Chapter 9.40
MARIJUANA AND DRUG PARAPHERNALIA1

Sections:

9.40.010    Definition.

9.40.020    Possession unlawful.

9.40.025    Possession of marijuana under the age of 21 – Penalty.

9.40.030    Misdemeanor violations – Minimum penalties.

9.40.040    Second or subsequent offenses.

9.40.050    Medical marijuana – Affirmative defenses.

9.40.055    Public consumption – Violation.

9.40.060    Drug paraphernalia – Selling or giving – Penalty.

9.40.070    Possession of paraphernalia – Unlawful conduct.

9.40.080    Misdemeanor violations – Minimum penalties.

9.40.090    Second or subsequent offenses.

9.40.100    Drug paraphernalia – Affirmative defenses.

9.40.010 Definition.

For the purpose of this chapter, “marijuana” means all parts of the plant of the genus Cannabis l., whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; 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. It does not include the mature stalks of the plant, fiber produced from the stalks, or a cake made from the seeds of the plant, any compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or case, or the sterilized seed of the plant which is incapable of germination. [Ord. 4-13 § 1, 2013; Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.10.010, 1977].

9.40.020 Possession unlawful.

It is unlawful for any person to possess more than 28.35 grams of marijuana unless the same was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the laws of the state of Washington. Except as provided in RCW 69.50.401(2)(c), every person convicted of a violation of the provisions of this section for possessing more than 28.35 grams of marijuana shall be guilty of unlawful possession of marijuana, a misdemeanor.

Except as provided in RCW 69.50.401(2)(c), any person found guilty of possession of 40 grams or less of marijuana is guilty of a misdemeanor. [Ord. 4-13 § 1, 2013; Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.10.020, 1977].

9.40.025 Possession of marijuana under the age of 21 – Penalty.

It is unlawful for any person under the age of 21 years to possess marijuana in an amount less than 40 grams, as defined in WRMC 9.40.010, unless pursuant to a valid prescription or order of a practitioner in the course of his professional practice.

Except as provided in RCW 69.50.401(2)(c), any person under the age of 21 found guilty of possession of 40 grams or less of marijuana is guilty of a misdemeanor. [Ord. 4-13 § 1, 2013].

9.40.030 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. 4-13 § 1, 2013; Ord. 36-12 § 2 (Att. A), 2012].

9.40.040 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, marijuana, depressant, stimulant, or hallucinogenic drugs. [Ord. 4-13 § 1, 2013; Ord. 36-12 § 2 (Att. A), 2012].

9.40.050 Medical marijuana – 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 West Richland hereby adopts Chapter 69.51A RCW as it currently exists or as it may be amended in regard to legalized medical marijuana and any affirmative defenses therein. [Ord. 4-13 § 1, 2013; Ord. 36-12 § 2 (Att. A), 2012].

9.40.055 Public consumption – Violation.

As provided by the passage of Initiative 502 following the November 2012 election, it is unlawful to open a package containing marijuana, usable marijuana, or a marijuana-infused product, or to consume marijuana, usable marijuana, or a marijuana-infused product, in view of the general public. A person who violates this section is guilty of a Class III civil infraction under Chapter 7.80 RCW and will be prosecuted in the Benton County district court. [Ord. 4-13 § 1, 2013].

9.40.060 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 marijuana, cocaine, hashish, or hashish oil 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. 4-13 § 1, 2013; Ord. 36-12 § 2 (Att. A), 2012; Ord. 1-97 § 1, 1997. Formerly 9.40.030].

9.40.070 Possession of paraphernalia – Unlawful conduct.

It is unlawful for any person to use, or to possess with the 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, 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. 4-13 § 1, 2013; Ord. 36-12 § 2 (Att. A), 2012; Ord. 1-97 § 1, 1997. Formerly 9.40.040].

9.40.080 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. 4-13 § 1, 2013; Ord. 36-12 § 2 (Att. A), 2012].

9.40.090 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, marijuana, depressant, stimulant, or hallucinogenic drugs. [Ord. 4-13 § 1, 2013; Ord. 36-12 § 2 (Att. A), 2012].

9.40.100 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 West 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. 4-13 § 1, 2013; Ord. 36-12 § 2 (Att. A), 2012.]


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Editor’s Note: For statutory provisions on controlled substances, see Chapter 69.50 RCW.