Chapter 9.20
CONTROLLED SUBSTANCES
Sections:
9.20.010 Drug paraphernalia – Definitions.
9.20.020 Possession of drug paraphernalia.
9.20.030 Manufacture or delivery of drug paraphernalia.
9.20.040 Advertisement of drug paraphernalia.
9.20.060 Controlled substances unlawful.
9.20.070 Burden of proof to establish legal use or possession.
9.20.100 State statutes adopted.
9.20.010 Drug paraphernalia – Definitions.
A. The term “drug paraphernalia” means all equipment, products, and materials of any kind whose primary design function is 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 unlawful drugs, including but not limited to controlled substances as defined by Chapter 69.50 RCW. Such term includes but is not limited to:
1. Kits used, intended for use, or designed for use in the planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance or unlawful drug can be derived.
2. Kits used, intended for use, or designed for use in the manufacturing, compounding, converting, producing, processing, or preparing of unlawful drugs.
3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is an unlawful drug.
4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of unlawful drugs.
5. Scales and balances used, intended for use, or designed for use in weighing or measuring unlawful drugs.
6. Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting unlawful drugs.
7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
8. Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding unlawful drugs.
9. Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of unlawful drugs.
10. Containers and other objects used, intended for use, or designed for use in storing or concealing unlawful drugs.
11. 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:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chilams;
l. Bongs;
m. Ice pipes or chillers.
B. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance;
3. The proximity of the object in time and space to a direct violation of the Controlled Substance Act, Chapter 69.50 RCW;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of WMC 9.20.010 through 9.20.050 shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the community;
14. Expert testimony concerning its use. [Ord. 193 § 1, 1980].
9.20.020 Possession of drug paraphernalia.
It is unlawful for any person to use, or to possess with 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 in violation of this act. Any person who violates this section is guilty of a misdemeanor and upon conviction may be imprisoned for not more than ninety (90) days or fined not more than two hundred fifty dollars ($250.00), or both. [Ord. 193 § 2, 1980].
9.20.030 Manufacture or delivery of drug paraphernalia.
It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to 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 in violation of WMC 9.20.010 through 9.20.050. Any person who violates this section is guilty of a misdemeanor and upon conviction may be imprisoned for not more than ninety (90) days, fined not more than two hundred fifty dollars ($250.00), or both. [Ord. 193 § 3, 1980].
9.20.040 Advertisement of drug paraphernalia.
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than ninety (90) days, fined not more than two hundred fifty dollars ($250.00), or both. [Ord. 193 § 4, 1980].
9.20.050 Nuisance.
The distribution or possession for the purpose of sale, exhibition or display, in any place of business of any devices, contrivances, instruments, or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion, or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is hereby declared to be a public nuisance and may be abated by the Town of Wilkeson. This remedy shall be in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of WMC 9.20.010 through this section. [Ord. 193 § 5, 1980].
9.20.060 Controlled substances unlawful.
A. It is unlawful for any person to possess, smoke, inject, ingest or in any way consume any controlled substance unless possessed, smoked, injected, ingested or consumed in accordance with the terms of a prescription prepared by a licensed practitioner.
B. It is unlawful for any person to operate, conduct, maintain or permit to be maintained any place where controlled substances are used. It is also unlawful for any person to allow controlled substances to be used in any structure under their control. This section shall not apply to the use of controlled substances as legally prescribed by a licensed practitioner.
C. It is unlawful for any person to visit any place knowing controlled substances are kept there or used there. This shall not apply to the office of a licensed practitioner.
D. It is unlawful for any person, except as authorized by this chapter, to manufacture, deliver, or possess less than forty (40) grams of marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a licensed practitioner while acting in the course of his professional practice, or except as otherwise authorized by State law.
E. It is unlawful to sell, give away, barter, exchange, distribute or manufacture any controlled substance, except as now or hereafter authorized or permitted by the laws of the State of Washington. [Ord. 88.1 §§ 1 – 5, 1988].
9.20.070 Burden of proof to establish legal use or possession.
In any prosecution for an offense involving the use, possession, manufacture, or sale of a controlled substance, the burden of proof to establish legal use or possession of the controlled substance shall be upon the defendant. [Ord. 88.1 § 6, 1988].
9.20.080 Violation.
Any person who violates the provisions of WMC 9.20.060 through 9.20.110 shall be guilty of a misdemeanor. [Ord. 88.1 § 7, 1988].
9.20.090 Definitions.
A. A “controlled substance” is defined as those substances listed and identified in:
1. RCW 69.50.204 now and as hereafter amended by the Legislature of the State of Washington;
2. RCW 69.50.206 now and as hereafter amended by the Legislature of the State of Washington;
3. RCW 69.50.208 now and as hereafter amended by the Legislature of the State of Washington;
4. RCW 69.50.210 now and as hereafter amended by the Legislature of the State of Washington; and
5. RCW 69.50.212 now and as hereafter amended by the Legislature of the State of Washington.
B. Definition of Marijuana. “Marijuana” means all parts of the plant of the genus Cannabis L., 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. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, 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.
C. Definition of Manufacture. “Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, or compounding, packaging or labeling of a controlled substance:
1. By a licensed practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
2. By a licensed practitioner, or by his authorized agent under his supervision, for the purpose of, or as incident to, research, teaching, or chemical analysis and not for sale.
D. Definition of Licensed Practitioner.
1. A physician under Chapter 18.71 RCW, now or hereafter amended;
2. An osteopathic physician or an osteopathic physician and surgeon under Chapter 18.57 RCW, now or hereafter amended;
3. A dentist under Chapter 18.32 RCW, now or hereafter amended;
4. A chiropodist under Chapter 18.22 RCW, now or hereafter amended;
5. A veterinarian under Chapter 18.92 RCW, now or hereafter amended;
6. A registered nurse under Chapter 18.88 RCW, now or hereafter amended;
7. A licensed practical nurse under Chapter 18.78 RCW, now or hereafter amended;
8. A pharmacist under Chapter 18.64 RCW, now or hereafter amended; and/or
9. A scientific investigator under Chapter 69.50 RCW, licensed, registered or otherwise permitted insofar as consistent with those licensing laws to distribute, dispense or conduct research with respect to a controlled substance in the course of his professional practice or research.
E. Definition of Narcotic Drug. “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
1. Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
2. Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subsection (E)(1) of this section but not including the isoquinoline alkaloids of opium.
F. Definition of Opiate. “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. [Ord. 88.1 §§ 8 – 13, 1988].
9.20.100 State statutes adopted.
The following sections of Chapter 69.50 RCW relating to drugs and other controlled substances are hereby adopted by reference now or as hereafter amended:
A. RCW 69.50.505.
B. RCW 69.50.506. [Ord. 88.1 § 14, 1988].
9.20.110 Search and seizure.
If, upon the sworn complaint of any person it is made to appear to any judge of any court of competent jurisdiction in the matter that there is probable cause to believe that any drug or any other controlled substance is being used, manufactured, sold, offered for sale, bartered, exchanged, given away, furnished or otherwise disposed of, or kept in violation of the provisions of WMC 9.20.060 through 9.20.110, such judge shall issue a warrant directed to the Wilkeson Chief of Police, or any police officer in the Wilkeson Police Department, commanding him/her to search the premises designated and described in such complaint and warrant and seize all drugs or other controlled substances there found, together with the vessels in which they are contained and all implements, furniture and fixtures used or kept for the illegal manufacture, sale, barter, exchange, giving away, furnishing or otherwise disposing of such. [Ord. 88.1 § 15, 1988].