Kratom products

AN ACT Relating to the preparation, distribution, and sale of 1
kratom products; amending RCW 69.50.101 and 69.50.101; adding a new 2
section to chapter 69.50 RCW; prescribing penalties; providing an 3
effective date; and providing an expiration date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 69.50.101 and 2024 c 62 s 17 are each amended to 6
read as follows: 7
The definitions in this section apply throughout this chapter 8
unless the context clearly requires otherwise. 9
(1) "Administer" means to apply a controlled substance, whether 10
by injection, inhalation, ingestion, or any other means, directly to 11
the body of a patient or research subject by: 12
(a) a practitioner authorized to prescribe (or, by the 13
practitioner's authorized agent); or 14
(b) the patient or research subject at the direction and in the 15
presence of the practitioner. 16
(2) "Agent" means an authorized person who acts on behalf of or 17
at the direction of a manufacturer, distributor, or dispenser. It 18
does not include a common or contract carrier, public 19
warehouseperson, or employee of the carrier or warehouseperson.20
(3) "Board" means the Washington state liquor and cannabis board.21
S-4178.1
SENATE BILL 6287
State of Washington 69th Legislature 2026 Regular Session
By Senators Salomon, Conway, Cortes, Shewmake, Stanford, Valdez, and
J. Wilson
Read first time 01/22/26. Referred to Committee on Labor & Commerce.
p. 1 SB 6287
(4) "Cannabis" means all parts of the plant Cannabis, whether 1
growing or not, with a THC concentration greater than 0.3 percent on 2
a dry weight basis during the growing cycle through harvest and 3
usable cannabis. "Cannabis" does not include hemp or industrial hemp 4
as defined in RCW 15.140.020, or seeds used for licensed hemp 5
production under chapter 15.140 RCW. 6
(5) "Cannabis concentrates" means products consisting wholly or 7
in part of the resin extracted from any part of the plant Cannabis 8
and having a THC concentration greater than ((ten)) 10 percent.9
(6) "Cannabis processor" means a person licensed by the board to 10
process cannabis into cannabis concentrates, useable cannabis, and 11
cannabis-infused products, package and label cannabis concentrates, 12
useable cannabis, and cannabis-infused products for sale in retail 13
outlets, and sell cannabis concentrates, useable cannabis, and 14
cannabis-infused products at wholesale to cannabis retailers.15
(7) "Cannabis producer" means a person licensed by the board to 16
produce and sell cannabis at wholesale to cannabis processors and 17
other cannabis producers. 18
(8)(a) "Cannabis products" means useable cannabis, cannabis 19
concentrates, and cannabis-infused products as defined in this 20
section, including any product intended to be consumed or absorbed 21
inside the body by any means including inhalation, ingestion, or 22
insertion, with any detectable amount of THC. 23
(b) "Cannabis products" also means any product containing only 24
THC content. 25
(c) "Cannabis products" does not include cannabis health and 26
beauty aids as defined in RCW 69.50.575 or products approved by the 27
United States food and drug administration. 28
(9) "Cannabis researcher" means a person licensed by the board to 29
produce, process, and possess cannabis for the purposes of conducting 30
research on cannabis and cannabis-derived drug products.31
(10) "Cannabis retailer" means a person licensed by the board to 32
sell cannabis concentrates, useable cannabis, and cannabis-infused 33
products in a retail outlet. 34
(11) "Cannabis-infused products" means products that contain 35
cannabis or cannabis extracts, are intended for human use, are 36
derived from cannabis ((as defined in subsection (4) of this 37
section)), and have a THC concentration no greater than ((ten)) 10 38
percent. The term "cannabis-infused products" does not include either 39
useable cannabis or cannabis concentrates. 40
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(12) "CBD concentration" has the meaning provided in RCW 1
69.51A.010. 2
(13) "CBD product" means any product containing or consisting of 3
cannabidiol. 4
(14) "Commission" means the pharmacy quality assurance 5
commission. 6
(15) "Controlled substance" means a drug, substance, or immediate 7
precursor included in Schedules I through V as set forth in federal 8
or state laws, or federal or commission rules, but does not include 9
hemp or industrial hemp as defined in RCW 15.140.020.10
(16)(a) "Controlled substance analog" means a substance the 11
chemical structure of which is substantially similar to the chemical 12
