Chapter 10.08
CONTROLLED SUBSTANCES

Sections:

10.08.005    Adoption by reference.

10.08.010    Definitions.

10.08.020    Possession of marijuana or marijuana-infused products prohibited – Penalties.

10.08.030    Unlawful inhalation.

10.08.045    Drug violations – Minor driving privileges.

10.08.060    Exceptions to liquor violations by a minor.

10.08.070    Opening, possessing, or consuming liquor in a public place.

10.08.080    Opening or consuming marijuana in a public place.

10.08.090    Unlawful transfer or use of identification.

10.08.100    Knowledge of age not an element.

10.08.005 Adoption by reference.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

66.04.010    Definitions.

66.28.200    Keg registration – Requirements of seller.

66.28.210    Keg registration – Requirements of purchaser.

66.28.230    Keg registration – Penalties.

66.44.090    Acting without a license.

66.44.175    Violations of law.

66.44.180    General penalties – Jurisdiction for violations.

66.44.200    Sales to persons apparently under the influence of liquor.

66.44.240    Drinking in public conveyance – Penalty against carrier.

66.44.250    Drinking in public conveyance – Penalty against individual.

66.44.270    Furnishing liquor to minors – Possession, use.

66.44.290    Minors purchasing or attempting to purchase liquor.

66.44.310    Minor frequenting off-limits area – Misrepresentation of age.

69.50.412    Prohibited acts – E – Penalties.

[Ord. 10912 § 4, 1997].

10.08.010 Definitions.

“Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent based on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or the sterilized seed of the plant which is incapable of germination.

“Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human consumption. The term “marijuana-infused products” does not include useable marijuana.

“Public place” includes streets and alleys; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under RCW Title 66, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. [Ord. 2012-12-063 § 1; Ord. 10507 § 3, 1994; Ord. 8573 § 2(A), 1977].

10.08.020 Possession of marijuana or marijuana-infused products prohibited – Penalties.

A. It is unlawful for any person under the age of 21 years to possess 40 grams or less of marijuana in the city. It is unlawful for anyone to possess between 28.3 grams and 40 grams of marijuana in the city.

B. It is unlawful for any person to possess more than 16 ounces of marijuana-infused product in solid form or more than 72 ounces of marijuana-infused product in liquid form. It is unlawful for any person under the age of 21 years to possess any amount of solid or liquid marijuana-infused product.

C. Possession of marijuana or marijuana-infused product in violation of this section shall be considered a misdemeanor.

D. A person who is convicted of a misdemeanor under this section shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. [Ord. 2012-12-063 § 2; Ord. 10371 § 3, 1992; Ord. 8573 § 2(B), 1977].

10.08.030 Unlawful inhalation.

A. It is unlawful to intentionally smell or inhale the fumes from any glue, cement, or other product containing one or more of the following chemical compounds: acetone, an acetate, benzene, butyl, alcohol, ethyl alcohol, ethylene, dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentochlorophenol, petroleum ether or toluene for the purpose of becoming intoxicated, inebriated, excited, or stupefied, provided this section shall not be construed as applying to the inhalation of any anesthesia for medical or dental purposes.

B. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both. [Ord. 2013-09-073 § 15; Ord. 10548 § 3, 1994; Ord. 8573 § 2(C), 1977].

10.08.045 Drug violations – Minor driving privileges.

A. If a minor 18 years of age or older and under the age of 21 is found to have committed a violation of BMC 10.08.020, the court shall notify the Department of Licensing within 24 hours after entry of the judgment.

B. Except as otherwise provided in subsection (C) of this section, upon petition of a minor whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may at any time the court deems appropriate notify the Department of Licensing to reinstate the juvenile’s privilege to drive.

C. If the conviction is for the minor’s first violation of BMC 10.08.020 the minor may not petition the court for reinstatement of the minor’s privilege to drive revoked pursuant to RCW 46.20.265 until 90 days after judgment was entered. If the conviction was for the minor’s second or subsequent violation of BMC 10.08.020, the minor may not petition the court for reinstatement of the minor’s privilege to drive revoked pursuant to RCW 46.20.265 until one year after the date judgment was entered. [Ord. 10371 § 4, 1994].

10.08.060 Exceptions to liquor violations by a minor.

In addition to the exceptions noted in BMC 10.08.040 and 10.08.050, the provisions of said sections shall not apply to those situations specifically excepted by Chapter 66.44 RCW and the regulations promulgated pursuant thereto as now enacted and hereafter amended. [Ord. 8707 § 1, 1978; Ord. 8573 § 2(F), 1977].

10.08.070 Opening, possessing, or consuming liquor in a public place.

A. It is unlawful for any person to open any package containing liquor, to possess any open container of liquor, or to consume any liquor in a public place, except in those areas or at those events that have appropriate licensing from the state of Washington and written permission of the authorized public official.

B. Every person who violates any provision of this section shall be guilty of a civil infraction. [Ord. 1999-09-057; Ord. 10507 § 2, 1994; Ord. 10371 § 1, 1992].

10.08.080 Opening or consuming marijuana in a public place.

A. It is unlawful to open a package containing marijuana or a marijuana-infused product, or to consume or use marijuana or a marijuana-infused product in a place which is open to the view of the general public.

B. Every person who violates any provision of this section shall be guilty of a civil infraction. [Ord. 2012-12-063 § 3].

10.08.090 Unlawful transfer or use of identification.

It shall be unlawful for the owner of a card of identification to transfer the card to any other person for the purpose of aiding such person to procure alcoholic beverages from any licensee or store employee. Any person who shall permit his or her card of identification to be used by another or transfer such card to another for the purpose of aiding such transferee to obtain alcoholic beverages from a licensee or store employee or gain admission to a premises or portion of a premises classified by the board as off-limits to persons under 21 years of age, shall be guilty of a misdemeanor, except that a minimum fine of $250.00 shall be imposed and any sentence requiring community service shall require not fewer than 25 hours of such service. Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any false statement on any certification card required by RCW 66.20.190, as now or hereafter amended, to be signed by him or her, shall be guilty of a misdemeanor, except that a minimum fine of $250.00 shall be imposed and any sentence requiring community service shall require not fewer than 25 hours of such service. [Ord. 10912 § 4, 1997].

10.08.100 Knowledge of age not an element.

In any prosecution under this chapter and notwithstanding any other provision hereof, it is not a defense that the actor reasonably believed that the other person was 21 years of age or older. [Ord. 10912 § 4, 1997].