CHAPTER 4
CONTROLLED SUBSTANCES AND DRUG PARAPHERNALIA

SECTION:

6-4-1:    Labeling Legend Drugs And Controlled Substances

6-4-2:    Drug Paraphernalia

6-4-3:    Loitering For Drug-Related Purposes

6-4-1 LABELING LEGEND DRUGS AND CONTROLLED SUBSTANCES:

Pursuant to the authority contained in Revised Code of Washington 35A.12.140, the following sections of Revised Code of Washington chapter 69.41 and Revised Code of Washington chapter 69.50, as now or hereafter amended, relating to legend drugs and controlled substances, are hereby adopted by reference:

RCW	69.41.010	Definitions (legend drugs - prescription drugs)
	69.41.020	Prohibited acts - information not privileged communication
	69.41.030	Sale, delivery or possession of legend drug without prescription or order prohibited - exceptions
	69.41.040	Prescription requirements
	69.41.050	Labeling requirements
	69.41.230	Drugs in violation are contraband
	69.41.300	Definitions (steroids)
	69.41.350	Penalties
	69.50.101	Definitions (uniform controlled substances act)
	69.50.202	Nomenclature
	69.50.204	Schedule I
	69.50.206	Schedule II
	69.50.208	Schedule III
	69.50.210	Schedule IV
	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(2)(e)	Prohibited acts: A - penalties
	69.50.404	Penalties under other laws
	69.50.407	Conspiracy
	69.50.408	Second or subsequent offenses
	69.50.425	Misdemeanor violations - minimum imprisonment
	69.50.500	Powers of enforcement personnel
	69.50.505	Seizure and forfeiture
	69.50.506	Burden of proof - liabilities

(Ord. 548, 5-26-1998; amd. 2006 Code)

6-4-2 DRUG PARAPHERNALIA:

Pursuant to the provisions of Revised Code of Washington 35A.12.140, the following sections of Revised Code of Washington chapter 69.50, as now or hereafter amended, relating to drug paraphernalia, are hereby adopted by reference:

RCW	69.50.102	Drug paraphernalia - definitions
	69.50.412	Prohibited acts: E - penalties

(Ord. 549, 5-26-1998)

6-4-3 LOITERING FOR DRUG-RELATED PURPOSES:

A.    Definitions:

1. "Controlled substances" means a drug, substance, or its immediate precursor, listed in Schedule I, II, III, or IV of the Uniform Controlled Substances Act, chapter 69.50 RCW.

2. "Drug" means substances recognized as drugs in the official U.S. pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; or substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or animals; or substances affecting or intended to affect the structure or any function of the body of humans or animals, except for food, and except for vitamins and minerals approved by the U.S. Food and Drug Administration for use as minerals and vitamins.

3. "Drug-related activity" means administering drugs, controlled substances or imitation controlled substances, whether by injection, inhalation, ingestion, or any other means, to oneself or to another person; or delivering drugs, controlled substances or imitation controlled substances by the actual, constructive or attempted transfer of drugs, controlled substances or imitation controlled substances from one person to another; or distributing drugs, controlled substances or imitation controlled substances by transferring or arranging for their transfer other than by administering or delivering them.

4. "High drug activity geographic area" means all or a part of a district of the city identified by the city council in a resolution passed after consultation with the mayor, city attorney and chief of police.

5. "Imitation controlled substance" means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance. Appearance includes, but is not limited to, color, shape, and size markings of the dosage unit. Representation includes, but is not limited to, representations or factors such as statements made by the person who owns or controls the substance regarding its nature, use or effect; statements made to the recipient that the substance can be resold for inordinate profit; or packing of the substance in a manner normally used for illicit controlled substances, such as but not limited to folded paper bundles, cellophane packages, aluminum foil balls, thirty-five (35) mm film canisters, ziplock plastic baggies, two-inch (2") glass vials, rubber balloons, or condoms.

6. "Known unlawful drug user, possessor or seller" means a person who has, to the knowledge of the arresting officer, within one (1) year prior to the date of his or her arrest for violation of this chapter, been convicted of any infraction or crime involving the use, possession or sale of any drug, legend drug, controlled substance, or imitation controlled substance, either in any court in Washington State, or in the courts of any other state; or who is displaying the physical characteristics of use of any drug, legend drug, or controlled substance, such as poor coordination, slurred speech, needle marks on the body, constricted pupils or dilated pupils; or who is in possession of drug paraphernalia as defined in RCW 69.50.102; or who is the subject of an order prohibiting his or her presence in a high drug activity geographic area.

