Chapter 6A.30
CRIMINAL CONDUCT AND
OTHER OFFENSES

Sections:

6A.30.010 Possession of marijuana.

6A.30.020 Sale, delivery or possession of legend drug without prescription or order.

6A.30.030 Drug paraphernalia – Definitions.

6A.30.040 Prohibited acts and penalties.

6A.30.045 Minimum imprisonment.

6A.30.050 Controlled substance – Definition.

6A.30.060 Violations – Juvenile driving privileges.

6A.30.010 Possession of marijuana.

It is unlawful for a person, firm, or corporation to be in possession of any part of the plant cannabis sativa L, commonly known as marijuana, or any other cannabis plant whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. (Ord. 2509 § 1, 1983)

6A.30.020 Sale, delivery or possession of legend drug without prescription or order.

It is unlawful for any person to sell, deliver or possess any legend drug except upon the order or prescription of a physician under Chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under Chapter 18.57 RCW, a dentist under Chapter 18.32 RCW, a podiatrist under Chapter 18.22 RCW, a veterinarian under Chapter 18.92 RCW, a commissioned medical or dental officer in the United States armed forces, marine hospital service, or public health service in the discharge of his official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his official duties, a registered nurse under Chapter 18.88 RCW when authorized by the board of nursing, an osteopathic physician’s assistant under Chapter 18.57A RCW when authorized by the committee of osteopathic examiners, a physician’s assistant under Chapter 18.71A RCW when authorized by the board of medical examiners, or a physician licensed to practice medicine and surgery or a physician licensed to practice osteopathy and surgery in any state or province of Canada which shares a common border with the state of Washington; provided, however, that the above provisions shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his license, or to a common or contract carrier or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment; provided further, that nothing in this chapter or Chapter 18.64 RCW shall prevent a family planning clinic that is under contract with the department of social and health services from selling, delivery, possessing and dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners.

A legend drug is any drug which is required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or is restricted to use by practitioners only.

Every person convicted of a violation of this section shall be guilty of a misdemeanor. (Ord. 2509 § 2, 1983)

6A.30.030 Drug paraphernalia – Definitions.

(1) As used in this chapter, “drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance. It includes but is not limited to:

(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;

(d) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

(e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;

(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;

(g) Separation gins and sifters used, or intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(i) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(k) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

(l) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,

(ii) Water pipes,

(iii) Carburetion tubes and devices,

(iv) Smoking and carburetion masks,

(v) Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand,

(vi) Miniature cocaine spoons and cocaine vials,

(vii) Chamber pipes,

(viii) Carburetor pipes,

(ix) Electric pipes,

(x) Air-driven pipes,

(xi) Chillums,

(xii) Bongs, and

(xiii) Ice pipes or chillers.

(2) In determining whether an object is drug paraphernalia under this section, a court of other authority should consider, in addition to all other logically relevant factors, the following:

(a) Statements by an owner or by anyone in control of the object concerning its use;

(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

(c) The proximity of the object, in time and space, to a direct violation of this chapter;

(d) The proximity of the object to controlled substances;

(e) The existence of any residue of controlled substances on the object;

(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent finding that the object is intended or designed for use as drug paraphernalia;

(g) Instructions, oral or written, provided with the object which explain or depict its use;

(h) Descriptive materials accompanying the object which explain or depict its use;

(i) National and local advertising concerning its use;

(j) The manner in which the object is displayed for sale;

(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(l) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

(m) The existence and scope of legitimate uses for the object in the community; and

(n) Expert testimony concerning its use. (Ord. 2715 § 1, 1988)

6A.30.040 Prohibited acts and penalties.

(1) 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.

(2) It is unlawful for any person to possess, deliver and 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.

(3) Any person 18 years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of a gross misdemeanor.

(4) It is unlawful for any person to place in any newspaper, magazine, hand bill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor. (Ord. 2715 § 1, 1988)

6A.30.045 Minimum imprisonment.

A person who is convicted of a violation under any provision of this chapter 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. 2001-18 § 1)

6A.30.050 Controlled substance – Definition.

As used in this chapter, a controlled substance shall be defined as any and all controlled substances as set forth in the Uniform Controlled Substances Act and RCW 69.50.204, 69.50.206 69.50.208 69.50.210 and 69.50.212 as now or hereafter amended. (Ord. 2715 § 1, 1988)

6A.30.060 Violations – Juvenile driving privileges.

(1) If a person is a juvenile 13 years of age or older and under the age of 21 at the time an offense occurred, and is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the Department of Licensing within 24 hours after entry of the judgment.

(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile 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.

(3) If the conviction is for the juvenile’s first violation of this chapter, the juvenile may not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265 until 90 days after the judgment was entered. If the conviction was for the juvenile’s second or subsequent violation of this chapter the juvenile may not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265 until one year after the date judgment was entered. (Ord. 2001-18 § 1)