Chapter 10.18
CONTROLLED SUBSTANCES
Sections:
10.18.010 Marijuana prohibited.
10.18.020 Drug paraphernalia definitions.
10.18.030 Drug paraphernalia prohibited.
10.18.040 Penalties for violations of this chapter.
10.18.010 Marijuana prohibited.
It is unlawful for any person to have in his possession any form of marijuana in amounts of forty grams or less. (Ord. 1848 § 35, 1995: Ord. 1699 § 1 (part), 1990: Ord. 1688 § 9 (part), 1990).
10.18.020 Drug paraphernalia definitions.
RCW 69.50.102, Drug Paraphernalia—Definitions, as now in force or hereafter amended, added to or deleted from, is adopted by reference as part of this chapter. (Ord. 1699 § 1 (part), 1990: Ord. 1688 § 9 (part), 1990).
10.18.030 Drug paraphernalia prohibited.
RCW 69.50.412, Prohibited Acts: E—Penalties, as now in force or hereafter amended, added to or deleted from, is adopted by reference as part of this chapter. (Ord. 1699 § 1 (part), 1990: Ord. 1688 § 9 (part), 1990).
10.18.040 Penalties for violations of this chapter.
A. Every person who is convicted of possession of marijuana or of a violation of RCW 69.50.412(1), (2) or (4) under this chapter shall be punished by imprisonment for not less than twenty-four consecutive hours nor more than ninety days, and by a fine of not less than two hundred fifty dollars nor more than one thousand dollars. On a second or subsequent conviction the fine shall not be less than five hundred dollars. 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 forty 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 on 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.
B. Every person convicted of a violation of RCW 69.50.412(3) shall be punished by imprisonment for not more than three hundred sixty-five days, and by a fine not to exceed five thousand dollars, plus costs and assessments, or by both such imprisonment and fine. (Ord. 1699 § 1 (part), 1990: Ord. 1688 § 9 (part), 1990).