Chapter 10.44
POSSESSION AND SALE OF DRUGS AND DRUG PARAPHERNALIA

Sections:

10.44.020    Statutory provisions adopted by reference.

10.44.040    Possession of drug paraphernalia – Under the age of 21.

10.44.070    Misdemeanor violations – Minimum imprisonment.

10.44.075    Use of marijuana in public.

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.

10.44.020 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. 3082 § 2, 2014; Ord. 1840 § 2, 1991; Ord. 1184 § 2, 1981)

10.44.040 Possession of drug paraphernalia – Under the age of 21.

It is unlawful for any person under the age of 21 to use, or 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, including marijuana unless medically prescribed as provided for within Chapter 69.51A RCW, in violation of this chapter. Any person who violates this section is guilty of a gross misdemeanor. (Ord. 3082 § 2, 2014; Ord. 1840 § 5, 1991; Ord. 1184 § 2, 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. 3082 § 2, 2014; Ord. 1840 § 8, 1991)

10.44.075 Use of marijuana in public.

It is unlawful to open a package containing marijuana, useable marijuana, or a marijuana-infused product, or consume marijuana, useable marijuana, or a marijuana-infused product, in view of the general public. A person who violates this section is guilty of a class 3 civil infraction under Chapter 7.80 RCW. (Ord. 3082 § 2, 2014; Ord. 3082 § 2 2014)

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. 3082 § 2, 2014; Ord. 1840 § 9, 1991)

10.44.090 Civil forfeiture.

A. The following are subject to seizure and forfeiture: all drug paraphernalia other than paraphernalia possessed, sold, or used solely to facilitate marijuana-related activities that are not violations of Chapter 69.50 RCW.

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. 3082 § 2, 2014; 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. 3082 § 2, 2014; 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. 3082 § 2, 2014; Ord. 1840 § 12, 1991)