Chapter 9.28
DRUGS AND CONTROLLED SUBSTANCES

Sections:

9.28.010    Adoption by reference of sections of state Uniform Controlled Substances Act.

9.28.020    Violation of GMC 9.28.010 – Penalty.

9.28.030    Glue sniffing – Unlawful.

9.28.040    Glue sniffing – Violators under 18.

9.28.050    Glue sniffing – Penalty for violation.

9.28.060    Adoption by reference of sections of state Legend Drug Act.

9.28.070    Possession of legend drugs without prescription or order prohibited – Exemptions.

9.28.080    Penalties.

Statutory references:

Chapter 18.22 RCW, Podiatrists

Chapter 18.32 RCW, Dentists

Chapter 18.57 RCW, Osteopathic physicians and surgeons

Chapter 18.57A RCW, Osteopathic physician’s assistant

Chapter 18.64 RCW, Pharmacists

Chapter 18.71 RCW, Physicians

Chapter 18.71A RCW, Physician assistants

Chapter 18.88A RCW, Registered nurses

Chapter 18.92 RCW, Veterinary medicine

RCW 69.41.010, Definitions

RCW 69.41.040, Prescription requirements – Penalties

RCW 69.41.060, Search and seizure

9.28.010 Adoption by reference of sections of state Uniform Controlled Substances Act.

The following sections of Chapter 69.50 RCW relating to drugs and other controlled substances, defining crimes and prescribing penalties, are adopted by this reference:

RCW
69.50.101	Definitions
69.50.102	Drug paraphernalia – Definitions
69.50.203	Schedule I tests
69.50.204	Schedule I
69.50.205	Schedule II tests
69.50.206	Schedule II
69.50.207	Schedule III tests
69.50.208	Schedule III
69.50.209	Schedule IV tests
69.50.210	Schedule IV
69.50.211	Schedule V tests
69.50.212	Schedule V
69.50.302	Registration requirements
69.50.306	Records of registrants
69.50.308	Prescriptions
69.50.309	Containers
69.50.401	Prohibited acts: A – Penalties
69.50.402	Prohibited acts: B – Penalties
69.50.403	Prohibited acts: C – Penalties
69.50.404	Penalties under other laws
69.50.405	Bar to prosecution
69.50.406	Distribution to persons under age eighteen
69.50.407	Conspiracy
69.50.408	Second or subsequent offenses
69.50.4014	Possession of forty grams or less of marihuana – Penalty
69.50.412	Prohibited acts: E – Penalties
69.50.425	Misdemeanor violations – Minimum penalties
69.50.500	Powers of enforcement personnel
69.50.505	Seizure and forfeiture
69.50.506	Burden of proof – Liabilities
69.50.507	Judicial review
69.50.509	Search and seizure of controlled substances
69.50.510	Search and seizure at rental premises – Notification of landlord

(Ord. 2007-18 § 2).

9.28.020 Violation of GMC 9.28.010 – Penalty.

A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished as provided in RCW 69.50.425. (Ord. 2007-18 § 2).

9.28.030 Glue sniffing – Unlawful.

It is unlawful to intentionally smell or inhale the fumes from any glue, paint, cement or other adhesive containing one or more of the following chemical compounds: acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene, dichloride, isopropyl alcohol, methyl alcohol, methyl lethyl ketone, pentachlorophenol, petroleum ether or toluene, for the purpose of becoming intoxicated, inebriated, excited or stupefied; provided, this section shall not be construed as applying to the inhalation of any anesthesia for medical or dental purposes. (Ord. 2007-18 § 2).

9.28.040 Glue sniffing – Violators under 18.

Any person under the age of 18 years violating GMC 9.28.030 shall be cited to juvenile court of the state for the county for investigation and, in the event that such person is remanded by the judge of the juvenile court to the city authorities for prosecution, such person may be tried in the Grandview municipal court and punished as provided for in GMC 9.28.050. (Ord. 2007-18 § 2).

9.28.050 Glue sniffing – Penalty for violation.

Any person who violates the provisions of GMC 9.28.030, or counsels, aids or abets any such violation is guilty of a misdemeanor. (Ord. 2007-18 § 2).

9.28.060 Adoption by reference of sections of state Legend Drug Act.

The following sections of Chapter 69.41 RCW relating to legend drugs or prescribed drugs, defining crimes and prescribing penalties, are adopted by this reference along with any amendments thereto: RCW 69.41.010, 69.41.040 and 69.41.060. (Ord. 2007-18 § 2).

9.28.070 Possession of legend drugs without prescription or order prohibited – Exemptions.

It is unlawful for any person to 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 discharging of his official duties, a registered nurse under Chapter 18.88A 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, or 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 possession by drug wholesalers or drug manufacturers or their agents or employers, or to any practitioner acting within the scope of his license, or to a common or contract carrier or warehouse man, 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 section 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, delivering, possessing and disposing of commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners. (Ord. 2007-18 § 2).

9.28.080 Penalties.

Whoever violates any provision of GMC 9.28.070 shall be guilty of a misdemeanor and, in addition to any penalty imposed the court shall assess the sum of $100.00 for the police department narcotic fund under Chapter 3.80 GMC. (Ord. 2007-18 § 2).