Chapter 9.20
CONTROLLED SUBSTANCES, PARAPHERNALIA, POISONS AND TOXIC FUMES
Sections:
9.20.010 Inhaling toxic fumes—Statutes adopted by reference.
9.20.015 Miscellaneous crimes—Statutes adopted by reference.
9.20.020 Poisons—Statutes adopted by reference.
9.20.030 Legend drugs—Prescription drugs—Statutes adopted by reference.
9.20.040 Substitution of prescription drugs—Statutes adopted by reference.
9.20.050 Use of steroids—Statutes adopted by reference.
9.20.060 Precursor drugs—Statutes adopted by reference.
9.20.070 Uniform Controlled Substances Act—Statutes adopted by reference.
9.20.080 Standards and schedules—Statutes adopted by reference.
9.20.100 Offenses and penalties—Statutes adopted by reference.
9.20.110 Enforcement and administrative provisions—Statutes adopted by reference.
9.20.120 Medical marijuana—Statutes adopted by reference.
9.20.130 Imitation controlled substances—Statutes adopted by reference.
9.20.140 Loitering with the intent of engaging in drug-related activity.
9.20.010 Inhaling toxic fumes—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9.47A RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
9.47A.010 Definition
9.47A.020 Unlawful inhalation—Exception
9.47A.030 Possession of certain substances prohibited, when
9.47A.040 Sale of certain substances prohibited, when
9.47A.050 Penalty
(Ord. 2007-33 § 2, 2007: Ord. 2004-11 § 2, 2004: Ord. 2004-01 § 6, 2004: Ord. 97-33 § 1 (part), 1997)
9.20.015 Miscellaneous crimes—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following section of Chapter 9.91 RCW as enacted or hereinafter amended is hereby adopted by reference as if fully set forth herein including penalties:
RCW
9.91.020 Operating railroad, steamboat, vehicle, etc. while intoxicated
(Ord. 2014-05 § 3, 2014)
9.20.020 Poisons—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapters 69.38 and 69.40 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.38.010 “Poison” defined
69.38.020 Exceptions from chapter
69.38.030 Poison register—Identification of purchaser
69.38.040 Poison register—Penalty for failure to maintain register
69.38.050 False representations—Penalty
69.38.060 Manufacturers and sellers of poisons—License required—Penalty
69.40.055 Selling repackaged poison without labeling—Penalty
(Ord. 2007-33 § 3, 2007: Ord. 97-33 § 1 (part), 1997)
9.20.030 Legend drugs—Prescription drugs—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.41 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.41.010 Definitions
69.41.020 Prohibited acts—Information not privileged communication
69.41.030 Sale, deliver, or possession of legend drug without prescription or order prohibited—Exceptions—Penalty
69.41.032 Prescription of legend drugs by dialysis programs
69.41.050 Labeling requirements—Penalty
69.41.060 Search and seizure
69.41.062 Search and seizure at rental premises—Notification of landlord
69.41.065 Violations—Juvenile driving privileges
69.41.072 Violations of Chapter 69.50 RCW not to be charged under Chapter 69.41 RCW—Exception
(Ord. 2007-33 § 4, 2007: Ord. 97-33 § 1 (part), 1997)
9.20.040 Substitution of prescription drugs—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.41 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.41.110 Definitions
69.41.170 Coercion of pharmacist prohibited
(Ord. 2007-33 § 5, 2007: Ord. 97-33 § 1 (part), 1997)
9.20.050 Use of steroids—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.41 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.41.300 Definitions
69.41.320 Practitioners—Restricted use
69.41.340 Student athletes—Violations—Penalty
69.41.350 Penalties
(Ord. 2007-33 § 6, 2007)
9.20.060 Precursor drugs—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.43 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.43.010 Report to state board of pharmacy—List of substances
69.43.020 Receipt of substance from source outside of state
69.43.030 Exemptions
69.43.035 Suspicious transactions—Report—Penalty
69.43.040 Reporting form
69.43.043 Recordkeeping requirements—Penalty
69.43.048 Reporting and recordkeeping requirements
69.43.090 Permit to sell, transfer, furnish, or receive substance—Exemptions—Application for permit—Fee—Renewal—Penalty
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Exceptions—Penalty
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Penalty
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—Penalty—Exceptions
69.43.130 Exemptions—Pediatric products
69.43.170 Ephedrine, pseudoephedrine, phenylpropanolamine—Pilot project to record retail transactions—Penalty
(Ord. 2007-33 § 7, 2007)
9.20.070 Uniform Controlled Substances Act—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.50 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.50.101 Definitions
69.50.102 Drug paraphernalia—Definitions
(Ord. 2007-33 § 8, 2007)
9.20.080 Standards and schedules—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.50 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.50.202 Nomenclature
69.50.204 Schedule I
69.50.206 Schedule II
69.50.208 Schedule III
69.50.210 Schedule IV
69.50.212 Schedule V
(Ord. 2007-33 § 9, 2007)
9.20.090 Regulation of manufacture, distribution and dispensing of controlled substances—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.50 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.50.302 Registration requirements
69.50.308 Prescriptions
69.50.309 Containers
69.50.315 Medical assistance—Drug-related overdose—Prosecution for possession
(Ord. 2023-06 § 1, 2023; Ord. 2007-33 § 10, 2007)
9.20.100 Offenses and penalties—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.50 RCW as enacted or hereafter amended are hereby adopted by reference as if fully set forth herein, including penalties:
RCW
69.50.401 Prohibited Acts: A—Penalties.
69.50.4011 Counterfeit substances—Penalties.
69.50.4013 Possession of controlled substance—Penalty—Possession of useable cannabis, cannabis concentrates, or cannabis-infused products—Delivery.