structure of a controlled substance in Schedule I or II and:13
(i) that has a stimulant, depressant, or hallucinogenic effect on 14
the central nervous system substantially similar to the stimulant, 15
depressant, or hallucinogenic effect on the central nervous system of 16
a controlled substance included in Schedule I or II; or17
(ii) with respect to a particular individual, that the individual 18
represents or intends to have a stimulant, depressant, or 19
hallucinogenic effect on the central nervous system substantially 20
similar to the stimulant, depressant, or hallucinogenic effect on the 21
central nervous system of a controlled substance included in Schedule 22
I or II. 23
(b) The term does not include: 24
(i) a controlled substance; 25
(ii) a substance for which there is an approved new drug 26
application; 27
(iii) a substance with respect to which an exemption is in effect 28
for investigational use by a particular person under Section 505 of 29
the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or 30
chapter 69.77 RCW to the extent conduct with respect to the substance 31
is pursuant to the exemption; or 32
(iv) any substance to the extent not intended for human 33
consumption before an exemption takes effect with respect to the 34
substance. 35
(17) "Deliver" or "delivery" means the actual or constructive 36
transfer from one person to another of a substance, whether or not 37
there is an agency relationship. 38
(18) "Department" means the department of health.39
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(19) "Designated provider" has the meaning provided in RCW 1
69.51A.010. 2
(20) "Dispense" means the interpretation of a prescription or 3
order for a controlled substance and, pursuant to that prescription 4
or order, the proper selection, measuring, compounding, labeling, or 5
packaging necessary to prepare that prescription or order for 6
delivery. 7
(21) "Dispenser" means a practitioner who dispenses.8
(22) "Distribute" means to deliver other than by administering or 9
dispensing a controlled substance. 10
(23) "Distributor" means a person who distributes.11
(24) "Drug" means (a) a controlled substance recognized as a drug 12
in the official United States pharmacopoeia/national formulary or the 13
official homeopathic pharmacopoeia of the United States, or any 14
supplement to them; (b) controlled substances intended for use in the 15
diagnosis, cure, mitigation, treatment, or prevention of disease in 16
individuals or animals; (c) controlled substances (other than food) 17
intended to affect the structure or any function of the body of 18
individuals or animals; and (d) controlled substances intended for 19
use as a component of any article specified in (a), (b), or (c) of 20
this subsection. The term does not include devices or their 21
components, parts, or accessories. 22
(25) "Drug enforcement administration" means the drug enforcement 23
administration in the United States Department of Justice, or its 24
successor agency. 25
(26) "Electronic communication of prescription information" means 26
the transmission of a prescription or refill authorization for a drug 27
of a practitioner using computer systems. The term does not include a 28
prescription or refill authorization verbally transmitted by 29
telephone nor a facsimile manually signed by the practitioner.30
(27) "Immature plant or clone" means a plant or clone that has no 31
flowers, is less than ((twelve)) 12 inches in height, and is less 32
than ((twelve)) 12 inches in diameter. 33
(28) "Immediate precursor" means a substance: 34
(a) that the commission has found to be and by rule designates as 35
being the principal compound commonly used, or produced primarily for 36
use, in the manufacture of a controlled substance;37
(b) that is an immediate chemical intermediary used or likely to 38
be used in the manufacture of a controlled substance; and39
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(c) the control of which is necessary to prevent, curtail, or 1
limit the manufacture of the controlled substance. 2
(29) "Isomer" means an optical isomer, but in subsection (((33))) 3
(36)(e) of this section, RCW 69.50.204(1) (l) and (hh), and 4
69.50.206(2)(d), the term includes any geometrical isomer; in RCW 5
69.50.204(1) (h) and (pp)((,)) and 69.50.210(3)(([,])), the term 6
includes any positional isomer; and in RCW 69.50.204(1)(ii), 7
69.50.204(3), and 69.50.208(1)(([,])), the term includes any 8
positional or geometric isomer. 9
(30) "Kratom processor" means a person that sells, prepares, 10
