Chapter 9.11
DRUG PARAPHERNALIA

Sections:

9.11.010    Drug paraphernalia – Selling or giving – Penalty.

9.11.020    Possession of paraphernalia – Unlawful conduct.

9.11.030    Misdemeanor violations – Minimum penalties.

9.11.040    Second or subsequent offenses.

9.11.050    Drug paraphernalia – Affirmative defenses.

9.11.010 Drug paraphernalia – Selling or giving – Penalty.

A. Every person who sells or gives, or permits to be sold or given, to any person any drug paraphernalia in any form commits a Class I civil infraction under Chapter 7.80 RCW. For purposes of this section, “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance other than marijuana. Drug paraphernalia includes, but is not limited to, objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cocaine into the human body, such as:

1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

2. Water pipes;

3. Carburetion tubes and devices;

4. Smoking and carburetion masks;

5. Miniature cocaine spoons and cocaine vials;

6. Chamber pipes;

7. Carburetor pipes;

8. Electric pipes;

9. Air-driven pipes;

10. Ice pipes or chillers.

B. It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

C. Nothing in subsection (A) of this section prohibits legal distribution of injection syringe equipment through public health and community based HIV prevention programs, and pharmacies. [Ord. 20-11 § 1.15; Ord. 01-13 § 1.02].

9.11.020 Possession of paraphernalia – Unlawful conduct.

It is unlawful for any person to use, or to possess with the intent to use, drug paraphernalia to plan, 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, the possession of which controlled substance is in violation of Chapter 69.50 RCW, or to sell, deliver, possess with the intent to sell or deliver, or manufacture with the intent to sell or deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used 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, the possession of which controlled substance is in violation of Chapter 69.50 RCW. Except as provided in RCW 69.50.401(2)(c), any person found guilty of possession of drug paraphernalia is guilty of a misdemeanor. [Ord. 63-80 § 1.01; Ord. 20-11 § 1.15; Ord. 01-13 § 1.02].

9.11.030 Misdemeanor violations – Minimum penalties.

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, the fine shall not be 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 restitution. 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 indigent, the minimum fine shall not be suspended or deferred. [Ord. 20-11 § 1.16; Ord. 01-13 § 1.02].

9.11.040 Second or subsequent offenses.

A. Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.

B. For purposes of this section, an offense is considered a second or subsequent offense if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, depressant, stimulant, or hallucinogenic drugs. [Ord. 20-11 § 1.16; Ord. 01-13 § 1.02].

9.11.050 Drug paraphernalia – Affirmative defenses.

The state of Washington, by enactment of Chapter 69.51A RCW, has recognized the medical benefits of prescribed marijuana and has legalized medical marijuana use when appropriately prescribed and obtained. The city of Richland hereby adopts Chapter 69.51A RCW as it currently exists or as it may be amended in regard to legalized medical marijuana and the use of drug paraphernalia including any affirmative defenses therein. [Ord. 20-11 § 1.16; Ord. 01-13 § 1.02].