69.50.4014 Possession of forty grams or less of cannabis—Penalty.
69.50.4016 Provisions not applicable to offenses under RCW 69.50.410.
69.50.404 Penalties under other laws.
69.50.405 Bar to prosecution.
69.50.407 Conspiracy.
69.50.408 Second or subsequent offenses.
69.50.412 Prohibited acts: E—Penalties.
69.50.4121 Drug paraphernalia—Selling—Penalty.
69.50.420 Violations—Juvenile driving privileges.
69.50.435 Violations committed in or on certain public facilities—Additional penalty—Defenses—Construction—Definitions.
69.50.445 Opening or consuming package containing cannabis, useable cannabis, or cannabis-infused product in view of general public—Penalty.
69.50.450 Butane or other explosive gases.
Section 9, Chapter 1, Laws of 2023, 1st Special Session, relating to pretrial diversion.
Section 10, Chapter 1, Laws of 2023, 1st Special Session, relating to sentencing of individuals violating RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2).
Section 11, Chapter 1, Laws of 2023, 1st Special Session, relating to RCW 9.96.060.
(Ord. 2023-06 § 2, 2023; Ord. 2021-17 § 1, 2021; Ord. 2013-02 § 1, 2013: Ord. 2007-33 § 11, 2007)
9.20.110 Enforcement and administrative provisions—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.50 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.50.505 Seizure and forfeiture
69.50.506 Burden of proof; liabilities
69.50.509 Search and seizure of controlled substances
69.50.510 Search and seizure at rental premises—Notification of landlord
69.50.515 Pharmacies—Cannabis—Notification and disposal
69.50.560 Controlled purchase programs—Persons under age twenty-one—Violation—Criminal penalty—Exceptions
69.50.575 Cannabis health and beauty aids
(Ord. 2023-06 § 3, 2023; Ord. 2007-33 § 12, 2007)
9.20.120 Medical marijuana—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.51A RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.51A.010 Definitions
69.51A.030 Physicians excepted from state’s criminal laws
69.51A.040 Qualifying patients’ affirmative defense
69.51A.050 Medical marijuana, lawful possession—State not liable
69.51A.060 Crimes—Limitations of chapter
(Ord. 2007-33 § 13, 2007)
9.20.130 Imitation controlled substances—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.52 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
69.52.020 Definitions
69.52.040 Seizure of contraband
(Ord. 2007-33 § 14, 2007)
9.20.140 Loitering with the intent of engaging in drug-related activity.
A. It is unlawful for any person to loiter in any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the intent to engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or 69.52 RCW.
B. “Loiter” shall mean to stand about or to proceed with many stops.
C. Among the circumstances which may be considered in determining whether such intent is manifested are:
1. Such person is a known unlawful drug user, possessor, or seller. For purposes of this chapter, a “known unlawful drug user, possessor or seller” is a person who has been convicted in any court within this state of any violation of, or involving the use, possession, or sale of any of the substances referred to in, Chapters 69.41, 69.50, and 69.52 RCW, or substantially similar laws of any political subdivision of this state or of any other state; or a person who is known to have been arrested for a drug-related violation not resulting in a conviction because the person participated in a diversionary program, deferral program, drug court or a similar program; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or who possesses marijuana in a manner not authorized by RCW 69.50.4013(1), 69.50.4013(2) and/or in amounts that exceed those set forth in RCW 69.50.360(3);
2. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in unlawful drug-related activity, including by way of example only, such person acting as a “lookout”;
3. Such person is currently subject to an order prohibiting her/her presence in a high drug activity geographic area;
4. Such person is physically identified by the officer as a member of a “gang,” or association which has as its purpose illegal drug activity. Factors that support an officer physically identifying a person as a member of such a gang or association include but are not limited to clothing, tattoos, known association and/or affiliation with such gang or association, specific and observed acts or circumstances consistent with drug related activity, and gestures, signs, greetings and movements that are consistent with gang-related activity; provided, that clothing alone shall not be sufficient, without more, to support an officer physically identifying a person as a member of such a gang or association;
5. Such person transfers small objects or packages for currency in a furtive fashion;
6. Such person takes flight upon the appearance of a police officer;
7. Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;
8. The area involved is by public repute known to be an area of unlawful drug use and trafficking;
9. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to Chapter 69.52 RCW;
10. Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.
D. Penalty. Any person convicted of a violation of this section shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed five thousand dollars, or by imprisonment in jail for a period not to exceed three hundred sixty-four days, or by both such fine and imprisonment. Each day’s violation constitutes a separate offense. (Ord. 2016-15 § 1, 2016)