahydrocannabinol 12
content of any part of the plant Cannabis, or per volume or weight of 13
cannabis product, or the combined percent of tetrahydrocannabinol and 14
tetrahydrocannabinolic acid in any part of the plant Cannabis 15
regardless of moisture content. 16
(50) "Ultimate user" means an individual who lawfully possesses a 17
controlled substance for the individual's own use or for the use of a 18
member of the individual's household or for administering to an 19
animal owned by the individual or by a member of the individual's 20
household. 21
(51) "Unit" means an individual consumable item within a package 22
of one or more consumable items in solid, liquid, gas, or any form 23
intended for human consumption. 24
(52) "Useable cannabis" means dried cannabis flowers. The term 25
"useable cannabis" does not include either cannabis-infused products 26
or cannabis concentrates. 27
(53) "Youth access" means the level of interest persons under the 28
age of twenty-one may have in a vapor product, as well as the degree 29
to which the product is available or appealing to such persons, and 30
the likelihood of initiation, use, or addiction by adolescents and 31
young adults. 32
Sec. 13. RCW 69.50.101 and 2025 c 58 s 5126 are each amended to 33
read as follows: 34
The definitions in this section apply throughout this chapter 35
unless the context clearly requires otherwise. 36
(1) "Administer" means to apply a controlled substance, whether 37
by injection, inhalation, ingestion, or any other means, directly to 38
the body of a patient or research subject by: 39
p. 16 SB 5921
(a) a practitioner authorized to prescribe (or, by the 1
practitioner's authorized agent); or 2
(b) the patient or research subject at the direction and in the 3
presence of the practitioner. 4
(2) "Agent" means an authorized person who acts on behalf of or 5
at the direction of a manufacturer, distributor, or dispenser. It 6
does not include a common or contract carrier, public 7
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, whether 10
growing or not, with a THC concentration greater than 0.3 percent on 11
a dry weight basis during the growing cycle through harvest and 12
usable cannabis. "Cannabis" does not include hemp or industrial hemp 13
as defined in RCW 15.140.020, or seeds used for licensed hemp 14
production under chapter 15.140 RCW. 15
(5) "Cannabis concentrates" means products consisting wholly or 16
in part of the resin extracted from any part of the plant Cannabis 17
and having a THC concentration greater than ten percent.18
(6) "Cannabis processor" means a person licensed by the board to 19
process cannabis into cannabis concentrates, useable cannabis, and 20
cannabis-infused products, package and label cannabis concentrates, 21
useable cannabis, and cannabis-infused products for sale in retail 22
outlets, and sell cannabis concentrates, useable cannabis, and 23
cannabis-infused products at wholesale to cannabis retailers.24
(7) "Cannabis producer" means a person licensed by the board to 25
produce and sell cannabis at wholesale to cannabis processors and 26
other cannabis producers. 27
(8)(a) "Cannabis products" means useable cannabis, cannabis 28
concentrates, and cannabis-infused products as defined in this 29
section, including any product intended to be consumed or absorbed 30
inside the body by any means including inhalation, ingestion, or 31
insertion, with any detectable amount of THC. 32
(b) "Cannabis products" also means any product containing only 33
THC content. 34
(c) "Cannabis products" does not include cannabis health and 35
beauty aids as defined in RCW 69.50.575 or products approved by the 36
United States food and drug administration. 37
(9) "Cannabis researcher" means a person licensed by the board to 38
produce, process, and possess cannabis for the purposes of conducting 39
research on cannabis and cannabis-derived drug products.40
p. 17 SB 5921
(10) "Cannabis retailer" means a person licensed by the board to 1
sell cannabis concentrates, useable cannabis, and cannabis-infused 2
products in a retail outlet. 3
(11) "Cannabis-infused products" means products that contain 4
cannabis or cannabis extracts, are intended for human use, are 5
derived from cannabis as defined in subsection (4) of this section, 6
and have a THC concentration no greater than ten percent. The term 7
"cannabis-infused products" does not include either useable cannabis 8
or cannabis concentrates. 9
(12) "CBD concentration" has the meaning provided in RCW 10
