Chapter 9.28
USE AND POSSESSION OF CONTROLLED OR COUNTERFEIT SUBSTANCES OR LEGEND DRUGS IN PUBLIC UNLAWFUL – EXCEPTION
Sections:
9.28.030 Permissible possession of cannabis.
9.28.040 Possession of less than 40 grams of cannabis.
9.28.050 Unlawful use of a controlled or counterfeit substance in a public place.
Prior legislation: Ords. 346, 351, 1095, 1096, 1097, 1098 and 1104.
9.28.010 Definitions.
The following definitions are applicable in this chapter:
(1) “Controlled substance” means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15.140.020.
(2) “Counterfeit substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser.
(3) “Legend drug” means any drugs which are required by state law or regulation of the Pharmacy Quality Assurance Commission to be dispensed on prescription only or are restricted to use by practitioners only and shall include controlled substances in Schedules II through V of Chapter 69.50 RCW.
(4) “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.
(5) “Practitioner” has the same definition as in RCW 69.50.101.
(6) “Public place” means an area generally visible to public view, and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the public, and doorways, windows, drive-up windows, and entrances to buildings or dwellings that are visible to public view.
(7) “Use” means any effort taken in furtherance of an attempt to inject, ingest, inhale, or otherwise introduce a controlled or counterfeit substance or legend drug into the human body. (Ord. 1676 § 1, 2023)
9.28.020 Unlawful possession of controlled or counterfeit substances or legend drug or use of drug paraphernalia.
Except as otherwise authorized by Chapter 69.50 RCW, it is unlawful for any person:
(1) To knowingly 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;
(2) To knowingly possess a counterfeit substance; or
(3) To knowingly possess a legend drug, except upon the order or prescription of an authorized medical practitioner as provided in RCW 69.41.030.
(4) To knowingly use drug paraphernalia, except upon the order or prescription of an authorized medical practitioner as provided in RCW 69.41.030. (Ord. 1676 § 1, 2023)
9.28.030 Permissible possession of cannabis.
(1) It is not a violation of this chapter for an individual 21 years of age or older to possess cannabis, useable cannabis, cannabis concentrates or cannabis-infused products in amounts that do not exceed those listed in RCW 69.50.360(3).
(2) It is not a violation of this chapter for an individual to possess medical cannabis in accordance with Chapter 69.50 or 69.51A RCW.
(3) It is not a violation of this chapter for an individual to possess cannabis pursuant to a valid license issued by the Washington State Liquor and Cannabis Control Board. (Ord. 1676 § 1, 2023)
9.28.040 Possession of less than 40 grams of cannabis.
Except as otherwise provided in Chapter 69.50 RCW, knowing possession of less than 40 grams of cannabis or knowing possession of cannabis, cannabis-infused product or cannabis concentrates, regardless of THC concentration, by an individual under the age of 21 years, is a misdemeanor. (Ord. 1676 § 1, 2023)
9.28.050 Unlawful use of a controlled or counterfeit substance in a public place.
It is unlawful for any person to knowingly use a controlled or counterfeit substance or legend drug in a public place, 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. The existence of a valid prescription is an affirmative defense, provable by a preponderance of the evidence. (Ord. 1676 § 1, 2023)
9.28.060 Penalty.
Until July 1, 2023, all violations of this chapter are punishable as a misdemeanor. Beginning on July 1, 2023, any person who violates this chapter is guilty of a gross misdemeanor, except as provided in WMC 9.28.040. (Ord. 1676 § 1, 2023)
9.28.070 Enforcement.
(1) Unless otherwise subject to custodial arrest under RCW 10.31.100, individuals subject to enforcement under this chapter may be booked into jail. In lieu of physical booking due to overcrowding conditions at the jail(s) individuals shall be cited and released.
(2) For individuals cited under this chapter, law enforcement officers shall seize all controlled substances and related drug paraphernalia and place those items onto property to ensure that all evidence is preserved and available for further testing.
(3) As an alternative to arrest, citation or referral to the prosecutor, law enforcement may offer a referral to assessment, treatment and other community resources. (Ord. 1676 § 1, 2023)
9.28.080 Case resolution.
Case resolution and sentencing under this chapter should address the underlying addiction. The prosecutor is therefore encouraged to resolve cases charged under this chapter in a manner that will most effectively advance the defendant’s stabilization and recovery. Nothing in this chapter prevents the prosecutor from offering pretrial diversion or another alternative to prosecution, such as a stipulated order of continuance or deferred prosecution as the mechanism to ensure the defendant receives an assessment, treatment or other services. (Ord. 1676 § 1, 2023)