manufactures, distributes, wholesales, or maintains kratom products 11
or that advertises, represents, or holds itself out as selling, 12
preparing, or maintaining kratom products.13
(31) "Kratom product" means a food product or dietary ingredient 14
containing any part of the leaf of the plant mitragyna speciosa.15
(32) "Kratom retailer" means a person that sells or distributes 16
kratom products or that advertises, represents, or holds itself out 17
as selling or maintaining kratom products.18
(33) "Lot" means a definite quantity of cannabis, cannabis 19
concentrates, useable cannabis, or cannabis-infused product 20
identified by a lot number, every portion or package of which is 21
uniform within recognized tolerances for the factors that appear in 22
the labeling. 23
(((31))) (34) "Lot number" must identify the licensee by business 24
or trade name and Washington state unified business identifier 25
number, and the date of harvest or processing for each lot of 26
cannabis, cannabis concentrates, useable cannabis, or cannabis-27
infused product. 28
(((32))) (35) "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
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(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))) (36) "Narcotic drug" means any of the following, whether 5
produced directly or indirectly by extraction from substances of 6
vegetable origin, or independently by means of chemical synthesis, or 7
by a 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))) (37) "Opiate" means any substance having an addiction-29
forming or addiction-sustaining liability similar to morphine or 30
being capable of conversion into a drug having addiction-forming or 31
addiction-sustaining liability. The term includes opium, substances 32
derived from opium (opium derivatives), and synthetic opiates. The 33
term does not include, unless specifically designated as controlled 34
under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-35
methylmorphinan and its salts (dextromethorphan). The term includes 36
the racemic and levorotatory forms of dextromethorphan.37
(((35))) (38) "Opium poppy" means the plant of the species 38
Papaver somniferum L., except its seeds. 39
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(((36))) (39) "Package" means a container that has a single unit 1
or group of units. 2
(((37))) (40) "Person" means individual, corporation, business 3
trust, estate, trust, partnership, association, joint venture, 4
government, governmental subdivision or agency, or any other legal or 5
commercial entity. 6
(((38))) (41) "Plant" has the meaning provided in RCW 69.51A.010.7
(((39))) (42) "Poppy straw" means all parts, except the seeds, of 8
the opium poppy, after mowing. 9
(((40))) (43) "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
registered nurse practitioner, or licensed practical nurse under 18
chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW 19
who is licensed under RCW 18.36A.030 subject to any limitations in 20
RCW 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
registered nurse practitioner licensed to prescribe controlled 39
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substances, or a veterinarian licensed to practice veterinary 1
medicine in any state of the United States. 2
(((41))) (44) "Prescription" means an order for controlled 3
substances issued by a practitioner duly authorized by law or rule in 4
the state of Washington to prescribe controlled substances within the 5
scope of his or her professional practice for a legitimate medical 6
purpose. 7
(((42))) (45) "Production" includes the manufacturing, planting, 8
cultivating, growing, or harvesting of a controlled substance.9
(((43))) (46) "Qualifying patient" has the meaning provided in 10
RCW 69.51A.010. 11
(((44))) (47) "Recognition card" has the meaning provided in RCW 12
69.51A.010. 13
(((45))) (48) "Retail outlet" means a location licensed by the 14
board for the retail sale of cannabis concentrates, useable cannabis, 15
and cannabis-infused products. 16
(((46))) (49) "Secretary" means the secretary of health or the 17
secretary's designee. 18
(((47))) (50) "Social equity plan" means a plan that addresses at 19
least some of the elements outlined in this subsection (((47))), 20
along with any additional plan components or requirements approved by 21
the board following consultation with the task force created in RCW 22
69.50.336. The plan may include: 23
(a) A statement that indicates how the cannabis licensee will 24
work to promote social equity goals in their community;25
(b) A description of how the cannabis licensee will meet social 26