69.51A.010. 11
(13) "CBD product" means any product containing or consisting of 12
cannabidiol. 13
(14) "Commission" means the pharmacy quality assurance 14
commission. 15
(15) "Controlled substance" means a drug, substance, or immediate 16
precursor included in Schedules I through V as set forth in federal 17
or state laws, or federal or commission rules, but does not include 18
((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 for 21
medical purposes in accordance with this act. 22
(16)(a) "Controlled substance analog" means a substance the 23
chemical structure of which is substantially similar to the chemical 24
structure of a controlled substance in Schedule I or II and:25
(i) that has a stimulant, depressant, or hallucinogenic effect on 26
the central nervous system substantially similar to the stimulant, 27
depressant, or hallucinogenic effect on the central nervous system of 28
a controlled substance included in Schedule I or II; or29
(ii) with respect to a particular individual, that the individual 30
represents or intends to have a stimulant, depressant, or 31
hallucinogenic effect on the central nervous system substantially 32
similar to the stimulant, depressant, or hallucinogenic effect on the 33
central nervous system of a controlled substance included in Schedule 34
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 drug 38
application; 39
p. 18 SB 5921
(iii) a substance with respect to which an exemption is in effect 1
for investigational use by a particular person under Section 505 of 2
the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or 3
chapter 69.77 RCW to the extent conduct with respect to the substance 4
is pursuant to the exemption; or 5
(iv) any substance to the extent not intended for human 6
consumption before an exemption takes effect with respect to the 7
substance. 8
(17) "Deliver" or "delivery" means the actual or constructive 9
transfer from one person to another of a substance, whether or not 10
there is an agency relationship. 11
(18) "Department" means the department of health.12
(19) "Designated provider" has the meaning provided in RCW 13
69.51A.010. 14
(20) "Dispense" means the interpretation of a prescription or 15
order for a controlled substance and, pursuant to that prescription 16
or order, the proper selection, measuring, compounding, labeling, or 17
packaging necessary to prepare that prescription or order for 18
delivery. 19
(21) "Dispenser" means a practitioner who dispenses.20
(22) "Distribute" means to deliver other than by administering or 21
dispensing a controlled substance. 22
(23) "Distributor" means a person who distributes.23
(24) "Drug" means (a) a controlled substance recognized as a drug 24
in the official United States pharmacopoeia/national formulary or the 25
official homeopathic pharmacopoeia of the United States, or any 26
supplement to them; (b) controlled substances intended for use in the 27
diagnosis, cure, mitigation, treatment, or prevention of disease in 28
individuals or animals; (c) controlled substances (other than food) 29
intended to affect the structure or any function of the body of 30
individuals or animals; and (d) controlled substances intended for 31
use as a component of any article specified in (a), (b), or (c) of 32
this subsection. The term does not include devices or their 33
components, parts, or accessories. 34
(25) "Drug enforcement administration" means the drug enforcement 35
administration in the United States Department of Justice, or its 36
successor agency. 37
(26) "Electronic communication of prescription information" means 38
the transmission of a prescription or refill authorization for a drug 39
of a practitioner using computer systems. The term does not include a 40
p. 19 SB 5921
prescription or refill authorization verbally transmitted by 1
telephone nor a facsimile manually signed by the practitioner.2
(27) "Immature plant or clone" means a plant or clone that has no 3
flowers, is less than twelve inches in height, and is less than 4
twelve inches in diameter. 5
(28) "Immediate precursor" means a substance: 6
(a) that the commission has found to be and by rule designates as 7
being the principal compound commonly used, or produced primarily for 8
use, in the manufacture of a controlled substance; 9
(b) that is an immediate chemical intermediary used or likely to 10
be used in the manufacture of a controlled substance; and11
(c) the control of which is necessary to prevent, curtail, or 12
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) and 16
