Chapter 9.08
MARIJUANA

Sections:

9.08.010    Purpose.

9.08.020    Marijuana defined.

9.08.030    Possession of controlled substance, useable marijuana or marijuana-infused products.

9.08.040    Opening or consuming package containing marijuana, useable marijuana, or marijuana-infused product in view of general public.

9.08.050    Violation – Penalty.

9.08.010 Purpose.

This chapter is deemed an exercise of the police power of the city of Sultan for the protection of the health, welfare, safety and peace of the people of the city, and its provisions shall be liberally construed for accomplishment of that purpose. (Ord. 359 § 1, 1977)

9.08.020 Marijuana defined.

A. “Marijuana” is defined for the purpose of this chapter as: all parts of the plant of the genus Cannabis L., including all subspecies, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

B. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake mixture made from the seeds of such plant, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 1192-14 § 1; Ord. 359 § 2, 1977)

9.08.030 Possession of controlled substance, useable marijuana or marijuana-infused products.

The following provision of the Revised Code of Washington as presently constituted or hereinafter amended is adopted:

RCW

69.50.4013    Possession of Controlled Substance – Penalty – Possession of Useable Marijuana or Marijuana-infused Products.

A. It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.

B. Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a class C felony punishable under Chapter 9A.20 RCW.

C. The possession, by a person 21 years of age or older, of useable marijuana or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this section, this chapter, or any other provision of Washington State law. (Ord. 1192-14 § 1)

9.08.040 Opening or consuming package containing marijuana, useable marijuana, or marijuana-infused product in view of general public.

The following provision of the Revised Code of Washington as presently constituted or hereinafter amended is adopted:

RCW

69.50.445    Opening or Consuming Package Containing Marijuana, Useable Marijuana, or Marijuana-infused Product in View of General Public – Penalty.

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. 1192-14 § 1)

9.08.050 Violation – Penalty.

A. A violation of this chapter shall be a misdemeanor and punished by a fine not exceeding $250.00.

B. Nothing in this chapter shall restrict the state of Washington from exercising its police power in the regulation of controlled substances. (Ord. 359 § 5, 1977)