Chapter 9.10
POSSESSION OF MARIJUANA/DRUG PARAPHERNALIA

Sections:

9.10.010    Definitions.

9.10.020    Possession of marijuana.

9.10.030    Drug paraphernalia.

9.10.040    Penalties.

9.10.010 Definitions.

As used in this chapter, the terms set forth in RCW 69.50.101 and 69.50.102 shall have the meanings set forth in those sections as now enacted or as may hereafter be amended by the Legislature. [Ord. 772 § 1, 1994.]

9.10.020 Possession of marijuana.

Any person who possesses 40 grams or less of marijuana shall be guilty of a misdemeanor. [Ord. 772 § 1, 1994.]

9.10.030 Drug paraphernalia.

A. Use of Drug Paraphernalia. It is unlawful for any person 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. Any person who violates this subsection is guilty of a misdemeanor.

B. Delivery of Drug Paraphernalia. 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. Any person who violates this subsection is guilty of a misdemeanor. [Ord. 782 § 1, 1994; Ord. 772 § 1, 1994.]

9.10.040 Penalties.

A person who is convicted of a misdemeanor or violates any provision of RMC 9.10.020 and 9.10.030 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 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. 772 § 1, 1994.]