(pp) and 69.50.210(3), the term includes any positional isomer; and 17
in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1), the term 18
includes any positional or geometric isomer. 19
(30) "Lot" means a definite quantity of cannabis, cannabis 20
concentrates, useable cannabis, or cannabis-infused product 21
identified by a lot number, every portion or package of which is 22
uniform within recognized tolerances for the factors that appear in 23
the labeling. 24
(31) "Lot number" must identify the licensee by business or trade 25
name and Washington state unified business identifier number, and the 26
date of harvest or processing for each lot of cannabis, cannabis 27
concentrates, useable cannabis, or cannabis-infused product.28
(32) "Manufacture" means the production, preparation, 29
propagation, compounding, conversion, or processing of a controlled 30
substance, either directly or indirectly or by extraction from 31
substances of natural origin, or independently by means of chemical 32
synthesis, or by a combination of extraction and chemical synthesis, 33
and includes any packaging or repackaging of the substance or 34
labeling or relabeling of its container. The term does not include 35
the preparation, compounding, packaging, repackaging, labeling, or 36
relabeling of a controlled substance: 37
(a) by a practitioner as an incident to the practitioner's 38
administering or dispensing of a controlled substance in the course 39
of the practitioner's professional practice; or 40
p. 20 SB 5921
(b) by a practitioner, or by the practitioner's authorized agent 1
under the practitioner's supervision, for the purpose of, or as an 2
incident to, research, teaching, or chemical analysis and not for 3
sale. 4
(33) "Narcotic drug" means any of the following, whether produced 5
directly or indirectly by extraction from substances of vegetable 6
origin, or independently by means of chemical synthesis, or by a 7
combination of extraction and chemical synthesis: 8
(a) Opium, opium derivative, and any derivative of opium or opium 9
derivative, including their salts, isomers, and salts of isomers, 10
whenever the existence of the salts, isomers, and salts of isomers is 11
possible within the specific chemical designation. The term does not 12
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 chemical 17
designation. 18
(c) Poppy straw and concentrate of poppy straw.19
(d) Coca leaves, except coca leaves and extracts of coca leaves 20
from which cocaine, ecgonine, and derivatives or ecgonine or their 21
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 isomer 25
thereof. 26
(h) Any compound, mixture, or preparation containing any quantity 27
of any substance referred to in (a) through (g) of this subsection.28
(34) "Opiate" means any substance having an addiction-forming or 29
addiction-sustaining liability similar to morphine or being capable 30
of conversion into a drug having addiction-forming or addiction-31
sustaining liability. The term includes opium, substances derived 32
from opium (opium derivatives), and synthetic opiates. The term does 33
not include, unless specifically designated as controlled under RCW 34
69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan 35
and its salts (dextromethorphan). The term includes the racemic and 36
levorotatory forms of dextromethorphan. 37
(35) "Opium poppy" means the plant of the species Papaver 38
somniferum L., except its seeds. 39
p. 21 SB 5921
(36) "Package" means a container that has a single unit or group 1
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 commercial 5
entity. 6
(38) "Plant" has the meaning provided in RCW 69.51A.010.7
(39) "Poppy straw" means all parts, except the seeds, of the 8
opium poppy, after mowing. 9
(40) "Practitioner" means: 10
(a) A physician under chapter 18.71 RCW; a physician assistant 11
under chapter 18.71A RCW; an osteopathic physician and surgeon under 12
chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW 13
who is certified by the optometry board under RCW 18.53.010 subject 14
to any limitations in RCW 18.53.010; a dentist under chapter 18.32 15
RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a 16
veterinarian under chapter 18.92 RCW; a registered nurse, advanced 17
practice registered nurse, or licensed practical nurse under chapter 18
18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is 19
licensed under RCW 18.36A.030 subject to any limitations in RCW 20
18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific 21
