Wash. Rev. Code » Title 69 · Chapter 69.51
Revised Code of Washington

Wash. Rev. Code § 69.51.040 (2026)

Controlled substances therapeutic research program

✓ current as of May 2026
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(1) There is established in the commission the controlled substances therapeutic research program. The program shall be administered by the department. The commission shall promulgate rules necessary for the proper administration of the Controlled Substances Therapeutic Research Act. In such promulgation, the commission shall take into consideration those pertinent rules promulgated by the United States drug enforcement agency, the food and drug administration, and the national institute on drug abuse.
(2) Except as provided in RCW 69.51.050(4), the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification review committee by a practitioner as being involved in a life-threatening or sense-threatening situation. No patient may be admitted to the controlled substances therapeutic research program without full disclosure by the practitioner of the experimental nature of this program and of the possible risks and side effects of the proposed treatment in accordance with the informed consent provisions of chapter 7.70 RCW.
(3) The commission shall provide by rule for a program of registration with the department of bona fide controlled substance therapeutic research projects.
[ 2013 c 19 s 114; 1989 1st ex.s. c 9 s 439; 1979 c 136 s 4.]

Notes:

Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Notes of Decisions
Cited in 2 cases, 1981–2016 · leading case: State v. Whitney, 637 P.2d 956 (Wash. 1981).
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State v. Whitney, 637 P.2d 956 (Wash. 1981). “RCW 69.51.040(2). The 1979 act sets up a program to research the effects of marijuana on cancer and glaucoma patients, and authorizes the use by such patients of the drug under controlled circumstances.”
Rhonda L. Duncan, dba v. State of Washington, Dept. of Revenue (Wash. Ct. App. 2016). “RCW 69.51.040(1) created an affirmative defense to the crimes of providing or possessing marijuana used by qualifying patients.”
— Wash. Rev. Code § 69.51.040(1) — 1 case
Rhonda L. Duncan, dba v. State of Washington, Dept. of Revenue (Wash. Ct. App. 2016). “RCW 69.51.040(1) created an affirmative defense to the crimes of providing or possessing marijuana used by qualifying patients.”
— Wash. Rev. Code § 69.51.040(2) — 1 case
State v. Whitney, 637 P.2d 956 (Wash. 1981). “RCW 69.51.040(2). The 1979 act sets up a program to research the effects of marijuana on cancer and glaucoma patients, and authorizes the use by such patients of the drug under controlled circumstances.”
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