equity goals as defined in RCW 69.50.335; 27
(c) The composition of the workforce the licensee has employed or 28
intends to hire; and 29
(d) Business plans involving partnerships or assistance to 30
organizations or residents with connections to populations with a 31
history of high rates of enforcement of cannabis prohibition.32
(((48))) (51) "State," unless the context otherwise requires, 33
means a state of the United States, the District of Columbia, the 34
Commonwealth of Puerto Rico, or a territory or insular possession 35
subject to the jurisdiction of the United States. 36
(((49))) (52) "THC concentration" means percent of 37
tetrahydrocannabinol content of any part of the plant Cannabis, or 38
per volume or weight of cannabis product, or the combined percent of 39
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tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of 1
the plant Cannabis regardless of moisture content. 2
(((50))) (53) "Ultimate user" means an individual who lawfully 3
possesses a controlled substance for the individual's own use or for 4
the use of a member of the individual's household or for 5
administering to an animal owned by the individual or by a member of 6
the individual's household. 7
(((51))) (54) "Unit" means an individual consumable item within a 8
package of one or more consumable items in solid, liquid, gas, or any 9
form intended for human consumption. 10
(((52))) (55) "Useable cannabis" means dried cannabis flowers. 11
The term "useable cannabis" does not include either cannabis-infused 12
products or cannabis concentrates. 13
(((53))) (56) "Youth access" means the level of interest persons 14
under the age of ((twenty-one)) 21 may have in a vapor product, as 15
well as the degree to which the product is available or appealing to 16
such persons, and the likelihood of initiation, use, or addiction by 17
adolescents and young adults. 18
Sec. 2. RCW 69.50.101 and 2025 c 58 s 5126 are each amended to 19
read as follows: 20
The definitions in this section apply throughout this chapter 21
unless the context clearly requires otherwise. 22
(1) "Administer" means to apply a controlled substance, whether 23
by injection, inhalation, ingestion, or any other means, directly to 24
the body of a patient or research subject by: 25
(a) a practitioner authorized to prescribe (or, by the 26
practitioner's authorized agent); or 27
(b) the patient or research subject at the direction and in the 28
presence of the practitioner. 29
(2) "Agent" means an authorized person who acts on behalf of or 30
at the direction of a manufacturer, distributor, or dispenser. It 31
does not include a common or contract carrier, public 32
warehouseperson, or employee of the carrier or warehouseperson.33
(3) "Board" means the Washington state liquor and cannabis board.34
(4) "Cannabis" means all parts of the plant Cannabis, whether 35
growing or not, with a THC concentration greater than 0.3 percent on 36
a dry weight basis during the growing cycle through harvest and 37
usable cannabis. "Cannabis" does not include hemp or industrial hemp 38
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as defined in RCW 15.140.020, or seeds used for licensed hemp 1
production under chapter 15.140 RCW. 2
(5) "Cannabis concentrates" means products consisting wholly or 3
in part of the resin extracted from any part of the plant Cannabis 4
and having a THC concentration greater than ((ten)) 10 percent.5
(6) "Cannabis processor" means a person licensed by the board to 6
process cannabis into cannabis concentrates, useable cannabis, and 7
cannabis-infused products, package and label cannabis concentrates, 8
useable cannabis, and cannabis-infused products for sale in retail 9
outlets, and sell cannabis concentrates, useable cannabis, and 10
cannabis-infused products at wholesale to cannabis retailers.11
(7) "Cannabis producer" means a person licensed by the board to 12
produce and sell cannabis at wholesale to cannabis processors and 13
other cannabis producers. 14
(8)(a) "Cannabis products" means useable cannabis, cannabis 15
concentrates, and cannabis-infused products as defined in this 16
section, including any product intended to be consumed or absorbed 17
inside the body by any means including inhalation, ingestion, or 18
insertion, with any detectable amount of THC. 19
(b) "Cannabis products" also means any product containing only 20
THC content. 21
(c) "Cannabis products" does not include cannabis health and 22
beauty aids as defined in RCW 69.50.575 or products approved by the 23
United States food and drug administration. 24