7. "Legend drug" means drugs which are required by Washington State statutes or administrative regulations, or regulations of the State Board of Pharmacy, to be dispensed on prescription only, or are restricted to use only by health care practitioners licensed by the state of Washington (including physicians under chapter 18.71 RCW, osteopaths under chapter 18.57 RCW, dentists under chapter 18.32 RCW, podiatrists under chapter 18.22 RCW, veterinarians under chapter 18.92 RCW, registered nurses under chapter 18.79 RCW, osteopaths’ assistants under chapter 18.57A RCW, physicians’ assistants under chapter 18.71A RCW, or pharmacists under chapter 18.64 RCW, or pharmacies, hospitals or institutions licensed to distribute, dispense, conduct research with, or administer legend drugs to persons in the course of professional practice or research in the state).

8. "Loiter" means to stand about or to proceed with many stops.

B.    Drug Loitering Prohibited: It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or any public or private place for the purpose of engaging in drug-related activity, which activity is in violation of chapter 69.41, 69.50 or 69.52 RCW.

C.    Circumstances Described: Among the circumstances which may be considered in determining whether the person’s manner or circumstance manifests an intent to engage in unlawful drug-related activities include, but are not limited to:

1. The person loitering is a known unlawful drug user, possessor, or seller; or

2. The person is currently subject to an order prohibiting his or her presence in a high drug activity geographic area; or

3. The person is acting as a "lookout" by repeatedly leading, directing or responding to others for no obvious lawful purpose; or

4. The person is known by law enforcement officers to be a member of a "gang" or association that is known by law enforcement officers to be engaged in illegal drug activity; or

5. The person repeatedly transfers objects or packages for currency in a furtive fashion other than in a retail transaction licensed under the business and occupation and sales tax ordinances of the city; or

6. The person takes flight upon the appearance of a police officer; or

7. The person manifestly endeavors to conceal himself or herself or some object which reasonably could be involved in unlawful drug-related activity; or

8. The person displays physical characteristics of drug intoxication or usage, such as "needle tracks"; or

9. The person possesses drug paraphernalia as defined in chapter 69.50 RCW; or

10. The area where the person is loitering is a high drug activity geographic area; or

11. The premises involved have been reported, to the knowledge of law enforcement officers, to be a place suspected of illegal drug-related activity; or

12. Any motor vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for arrest for a crime involving unlawful drug-related activity.

D.    Stay Out Of Drug Areas (SODA) Orders:

1. Certain areas of the city shall be designated as and identified to be anti-drug activity emphasis areas based on the repeat incidents of narcotics-related activities occurring therein, and additional penalties may be applied in the event of conviction of violation of city or state laws within said areas. The areas to be so designated shall be identified by the city council in a resolution passed after consultation with the mayor, city attorney and chief of police, and the list identifying such areas shall be kept on file in the office of the city clerk-treasurer. Additional areas may also be identified by the municipal court hearing drug-related cases arising from within the city limits.

2. Stay Out of Drug Areas orders, hereafter known as "SODA orders," may be issued by the Roy municipal court as a condition or term of sentence, deferral, or suspension to any person convicted of prohibited narcotics-related offenses contrary to any provision of the Roy City Code ("RCC"). Further, the court may issue a SODA order as a condition of release pending disposition of a narcotics-related offense.

3. A person is deemed to have notice of the SODA order when the signature of the person prohibited in the order is affixed to the bottom of the order, acknowledging receipt of the order; or the order otherwise indicates that either the person or the person’s attorney appeared before the court.

4. The SODA order shall be in writing and shall bear the following language: "Violation of this court order is a criminal offense under RCC 6-4 and will subject the violator to arrest."

E.    Provisions Cumulative: The provisions of this section are intended as cumulative and selective, and shall not be construed as repealing any other ordinance involving the same subject matter.

F.    Penalty: Any person violating any provisions of this section shall be deemed guilty of a gross misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1. (Ord. 384, 8-13-1990; amd. 2006 Code; Ord. 964, 6-25-2018)