Chapter 9.90   CONTROLLED SUBSTANCES AND DRUG PARAPHERNALIA

Sections:


9.90.010   Statutes incorporated by reference.

The following statutes regarding controlled substances and drug paraphernalia are incorporated by reference:

RCW 69.41.010 Definitions of legend drugs.
RCW 69.41.030 Possession of a legend drug unlawful.
RCW 69.41.050 Labeling requirements.
RCW 69.41.070 Penalties.
RCW 69.50.101 Definitions.
RCW 69.50.102 Definitions.
RCW 69.50.202 Nomenclature.
RCW 69.50.204 Marijuana defined as a controlled substance.
RCW 69.50.404 Penalties under other laws.
RCW 69.50.407 Conspiracy.
RCW 69.50.412 Prohibited acts and penalties regarding use of drug paraphernalia and sale to minors.
RCW 69.50.425 Minimum imprisonment.
RCW 69.50.505 Forfeiture of controlled substances and drug paraphernalia, and equipment and vehicles associated therewith.
RCW 69.50.506 Burden of proof; liabilities.
RCW 69.50.509 Search and seizure of controlled substances.
RCW 69.50.510 Search and seizure at rental premises—Notification of landlord.
RCW 69.52.040 Seizure of contraband.
RCW 9.47A.010 Definition.
RCW 9.47A.020 Unlawful inhalation—Exception.
RCW 9.47A.030 Possession of certain substances prohibited, when.
RCW 9.47A.040 Sale of certain substances prohibited, when.
RCW 9.47A.050 Penalty.
RCW 70.155.080 Possession of tobacco by minors—Penalties.

 

(Ord. No. 645 § 7, 1998; Ord. No. 923, § 1, 9-17-2009)

9.90.020   Drug paraphernalia—Possession prohibited.

It is unlawful for any person to possess drug paraphernalia, as defined in RCW 69.50.102, as amended, except that:

A.

. It is lawful for any person over the age of eighteen to possess sterile hypodermic syringes and needles for the purpose of reducing bloodborne diseases. A person who violates this section shall be guilty of a misdemeanor; and

B.

It is not unlawful for any person to possess drug paraphernalia 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, marijuana.*

(Ord. No. 923, § 2, 9-17-2009)

(Ord. No. 1002, § 1, 6-20-2013)

*See, RCW 69.50.412 as amended by I-502.

9.90.090   Reserved.

Editor's note— Ord. No. 923, § 4, adopted Sept. 17, 2009, repealed § 9.90.090, which pertained to unlawful acts and derived from Ord. No. 360 § 7, 1987; Ord. No. 637 § 5, 1998.

9.90.100   Minors—Permitting in salesroom prohibited.

No owner, manager, proprietor or other person in charge of any place of business selling, or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia for smoking or injection, or consuming marijuana, hashish, PCP, or any controlled substance, as defined by the laws of the state, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of eighteen years to be, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian.

(Ord. 637 § 5 (part), 1998; Ord. 360 § 7 (part), 1987)

9.90.110   Minors—Remaining in salesroom prohibited.

A person under the age of eighteen years shall not be, remain in, enter or visit any room in any place intended for the sale, or displaying for sale, devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless such person is accompanied by one of his or her parents, or his or her legal guardian.

(Ord. 637 § 5 (part), 1998; Ord. 360 § 7 (part), 1987)

9.90.120   Sale and display rooms—Nuisance.

The distribution or possession for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded as set forth in this chapter, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance other than prescription drugs or devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, is a public nuisance, and any building, structure, premises, or room or rooms therein, constituting a nuisance as defined in this section, may be abated in a civil action in the manner provided by law, or the court upon final judgment of conviction for violation of this chapter of any person found therein at the time of his or her arrest may forthwith, and as a part of the same proceedings, direct the chief of police to abate summarily any such place as a nuisance as defined by this chapter. Such abatement shall be effected by closing and securely locking the place abated and excluding all persons therefrom. It is unlawful for any owner, agent, lessee, tenant, person in charge or occupant to enter, use or occupy any building, structure or premises, or room or rooms therein, abated as a nuisance under the provisions of this chapter, from and for a period of one year after the date of such abatement, unless he or she as principal shall give and file with the city treasurer a good and sufficient surety bond, to be approved by the court making the order of abatement, or in case of summary abatement to be approved by the chief of police, in penal sum of one thousand dollars, payable to the city, conditioned that such building, structure or premises, or room or rooms therein, will not thereafter be used in violation of this chapter, and further conditioned that he or she will pay all fines, costs and damages assessed against him or her for any violation of this chapter, and in case of the violation of any of the conditions of such bond, the whole amount may be recovered as a penalty to the city. This remedy is in addition to any other remedy provided by law, including the penalty provision applicable for violations of the terms and provisions of this code.

(Ord. 637 § 5 (part), 1998; Ord. 360 § 7 (part), 1987)

9.90.130   Violation—Misdemeanor.

Unless otherwise specifically provided, any person who violates or fails to comply with any of the provisions of this chapter, or counsels, aids or abets any such violation or failure to comply is guilty of a misdemeanor and any person convicted of such misdemeanor shall be punished as set forth in Section 9.00.110 of this code.

(Ord. 637 § 5 (part), 1998; Ord. 360 § 7 (part), 1987)

(Ord. No. 923, § 3, 9-17-2009)

9.90.140   Violation—Continued offense.

Each and every offense committed shall be deemed to be a separate offense, and each day that a violation continues shall be deemed to be a separate offense.

(Ord. 637 § 5 (part), 1998; Ord. 360 § 7 (part), 1987)

9.90.150   Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Penalty.

The city adopts by reference as though fully set forth herein RCW Section 69.43.110 as currently existing or as hereafter amended.

(Ord. 788 § 33, 2005)

9.90.160   Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—Penalty—Exceptions.

The city adopts by reference as though fully set forth herein RCW Section 69.43.120 as currently existing or as hereafter amended.

(Ord. 788 § 34, 2005)

9.90.170   Possession of forty grams or less of marijuana—Penalty.

The city adopts by reference as though fully set forth herein RCW Section 69.50.4014 as currently existing or as hereafter amended; provided that, the possession, by a person twenty-one years of age or older, of usable marijuana or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this section.*

(Ord. 788 § 35, 2005)

(Ord. No. 1002, § 2, 6-20-2013)

*See, RCW 69.50.4013 as amended by I-502.

9.90.180   Drug paraphernalia—Selling or giving—Penalty.

The city adopts by reference as though fully set forth herein RCW Section 69.50.4121 as currently existing or as hereafter amended.

(Ord. 788 § 36, 2005)

9.90.190   Crimes—Limitations of chapter.

The city adopts by reference as though fully set forth herein RCW Section 69.51A.060 as currently existing or as hereafter amended.

(Ord. 788 § 37, 2005)

9.90.200   Opening or consuming package containing marijuana, useable marijuana, or marijuana-infused product in view of general public—Penalty.

The city adopts by reference as though fully set forth herein RCW Section 69.50.445 as currently existing or as hereafter amended.

(Ord. No. 1002, § 3, 6-20-2013)