(9) "Cannabis researcher" means a person licensed by the board to 25
produce, process, and possess cannabis for the purposes of conducting 26
research on cannabis and cannabis-derived drug products.27
(10) "Cannabis retailer" means a person licensed by the board to 28
sell cannabis concentrates, useable cannabis, and cannabis-infused 29
products in a retail outlet. 30
(11) "Cannabis-infused products" means products that contain 31
cannabis or cannabis extracts, are intended for human use, are 32
derived from cannabis ((as defined in subsection (4) of this 33
section)), and have a THC concentration no greater than ((ten)) 10 34
percent. The term "cannabis-infused products" does not include either 35
useable cannabis or cannabis concentrates. 36
(12) "CBD concentration" has the meaning provided in RCW 37
69.51A.010. 38
(13) "CBD product" means any product containing or consisting of 39
cannabidiol. 40
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(14) "Commission" means the pharmacy quality assurance 1
commission. 2
(15) "Controlled substance" means a drug, substance, or immediate 3
precursor included in Schedules I through V as set forth in federal 4
or state laws, or federal or commission rules, but does not include 5
hemp or industrial hemp as defined in RCW 15.140.020.6
(16)(a) "Controlled substance analog" means a substance the 7
chemical structure of which is substantially similar to the chemical 8
structure of a controlled substance in Schedule I or II and:9
(i) that has a stimulant, depressant, or hallucinogenic effect on 10
the central nervous system substantially similar to the stimulant, 11
depressant, or hallucinogenic effect on the central nervous system of 12
a controlled substance included in Schedule I or II; or13
(ii) with respect to a particular individual, that the individual 14
represents or intends to have a stimulant, depressant, or 15
hallucinogenic effect on the central nervous system substantially 16
similar to the stimulant, depressant, or hallucinogenic effect on the 17
central nervous system of a controlled substance included in Schedule 18
I or II. 19
(b) The term does not include: 20
(i) a controlled substance; 21
(ii) a substance for which there is an approved new drug 22
application; 23
(iii) a substance with respect to which an exemption is in effect 24
for investigational use by a particular person under Section 505 of 25
the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or 26
chapter 69.77 RCW to the extent conduct with respect to the substance 27
is pursuant to the exemption; or 28
(iv) any substance to the extent not intended for human 29
consumption before an exemption takes effect with respect to the 30
substance. 31
(17) "Deliver" or "delivery" means the actual or constructive 32
transfer from one person to another of a substance, whether or not 33
there is an agency relationship. 34
(18) "Department" means the department of health.35
(19) "Designated provider" has the meaning provided in RCW 36
69.51A.010. 37
(20) "Dispense" means the interpretation of a prescription or 38
order for a controlled substance and, pursuant to that prescription 39
or order, the proper selection, measuring, compounding, labeling, or 40
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packaging necessary to prepare that prescription or order for 1
delivery. 2
(21) "Dispenser" means a practitioner who dispenses.3
(22) "Distribute" means to deliver other than by administering or 4
dispensing a controlled substance. 5
(23) "Distributor" means a person who distributes.6
(24) "Drug" means (a) a controlled substance recognized as a drug 7
in the official United States pharmacopoeia/national formulary or the 8
official homeopathic pharmacopoeia of the United States, or any 9
supplement to them; (b) controlled substances intended for use in the 10
diagnosis, cure, mitigation, treatment, or prevention of disease in 11
individuals or animals; (c) controlled substances (other than food) 12
intended to affect the structure or any function of the body of 13
individuals or animals; and (d) controlled substances intended for 14
use as a component of any article specified in (a), (b), or (c) of 15
this subsection. The term does not include devices or their 16
components, parts, or accessories. 17
(25) "Drug enforcement administration" means the drug enforcement 18
administration in the United States Department of Justice, or its 19
successor agency. 20
(26) "Electronic communication of prescription information" means 21
the transmission of a prescription or refill authorization for a drug 22
