HomeMy WebLinkAboutO-3183 - Amending Chapter 6.27 of the MMC Defining and Setting Penalties for Crimes Involving Controlled Substances and Drug ParaphernaliaCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 0 183
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, AMENDING CHAPTER 6.27 OF THE MUNICIPAL CODE,
DEFINING AND SETTING PENALTIES FOR CRIMES INVOLVING
CONTROLLED SUBSTANCES AND DRUG PARAPHERNALIA.
WHEREAS, the use of controlled substances without a prescription and the supervision
of a medical professional can result in physical injury or death; and
WHEREAS, the use of controlled substances without a prescription and the supervision
of a medical professional often exacerbates mental health conditions; and
WHEREAS, using controlled substances can alter a person's brain or brain chemistry
with negative health consequences; and
WHEREAS, persons using controlled substances can become addicted to such substances
resulting in negative physical and mental health consequences and damage to family and
personal relationships; and
WHEREAS, the use of controlled substances without a prescription or medical
supervision is more likely to result in addiction; and
WHEREAS, the use of controlled substances without a prescription is positively
correlated with criminal behavior; and
WHEREAS, the City has taken steps to address these problems through teaming police
officers with social workers and mental health professionals and the municipal court's Mental
Health Alternatives Program; and
WHEREAS, the City Council approved Ordinance No. 3179 in response to a decision by
the Washington State Supreme Court striking down the state law prohibiting possession of a
controlled substance without a prescription because the lack of criminal penalties for the
possession of controlled substances without a prescription would immediately result in an
increase in the negative health and safety consequences associated with the use of controlled
substances without a prescription, interfere with the City's initiatives to address addiction and
criminal activity associated with the use of controlled substances, and have an immediate, direct,
and negative impact on the health, safety, and welfare of the City's inhabitants; and
WHEREAS, the State of Washington subsequently adopted and the Governor signed
ESB 5476 making changes to the Revised Code of Washington in regard to controlled substances
and drug paraphernalia; and
WHEREAS, RCW 69.50.608 limits the city to enacting penalties that are the same as
those set forth in chapter 69.50 RCW; and
WHEREAS, the City Council wishes to align the City's ordinances regarding possession
of controlled substances with newly enacted state law; and
WHEREAS, the courts in decisions such as City of Tacoma v. Luvene, 118 Wn.2d 826,
827 P.2d 1374 (1992), and State v. Fisher, 132 Wn. App. 26, 130 P.3d 382 (2006), have
recognized the concurrent jurisdiction of local governments to criminalize drug-related activity;
and
WHEREAS, the use of drug paraphernalia to store and ingest controlled substances
without a prescription is directly related to the negative physical and mental effects of using
controlled substances and to developing addictions to controlled substances; and
WHEREAS, criminalizing the use and intended use of drug paraphernalia to store and
ingest controlled substances furthers the City's goals ofreducing addiction and other negative
consequences of using controlled substances without a prescription; and
WHEREAS, the penalties for using or intending to use drug paraphernalia should be the
same as those for possessing a controlled substance without a prescription; and
WHEREAS, adopting local ordinances for possession of a controlled substance and use
or intended use of drug paraphernalia empowers the City to better combat the negative effects of
those acts by directing City resources such as city police, prosecutors, mental health and
substance abuse services, and the municipal court toward that goal; and
WHEREAS, this is a public emergency ordinance necessary for the protection of public
health and public safety, and should be effective upon adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are adopted as findings of fact in support of
this emergency ordinance.
SECTION 2. Chapter 6.27 of the municipal code is amended as set forth in Exhibit A.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or word of
this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase or word of this
ordinance.
SECTION 4. Upon approval by the city attorney, the city clerk or the code reviser are
authorized to make necessary corrections to this ordinance, including scrivener's errors or
clerical mistakes; references to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
SECTION 5. Effective Date. This ordinance is necessary for the protection of public
health and public safety, and is effective upon its passage by the City Council and approval by
the Mayor.
PASSED by the City Council and APPROVED by the Mayor this 25"'f\-day of lltv.,,1 ' 2021.
Approved as to form:
By ~·
JON WALKER, CITY ATTORNEY
CITY OF MARYSVILLE c
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JQri NEHfUN~
EXHIBIT A
Chapter 6.27
CONTROLLED SUBSTANCES AND DRUG
PARAPHERNALIA
Sections:
6.27.010 Statutes incorporated by reference.
6.27.020 Possession of drug paraphernalia.
6.27.030 Possession of controlled substances.
6.27.010 Statutes incorporated by reference.
The following statutes regarding controlled substances and drug paraphernalia are incorporated by
reference:
RCW
9.47A.010 Definition.
