Chapter 4.45
DRUG-RELATED OFFENSES

Sections:

4.45.010    Definitions.

4.45.020    Substances which are illegal without a valid prescription.

4.45.030    Proof of chemical composition.

4.45.040    Elements of offenses and penalties.

4.45.010 Definitions.

All terms used in this chapter shall be given their commonly accepted meaning. If there is doubt as to the meaning of a term, the Court shall be guided by the definitions of the Uniform Controlled Substances Act, Chapter 69.50 RCW. Nothing in this chapter shall be construed to make illegal an act which is legal under the Uniform Controlled Substances Act. The version of the Uniform Controlled Substances Act attached to the code is hereby incorporated by reference, to be referred to as indicated in this chapter. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.9.010.]

4.45.020 Substances which are illegal without a valid prescription.

Any substance that contains any quantity of a chemical that falls within the following categories is illegal to possess without a valid prescription. The full list of chemicals contained within these categories can be found in the Uniform Controlled Substances Act. If there is any doubt as to whether a substance is illegal or not, the Court shall be guided by the provisions of the Uniform Controlled Substances Act.

Illegal substances:

A. Opiates including, but not limited to, substances commonly known as opium, heroin, morphine, methadone, and codeine;

B. Hallucinogenic substances including but not limited to substances commonly known as DMA, LSD, PCP, mescaline, peyote, and psilocybin;

C. Marijuana;

D. Cocaine in any form including but not limited to the powder and the rock or “crack” form;

E. Depressants including but not limited to methaqualone, diazepam (Valium), secobarbital, and pentobarbitol; and

F. Stimulants including but not limited to any form of amphetamine. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.9.020.]

4.45.030 Proof of chemical composition.

The chemical composition of a substance may be proved by any acceptable method of identification, including but not limited to identification by a trained law enforcement officer, by field tests, or by laboratory tests. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.9.030.]

4.45.040 Elements of offenses and penalties.

A. Any person who possesses for personal use or grows for personal use any of the substances listed in CTC 4.45.020 shall be guilty of a Class C offense.

B. Any person who grows, manufactures, delivers, or possesses with intent to sell, deliver, or manufacture, any of the substances listed in CTC 4.45.020 shall be guilty of a Class B offense. The term “manufacture” shall not apply to growing for personal use.

C. Any person who creates, delivers, or possesses a counterfeit illegal drug shall be guilty of a Class B offense. A counterfeit illegal drug is a substance which, although not in fact containing any illegal drug, or not in fact containing the drug it purports to contain, was intended to be understood by others to be a substance listed in CTC 4.45.020.

D. Any person who offers, arranges, or negotiates for the delivery of an illegal drug listed in CTC 4.45.020 and then delivers any other substance in lieu of an illegal drug listed in CTC 4.45.020 shall be guilty of a Class B offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.9.040.]