Chapter 10.44
POSSESSION AND SALE OF DRUG PARAPHERNALIA
Sections:
10.44.010 Drug paraphernalia defined.
10.44.020 Statutory provisions adopted by reference.
10.44.030 Possession of marijuana.
10.44.040 Possession of drug paraphernalia.
10.44.050 Manufacture or delivery of drug paraphernalia.
10.44.060 Delivery of drug paraphernalia to minor.
10.44.070 Misdemeanor violations – Minimum imprisonment.
10.44.080 Penalties under other laws.
10.44.090 Civil forfeiture.
10.44.100 Changes in statutes adopted by reference herein.
10.44.200 Severability.
10.44.010 Drug paraphernalia defined.
A. “Drug paraphernalia” means:
1. 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 unlawful drugs, including but not limited to controlled substances as defined by Chapter 69.50 RCW, as now existing or hereafter amended. Such term 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, 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;
xiii. Ice pipes or chillers;
2. In determining whether an object is drug paraphernalia, a court or 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 proximity 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 a finding that the object is intended for use, or designed for use as drug paraphernalia;
g. Instructions, oral or written, provided with the object concerning 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;
n. Expert testimony concerning its use.
B. “Marijuana” means all parts of the plant of the genus Cannabis L., whether growing or not; 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. (Ord. 1840 § 1, 1991; Ord. 1184 § 1, 1981)
10.44.020 Statutory provisions adopted by reference.
RCW 69.50.408, a statute relating to second or subsequent offenses, as now existing or hereafter amended, and RCW 69.50.420, a statute relating to juvenile driving privileges, as now existing or hereafter amended, are hereby adopted by reference as and for ordinances of the city of Lynnwood as if set forth in full herein. One copy of each such statute shall be on file with the Lynnwood city clerk. (Ord. 1840 § 2, 1991; Ord. 1184 § 2, 1981)
10.44.030 Possession of marijuana.
Except as otherwise provided by Chapter 69.50 RCW, as now existing or hereafter amended, any person possessing 40 grams or less of marijuana shall be guilty of a misdemeanor. (Ord. 1840 § 4, 1991; Ord. 1184 § 3, 1981)
10.44.040 Possession of drug paraphernalia.
It is unlawful for any person to use, or to possess with intent 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 in violation of this chapter. Any person who violates this section is guilty of a misdemeanor. (Ord. 1840 § 5, 1991; Ord. 1184 § 2, 1981)
10.44.050 Manufacture or 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 in violation of this chapter. Any person who violates this section is guilty of a misdemeanor. (Ord. 1840 § 6, 1991; Ord. 1184 § 3, 1981)
10.44.060 Delivery of drug paraphernalia to minor.
Any person 18 years or over who violates LMC 10.44.050 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. (Ord. 1840 § 7, 1991; Ord. 1184 § 4, 1981)
10.44.070 Misdemeanor violations – Minimum imprisonment.
A person who is convicted of a misdemeanor violation of 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 of a misdemeanor violation of any provision of this chapter, the fine shall be not 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. 1840 § 8, 1991)
10.44.080 Penalties under other laws.
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. (Ord. 1840 § 9, 1991)
10.44.090 Civil forfeiture.
A. The following are subject to seizure and forfeiture: all drug paraphernalia.
B. Upon showing of probable cause that any property is subject to seizure or forfeiture, any court of competent jurisdiction may issue a warrant for the seizure thereof. Any peace officer acting in accordance with a lawful warrant may seize such property, provided proceedings for forfeiture shall be commenced within a reasonable time and in no case more than five days after the initial seizure.
C. Property seized in accord with this section or subject to forfeiture shall be forfeited by civil proceedings commenced in the same manner as other civil actions of a like nature. Drug paraphernalia abandoned or lost or for whom the owner cannot be determined shall be destroyed by the city.
D. The property forfeited shall be the sole property of the city of Lynnwood. (Ord. 1840 § 10, 1991; Ord. 1184 § 5, 1981)
10.44.100 Changes in statutes adopted by reference herein.
The amendment, revision, addition, repeal, recodification or re-enactment by the Washington Legislature of any of the statutes adopted by reference in this chapter shall be deemed to amend the provisions of this chapter in conformity with the legislature’s amendment, revision, addition, repeal, recodification or re-enactment of the statutes adopted by reference herein, and it shall not be necessary for the legislative authority of this city to take any action with respect to such amendment, revision, addition, repeal, recodification or re-enactment as provided by RCW 35A.12.140. (Ord. 1840 § 11, 1991)
10.44.200 Severability.
If any section, subsection, sentence, clause, paragraph, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 1840 § 12, 1991)