Chapter 9.35
CONTROLLED SUBSTANCES AND DRUGS

Sections:

9.35.100    Inhaling toxic fumes – Adopted by reference.

9.35.200    Controlled substances – Adopted by reference.

9.35.300    Repealed.

9.35.310    Drug paraphernalia – Definitions.

9.35.320    Minors – Permitting presence.

9.35.330    Minors – Excluded.

9.35.340    Sale and display rooms.

9.35.350    Sale restriction.

9.35.360    Nuisance.

9.35.370    Violation – Penalty.

9.35.100 Inhaling toxic fumes – Adopted by reference.

The following sections of RCW Title 9, as now in effect, and as may subsequently be amended, are adopted by reference to establish crimes relating to the inhaling of toxic fumes under the Burien criminal code:

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. 63 § 70, 1993]

9.35.200 Controlled substances – Adopted by reference.

The following sections of RCW Title 69, as now in effect and as may subsequently be amended, are adopted by reference to establish regulations and crimes regarding controlled substances under the Burien criminal code:

RCW

69.50.101    Definitions.

    69.50.204

    (c)(14) Schedule I – Marijuana.

69.50.309    Containers.

69.50.4014    Possession of forty grams of marihuana – Penalty.

69.50.407    Conspiracy.

69.50.408    Second or subsequent offenses.

69.50.412    Prohibited acts: E – Penalties.

69.50.425    Misdemeanor violations – Minimum imprisonment.

69.50.505    Seizure and forfeiture.

69.50.506    Burden of proof.

69.50.509    Search and seizure of controlled substances.

[Ord. 410 § 1, 2004; Ord. 230 § 1, 1998; Ord. 63 § 90, 1993]

9.35.300 Drug paraphernalia – Possession prohibited.

Repealed by Ord. 230. [Ord. 63 § 91, 1993]

9.35.310 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, smoking, 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, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;

(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) A device “designed primarily for” such smoking or ingestion set forth in subsection (1) of this section is a device which has been fabricated, constructed, altered, adjusted or marked especially for use in the smoking, ingestion or consumption of marihuana, hashish, hashish oil, cocaine or any other “controlled substance,” and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding the fact that it might also be possible to use such device for some other purpose. Paraphernalia includes, but is not limited to, the following items or devices:

(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 marihuana 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) A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe” or otherwise;

(x) Air-driven pipes;

(xi) Chillums;

(xii) A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a “bong” or otherwise;

(xiii) A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a “buzz bomb” or otherwise;

(xiv) A canister, container or other device with a tube, nozzle or other similar arrangement attached thereto so constructed as to permit the forcing of smoke accumulated therein into the user’s lungs under pressure, whether the device is known as a “power hitter” or otherwise;

(xv) A device for holding a marijuana cigarette, whether the device is known as a “roach clip” or otherwise;

(xvi) A spoon for ingestion of a controlled substance through the nose;

(xvii) A straw or tube for ingestion of a controlled substance through the nose or mouth;

(xviii) A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of begin inhaled or ingested;

(xix) Ice pipes or chillers.

(2) In determining whether an object is drug paraphernalia under this section, 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 article;

(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 or she knows, or should reasonable know, intend to use the object to facilitate a violation of this article; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended 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 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. 63 § 92, 1993]

9.35.320 Minors – Permitting presence.

No owner, manager, proprietor or other person in charge of any room in any place of business where any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion, or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is sold, or displayed for the purpose of sale, may allow or permit any person under the age of 18 years to be in, remain in, enter or visit such room unless such minor person is accompanied by one of his parents or his legal guardian. [Ord. 63 § 93, 1993]

9.35.330 Minors – Excluded.

No person under the age of 18 years may be in, remain in, enter or visit any room in any place used for the sale or displaying for sale of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs unless such person is accompanied by one of his parents or his legal guardian. [Ord. 63 § 94, 1993]

9.35.340 Sale and display rooms.

No person may maintain, in any place of business to which the public is invited, the display for sale or the offering to sell of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance other than prescription drugs and devices to ingest or inject prescription drugs unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be posted with a sign in reasonably visible and legible words to the effect that items which are defined as drug paraphernalia under this chapter are being offered for sale in such a room and that minors unless accompanied by a parent or legal guardian are excluded. [Ord. 63 § 95, 1993]

9.35.350 Sale restriction.

No person shall sell or give, or permit to be sold or given to any person under the age of 18 years any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP, or any controlled substance other than prescription drugs and devices to ingest or inject prescription drugs. [Ord. 63 § 96, 1993]

9.35.360 Nuisance.

The distribution or possession for the purpose of sale, exhibition or display, in any place of business from which minors are not excluded as set forth in this chapter of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance other than prescription drugs and devices to ingest or inject prescription drugs, is declared to be a public nuisance and may be abated by the city. This remedy shall be addition to any other remedy provided by the law including the penalty provision applicable for the violation of the terms and provision of this chapter. [Ord. 63 § 97, 1993]

9.35.370 Violation – Penalty.

Any person convicted of having violated BMC 9.35.340, 9.35.350 or 9.35.360 shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 or imprisonment for not more than 90 days, or both such fine and imprisonment. In addition, a second or subsequent conviction of BMC 9.35.340, 9.35.350 or 9.35.360 may result in revocation of the business license of the place of business where the violations occurred. [Ord. 63 § 98, 1993]