investigator under this chapter, licensed, registered or otherwise 22
permitted insofar as is consistent with those licensing laws to 23
distribute, dispense, conduct research with respect to or administer 24
a controlled substance in the course of their professional practice 25
or research in this state. 26
(b) A pharmacy, hospital or other institution licensed, 27
registered, or otherwise permitted to distribute, dispense, conduct 28
research with respect to or to administer a controlled substance in 29
the course of professional practice or research in this state.30
(c) A physician licensed to practice medicine and surgery, a 31
physician licensed to practice osteopathic medicine and surgery, a 32
dentist licensed to practice dentistry, a podiatric physician and 33
surgeon licensed to practice podiatric medicine and surgery, a 34
licensed physician assistant or a licensed osteopathic physician 35
assistant specifically approved to prescribe controlled substances by 36
his or her state's medical commission or equivalent and his or her 37
participating physician as defined in RCW 18.71A.010, an advanced 38
practice registered nurse licensed to prescribe controlled 39
p. 22 SB 5921
substances, or a veterinarian licensed to practice veterinary 1
medicine in any state of the United States. 2
(41) "Prescription" means an order for controlled substances 3
issued by a practitioner duly authorized by law or rule in the state 4
of Washington to prescribe controlled substances within the scope of 5
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 RCW 9
69.51A.010. 10
(44) "Recognition card" has the meaning provided in RCW 11
69.51A.010. 12
(45) "Retail outlet" means a location licensed by the board for 13
the retail sale of cannabis concentrates, useable cannabis, and 14
cannabis-infused products. 15
(46) "Secretary" means the secretary of health or the secretary's 16
designee. 17
(47) "Social equity plan" means a plan that addresses at least 18
some of the elements outlined in this subsection (47), along with any 19
additional plan components or requirements approved by the board 20
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 will 23
work to promote social equity goals in their community;24
(b) A description of how the cannabis licensee will meet social 25
equity goals as defined in RCW 69.50.335; 26
(c) The composition of the workforce the licensee has employed or 27
intends to hire; and 28
(d) Business plans involving partnerships or assistance to 29
organizations or residents with connections to populations with a 30
history of high rates of enforcement of cannabis prohibition.31
(48) "State," unless the context otherwise requires, means a 32
state of the United States, the District of Columbia, the 33
Commonwealth of Puerto Rico, or a territory or insular possession 34
subject to the jurisdiction of the United States. 35
(49) "THC concentration" means percent of tetrahydrocannabinol 36
content of any part of the plant Cannabis, or per volume or weight of 37
cannabis product, or the combined percent of tetrahydrocannabinol and 38
tetrahydrocannabinolic acid in any part of the plant Cannabis 39
regardless of moisture content. 40
p. 23 SB 5921
(50) "Ultimate user" means an individual who lawfully possesses a 1
controlled substance for the individual's own use or for the use of a 2
member of the individual's household or for administering to an 3
animal owned by the individual or by a member of the individual's 4
household. 5
(51) "Unit" means an individual consumable item within a package 6
of one or more consumable items in solid, liquid, gas, or any form 7
intended for human consumption. 8
(52) "Useable cannabis" means dried cannabis flowers. The term 9
"useable cannabis" does not include either cannabis-infused products 10
or cannabis concentrates. 11
(53) "Youth access" means the level of interest persons under the 12
age of twenty-one may have in a vapor product, as well as the degree 13
to which the product is available or appealing to such persons, and 14
the likelihood of initiation, use, or addiction by adolescents and 15
young adults. 16
NEW SECTION. Sec. 14. Sections 1 through 11 of this act 17
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 June 22
30, 2027.23
NEW SECTION. Sec. 18. If any provision of this act or its 24
application to any person or circumstance is held invalid, the 25
remainder of the act or the application of the provision to other 26
persons or circumstances is not affected.27
--- END ---
p. 24 SB 5921