CHAPTER 12
REGULATION OF DANGEROUS DRUGS AND DRUG WASTE
SECTION:
6-12-2: Unlawful Public Dangerous Drug Activities
6-12-3: Negligent Handling Of Dangerous Drugs Or Drug Waste
6-12-1 DEFINITIONS:
For purposes of this Chapter, the following terms shall be defined as follows:
DANGEROUS DRUGS: include any of the following:
A. Any controlled substance, excluding cannabis, or controlled substance analog as those terms are defined in RCW 69.50.101, as those terms now exist or shall hereafter be amended or recodified.
B. Any controlled substance or legend drug that is falsely labeled so as to appear to have been legitimately manufactured or distributed, or to mislead as to the actual contents or nature of the substance contained therein.
C. Any legend drug. As used herein, “legend drug” means any drug which is required by state law or regulation of the pharmacy quality assurance commission to be dispensed on prescription only or is restricted to use by practitioners only.
DRUG WASTE: shall mean any object that is: (a) not safely controlled or stored so as to avoid the risk of potentially harmful contact or consumption by others; and (b) either (i) contains any Dangerous Drug (including traces or residue thereof) or (ii) which a person observing the object reasonably concludes that the object is likely to contain Dangerous Drugs (including traces or residue thereof).
PUBLIC PLACE: means an area that is generally open to public access according to law, invitation, custom, or license. This definition is intended to include without limitation: sidewalks, parking lots and parking garages, streets, alleys, highways, or roads; public buildings and grounds, including schools, parks, playgrounds, and meeting halls; establishments to which the public is invited including restaurants, theaters, stores, gas stations, meeting halls, government offices, lobbies, halls and dining rooms of hotels, bars, taverns, pubs, or establishments where alcohol or soft drinks may be sold, and their associated parking lots, parking structures, walkways, doorways, and entrances; railroad trains, light rail facilities, buses, and other public conveyances of all kinds and character, and their associated stations and platforms used in conjunction therewith which are open to use and access by the public; and all other places of like or similar nature. (Ord. 6112, 5-22-2023)
6-12-2 UNLAWFUL PUBLIC DANGEROUS DRUG ACTIVITIES:
A. It is unlawful for any person to knowingly commit an act that is viewable from a public place if such act is a substantial step toward manufacturing, handling, holding, transferring, buying, selling, exchanging, displaying, concealing, or storing, or preparing for consumption, injecting, ingesting, inhaling, or introducing into the human body any dangerous drugs, except as provided below:
1. It is not a violation of this section to commit an act that is expressly authorized by local, state or federal laws, codes, or regulations, including but not limited to the laws found in Chapter 69.41 RCW, Chapter 69.43 RCW, Chapter 69.50 RCW, Chapter 69.51A RCW, Chapter 69.52 RCW, and Chapter 13 of Title 21 U.S.C. Ch. 13, as such laws exist or are hereafter amended or recodified.
2. It is not a violation of this section if the person’s act is in furtherance of a lawful written or oral prescription issued by a medical professional who is legally licensed and authorized to prescribe the use for authorized medical purposes.
a. This exception includes, but is not limited to, a person picking up a lawfully prescribed medication from a licensed pharmacy and delivering it to the patient who was prescribed the medication for their authorized medical use.
b. This exception shall not apply to any act that is in furtherance of consumption, injection by, inhalation by, or introduction into a person other than whom the medication was prescribed for use nor for any act that is inconsistent with the prescribed medical use.
B. A violation of this section is a gross misdemeanor, punishable as follows:
1. By imprisonment of up to 180 days in jail, or by a fine of not more than $1,000, or by both such imprisonment and fine; or
2. If the defendant has two or more prior convictions under this section or other state or local law regulating dangerous drugs, a third or subsequent violation of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. (Ord. 6112, 5-22-2023)
6-12-3 NEGLIGENT HANDLING OF DANGEROUS DRUGS OR DRUG WASTE:
A. Dangerous Drugs shall be safely stored and disposed of in accordance with all applicable local, state, or federal laws, codes, rules, or regulations so as to avoid risk of accidental exposure or contact by any person.
B. It is unlawful for any person to negligently dump, discard, deposit, throw, discharge, or leave unattended any dangerous drug or any drug waste in any public place or solid waste collection container where another person could accidently come into contact with the dangerous drug or drug waste.
C. A violation of this section is a gross misdemeanor, punishable by up to 364 days in jail and a $5000 fine. (Ord. 6112, 5-22-2023)
6-12-4 DIVERSION PROGRAMS:
To the extent sufficient resources are available, those responsible for enforcing this chapter may use community court or create diversion or therapeutic programs designed to provide those accused of violating this chapter an opportunity to seek needed addiction treatment. Such diversion programs may be formally structured or allow for informal exercises of discretion. Regardless of the availability of formal diversion programs, police officers, prosecutors, and judges are encouraged to exercise discretion to offer leniency in sentencing and/or diversion from conviction of charges under this Chapter for those who successfully complete available addiction treatment or other services that are deemed helpful to avoiding continued violations of this chapter. (Ord. 6112, 5-22-2023)
6-12-5 SEVERABILITY CLAUSE:
This Chapter is specifically intended to be consistent with and not conflict with applicable state or federal laws. If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter, or the application of the provision to other persons or circumstances, shall not be affected. To the extent a court finds that state law preempts any penalty established in this Chapter and requires an act made unlawful by this Chapter be punished differently than provided herein, the Renton Municipal Court shall retain jurisdiction over the violation of this Chapter and impose the punishment required by state law in lieu of the penalties prescribed herein. (Ord. 6112, 5-22-2023)