Chapter 9.50
ENDANGERMENT WITH A CONTROLLED SUBSTANCE
Sections:
9.50.020 Endangerment with a controlled substance.
9.50.030 Penalty for violations.
9.50.010 Definitions.
For the purpose of this chapter, the following terms shall apply:
(a) “Cannabis” shall have the same meaning as defined in RCW 69.50.101.
(b) “Child” shall have the same meaning as defined in RCW 9A.42.010.
(c) “Controlled substance” shall have the same meaning as defined in RCW 69.50.101.
(d) “Dependent person” shall have the same meaning as defined in RCW 9A.42.010. (Ord. 1728 § 1, 2024).
9.50.020 Endangerment with a controlled substance.
(a) A person is guilty of the crime of endangerment with a controlled substance if the person knowingly or recklessly permits a child or dependent person to ingest, inhale, absorb, or have contact with a controlled substance other than cannabis, unless the controlled substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice.
(b) Administering or providing a controlled substance to a child or dependent person in the course of delivering health care services pursuant to a bona fide prescription for that child or dependent person and consistent with appropriate administration directives from a licensed medical professional who prescribed the controlled substance is not a violation of this section. (Ord. 1728 § 1, 2024).
9.50.030 Penalty for violations.
Unless otherwise specified, any person who violates this chapter is guilty of a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine. The prosecuting attorney is encouraged to consider referring such cases for assessment, treatment, and other services including referral to alternative resolution courts following formal filing of charges. (Ord. 1728 § 1, 2024).
9.50.040 Preemption.
In the event the Washington State Legislature passes a law preempting this chapter, this chapter shall cease to have effect on the same date the statute comes into effect. Any violation of this chapter that occurs prior to the preempting statute coming into effect may be prosecuted and punished pursuant to this chapter. (Ord. 1728 § 1, 2024).
9.50.050 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 1728 § 1, 2024).