9.47A.020 Unlawful inhalation -Exception.
9.47 A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.4 7 A.050 Penalty.
69.41.010 Definitions of legend drugs.
69.41.030 Possession of a legend drug unlawful.
69.41.060 Search and seizure.
69.50.101 Definitions.
69.50.102 Definitions.
69.50.201 Authority to control.
69.50.202 Nomenclature.
69.50.204 Schedule I.
69.50.206 Schedule II.
69.50.208 Schedule Ill.
69.50.210 Schedule IV.
69.50.212 Schedule V.
69.50.4011 Counterfeit substances-Penalties.
69.50.4013 Possession of a Controlled Substance
69.50.412 Prohibited acts and penalties regarding drug paraphernalia.
69.50.426 Minimum imprisonment.
69.50.445 Opening package or consuming marijuana in view of general public or public place
69.50.505 Seizure and Forfeiture of controlled substances and drug paraphernalia, and equipment
and vehicles associated thermvith.
6.27.020 Possession of drug paraphernalia.
ffilt is unlawful for any person to use, or possess with intent to use, drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a controlled substance, as defined by Chapter~ RCW, as nov.' or hereafter
amended. Any person who violates this section is guilty of a misdemeanor.other than mariiuana. Any
person who violates this subsection is guilty of a misdemeanor.
(2) It is unlawful for any person to deliver. possess with intent to deliver, or manufacture with intent to
deliver drug paraphernalia. knowing. or under circumstances where one reasonably should know.
that it will be used to plant, propagate. cultivate. grow, harvest, manufacture, compound, convert,
produce. process, prepare, test, analyze. pack, repack. store. contain. conceal, inject. ingest, inhale.
or otherwise introduce into the human body a controlled substance other than marijuana. Any person
who violates this subsection is guilty of a misdemeanor.
(3) Any person eighteen years of age or over who violates subsection (2) of this section by delivering
drug paraphernalia to a person under eighteen years of age who is at least three years his or her
junior is guilty of a gross misdemeanor.
(4) It is unlawful for any person to place in any newspaper, magazine. handbill, or other publication
any advertisement, knowing, or under circumstances where one reasonably should know, that the
purpose of the advertisement, in whole or in part. is to promote the sale of objects designed or
intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a
misdemeanor.
(5) It is lawful for any person over the age of eighteen to possess sterile hypodermic syringes and
needles for the purpose of reducing blood-borne diseases.
6.27.021 Possession of forty grams or less of marijuana-
Penalty.
Except as provided in RCW 69.50.401 (3) or as otherwise authorized by chapter 69.50 RCW,
any person knowingly possessing forty grams or less of marijuana is guilty of a misdemeanor.
6.27 .025 Offer of Referral
When a police officer has probable cause that a person has committed a misdemeanor crime as set
forth in this chapter, the officer will offer a referral in the manner provided by section 13 and section
6 of ESB 54 76 as passed by the Washington State Legislature.
6.27.030 Possession of controlled substances.
(1) It is unlavlful for any person to knowingly possess a controlled substance or to possess a
controlled substance with intent to use it, unless the substance was obtained directly from, or
f*H'&Uant to, a valid prescription or order of a practitioner \Mhile acting in the course of his oF-Aer
professional practice, or except as other.vise authorized by Chapter~ RC'N.
(2) Any person 'Nho violates this section is guilty of a gross misdemeanor punishable by up to 364
days in jail and a $5,000 fine.
(3)(a) The possession, by a person 21 years of age or older, of usable marijuana, marijuana
concentrates, or marijuana infused ~ts in amounts that do not exceed those set forth in
RCW 69.50.360(3) is not a violation of this section or this chapter.
(b) The possession of marijuana, usable marijuana, marijuana concentrates, and marijuana
infused products being physically transported or delivered within the state, in amounts not
exceeding those that may be established under RCVV 69.50.385(3), by a licensed employee of
a common carrier 111hen performing the duties authorized in accordance \Nith
RCW 69.50.382 and 69.50.385, is not a violation of this section or this chapter.
(c) The possession by a qualifying patient or designated provider of marijuana concentrates,
usable marijuana, marijuana infused products, or plants in accordance with
Chapter 69.51A RCVV is not a violation of this section or this chapter.
(d) It is unlavlful for a person under 21 years of age to knowingly possess or possess with
intent to use marijuana, marijuana infused products, or marijuana concentrates, regardless of
THC concentration. This does not include qualifying patients v1ith a valid authorization.
Violation of this subsection is a misdemeanor punishable by up to 90 days in jail and a $1,000
fifl&.-