of a practitioner using computer systems. The term does not include a 23
prescription or refill authorization verbally transmitted by 24
telephone nor a facsimile manually signed by the practitioner.25
(27) "Immature plant or clone" means a plant or clone that has no 26
flowers, is less than ((twelve)) 12 inches in height, and is less 27
than ((twelve)) 12 inches in diameter. 28
(28) "Immediate precursor" means a substance: 29
(a) that the commission has found to be and by rule designates as 30
being the principal compound commonly used, or produced primarily for 31
use, in the manufacture of a controlled substance;32
(b) that is an immediate chemical intermediary used or likely to 33
be used in the manufacture of a controlled substance; and34
(c) the control of which is necessary to prevent, curtail, or 35
limit the manufacture of the controlled substance.36
(29) "Isomer" means an optical isomer, but in subsection (((33))) 37
(36)(e) of this section, RCW 69.50.204(1) (l) and (hh), and 38
69.50.206(2)(d), the term includes any geometrical isomer; in RCW 39
69.50.204(1) (h) and (pp) and 69.50.210(3), the term includes any 40
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positional isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 1
69.50.208(1), the term includes any positional or geometric isomer.2
(30) "Kratom processor" means a person that sells, prepares, 3
manufactures, distributes, wholesales, or maintains kratom products 4
or that advertises, represents, or holds itself out as selling, 5
preparing, or maintaining kratom products.6
(31) "Kratom product" means a food product or dietary ingredient 7
containing any part of the leaf of the plant mitragyna speciosa.8
(32) "Kratom retailer" means a person that sells or distributes 9
kratom products or that advertises, represents, or holds itself out 10
as selling or maintaining kratom products.11
(33) "Lot" means a definite quantity of cannabis, cannabis 12
concentrates, useable cannabis, or cannabis-infused product 13
identified by a lot number, every portion or package of which is 14
uniform within recognized tolerances for the factors that appear in 15
the labeling. 16
(((31))) (34) "Lot number" must identify the licensee by business 17
or trade name and Washington state unified business identifier 18
number, and the date of harvest or processing for each lot of 19
cannabis, cannabis concentrates, useable cannabis, or cannabis-20
infused product. 21
(((32))) (35) "Manufacture" means the production, preparation, 22
propagation, compounding, conversion, or processing of a controlled 23
substance, either directly or indirectly or by extraction from 24
substances of natural origin, or independently by means of chemical 25
synthesis, or by a combination of extraction and chemical synthesis, 26
and includes any packaging or repackaging of the substance or 27
labeling or relabeling of its container. The term does not include 28
the preparation, compounding, packaging, repackaging, labeling, or 29
relabeling of a controlled substance: 30
(a) by a practitioner as an incident to the practitioner's 31
administering or dispensing of a controlled substance in the course 32
of the practitioner's professional practice; or 33
(b) by a practitioner, or by the practitioner's authorized agent 34
under the practitioner's supervision, for the purpose of, or as an 35
incident to, research, teaching, or chemical analysis and not for 36
sale. 37
(((33))) (36) "Narcotic drug" means any of the following, whether 38
produced directly or indirectly by extraction from substances of 39
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vegetable origin, or independently by means of chemical synthesis, or 1
by a combination of extraction and chemical synthesis:2
(a) Opium, opium derivative, and any derivative of opium or opium 3
derivative, including their salts, isomers, and salts of isomers, 4
whenever the existence of the salts, isomers, and salts of isomers is 5
possible within the specific chemical designation. The term does not 6
include the isoquinoline alkaloids of opium. 7
(b) Synthetic opiate and any derivative of synthetic opiate, 8
including their isomers, esters, ethers, salts, and salts of isomers, 9
esters, and ethers, whenever the existence of the isomers, esters, 10
ethers, and salts is possible within the specific chemical 11
designation. 12
(c) Poppy straw and concentrate of poppy straw.13
(d) Coca leaves, except coca leaves and extracts of coca leaves 14
from which cocaine, ecgonine, and derivatives or ecgonine or their 15
salts have been removed. 16
(e) Cocaine, or any salt, isomer, or salt of isomer thereof.17
(f) Cocaine base. 18
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer 19
thereof. 20
(h) Any compound, mixture, or preparation containing any quantity 21
of any substance referred to in (a) through (g) of this subsection.22
(((34))) (37) "Opiate" means any substance having an addiction-23
forming or addiction-sustaining liability similar to morphine or 24
being capable of conversion into a drug having addiction-forming or 25
addiction-sustaining liability. The term includes opium, substances 26
derived from opium (opium derivatives), and synthetic opiates. The 27
term does not include, unless specifically designated as controlled 28
under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-29
methylmorphinan and its salts (dextromethorphan). The term includes 30
the racemic and levorotatory forms of dextromethorphan.31
(((35))) (38) "Opium poppy" means the plant of the species 32
Papaver somniferum L., except its seeds. 33
(((36))) (39) "Package" means a container that has a single unit 34
or group of units. 35
(((37))) (40) "Person" means individual, corporation, business 36
trust, estate, trust, partnership, association, joint venture, 37
government, governmental subdivision or agency, or any other legal or 38
commercial entity. 39
(((38))) (41) "Plant" has the meaning provided in RCW 69.51A.010.40
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(((39))) (42) "Poppy straw" means all parts, except the seeds, of 1
the opium poppy, after mowing. 2
(((40))) (43) "Practitioner" means: 3
(a) A physician under chapter 18.71 RCW; a physician assistant 4
under chapter 18.71A RCW; an osteopathic physician and surgeon under 5
chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW 6
who is certified by the optometry board under RCW 18.53.010 subject 7
to any limitations in RCW 18.53.010; a dentist under chapter 18.32 8
RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a 9
veterinarian under chapter 18.92 RCW; a registered nurse, advanced 10
practice registered nurse, or licensed practical nurse under chapter 11
18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is 12
licensed under RCW 18.36A.030 subject to any limitations in RCW 13
18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific 14
investigator under this chapter, licensed, registered or otherwise 15
permitted insofar as is consistent with those licensing laws to 16
distribute, dispense, conduct research with respect to or administer 17
a controlled substance in the course of their professional practice 18
or research in this state. 19
(b) A pharmacy, hospital or other institution licensed, 20
registered, or otherwise permitted to distribute, dispense, conduct 21
research with respect to or to administer a controlled substance in 22
the course of professional practice or research in this state.23
(c) A physician licensed to practice medicine and surgery, a 24
physician licensed to practice osteopathic medicine and surgery, a 25
dentist licensed to practice dentistry, a podiatric physician and 26
surgeon licensed to practice podiatric medicine and surgery, a 27
licensed physician assistant or a licensed osteopathic physician 28
assistant specifically approved to prescribe controlled substances by 29
his or her state's medical commission or equivalent and his or her 30
participating physician as defined in RCW 18.71A.010, an advanced 31
practice registered nurse licensed to prescribe controlled 32
substances, or a veterinarian licensed to practice veterinary 33
medicine in any state of the United States. 34
(((41))) (44) "Prescription" means an order for controlled 35
substances issued by a practitioner duly authorized by law or rule in 36
the state of Washington to prescribe controlled substances within the 37
scope of his or her professional practice for a legitimate medical 38
purpose. 39
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(((42))) (45) "Production" includes the manufacturing, planting, 1
cultivating, growing, or harvesting of a controlled substance.2
(((43))) (46) "Qualifying patient" has the meaning provided in 3
RCW 69.51A.010. 4
(((44))) (47) "Recognition card" has the meaning provided in RCW 5
69.51A.010. 6
(((45))) (48) "Retail outlet" means a location licensed by the 7
board for the retail sale of cannabis concentrates, useable cannabis, 8
and cannabis-infused products. 9
(((46))) (49) "Secretary" means the secretary of health or the 10
secretary's designee. 11
(((47))) (50) "Social equity plan" means a plan that addresses at 12
least some of the elements outlined in this subsection (((47))), 13
along with any additional plan components or requirements approved by 14
the board following consultation with the task force created in RCW 15
69.50.336. The plan may include: 16
(a) A statement that indicates how the cannabis licensee will 17
work to promote social equity goals in their community;18
(b) A description of how the cannabis licensee will meet social 19
equity goals as defined in RCW 69.50.335; 20
(c) The composition of the workforce the licensee has employed or 21
intends to hire; and 22
(d) Business plans involving partnerships or assistance to 23
organizations or residents with connections to populations with a 24
history of high rates of enforcement of cannabis prohibition.25
(((48))) (51) "State," unless the context otherwise requires, 26
means a state of the United States, the District of Columbia, the 27
Commonwealth of Puerto Rico, or a territory or insular possession 28
subject to the jurisdiction of the United States. 29
(((49))) (52) "THC concentration" means percent of 30
tetrahydrocannabinol content of any part of the plant Cannabis, or 31
per volume or weight of cannabis product, or the combined percent of 32
tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of 33
the plant Cannabis regardless of moisture content.34
(((50))) (53) "Ultimate user" means an individual who lawfully 35
possesses a controlled substance for the individual's own use or for 36
the use of a member of the individual's household or for 37
administering to an animal owned by the individual or by a member of 38
the individual's household. 39
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(((51))) (54) "Unit" means an individual consumable item within a 1
package of one or more consumable items in solid, liquid, gas, or any 2
form intended for human consumption. 3
(((52))) (55) "Useable cannabis" means dried cannabis flowers. 4
The term "useable cannabis" does not include either cannabis-infused 5
products or cannabis concentrates. 6
(((53))) (56) "Youth access" means the level of interest persons 7
under the age of ((twenty-one)) 21 may have in a vapor product, as 8
well as the degree to which the product is available or appealing to 9
such persons, and the likelihood of initiation, use, or addiction by 10
adolescents and young adults. 11
NEW SECTION. Sec. 3. A new section is added to chapter 69.50 12
RCW to read as follows: 13
(1) A kratom processor or kratom retailer may not prepare, 14
distribute, sell, or expose for sale any of the following:15
(a) A kratom product mixed or packed with a nonkratom substance 16
that affects the quality or strength of the kratom product to such a 17
degree as to render the kratom product likely to injure a consumer;18
(b) A kratom product that contains a poisonous or otherwise 19
harmful nonkratom substance, including any controlled substance 20
identified in this chapter; 21
(c) A kratom product containing a level of 7-hydroxymitragynine 22
in the alkaloid fraction that is greater than two percent of the 23
alkaloid composition of the product; 24
(d) A kratom product containing any synthetic alkaloid, including 25
synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other 26
synthetically derived compounds of the kratom plant; or27
(e) Any kratom product that does not include on its package or 28
label the full list of ingredients in the product, the percentages of 29
mitragynine and 7-hydroxymitragynine in the product, and the identity 30
and address of the kratom processor. 31
(2) A kratom processor or kratom retailer may not distribute, 32
sell, or expose for sale a kratom product to an individual who is 33
under 21 years old. 34
(3) Any violation of this section is a gross misdemeanor.35
(4) A person aggrieved by a kratom processor or kratom retailer's 36
violation of this section may bring a civil action for damages 37
against the processor, retailer, or both. A kratom processor or 38
kratom retailer is not liable for a violation of subsection (1)(e) of 39
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this section if the processor or retailer relied in good faith on the 1
representation of a manufacturer, packer, or distributor regarding 2
the ingredients in the kratom product or the percentages of 3
mitragynine and 7-hydroxymitragynine in the product.4
(5) A city or county may adopt ordinances governing kratom 5
products that are more restrictive than those provided in this 6
chapter. 7
NEW SECTION. Sec. 4. Section 1 of this act expires June 30, 8
2027.9
NEW SECTION. Sec. 5. Section 2 of this act takes effect June 10
30, 2027.11
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