The police chief and city attorney shall make the investigation, arrest, and prosecution of cannabis (a/k/a "marijuana") offenses the lowest enforcement priority, as this term may be defined in their policies and procedures manuals, for adult personal use.
(Initiative 1, 2011-11-08)
A. 
It is unlawful, except as provided pursuant to Chapter 69.50 RCW as now or hereafter amended, for any person to:
1. 
Offer to sell, offer to purchase, or purchase any controlled substance with the intent to sell, or purchase any such controlled substance or any other liquid, substance, or material in lieu of such controlled substance; or
2. 
Have in his or her actual or constructive possession 40 grams or less of marijuana.
B. 
Definitions.
"Controlled substance"
means any substance classified in Schedule I, II, III, IV, or V of Chapter 69.50 RCW as now or hereafter amended.
"Marijuana"
means marijuana as defined by RCW 69.50.101 as now or hereafter amended.
"Offer"
has its ordinary meaning and includes a manifestation in any form of willingness to enter into a bargain.
C. 
Inference of intent. In any prosecution pursuant to subsection A of this section, any person who makes an offer to sell or offer to purchase a controlled substance, or who makes a purchase of a controlled substance or any other liquid, substance, or material in lieu of such controlled substance, may be inferred to have acted with intent to do the same unless such offer shall be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.
(Ord. 16587, 1960-06-07; Ord. 18289 § 2, 1967-05-16; Ord. 24615 § 1, 1990-04-17; Ord. 25234 § 1, 1992-12-22)
It shall be unlawful for any person to be in a place knowing that any dangerous drug is being illegally kept, illegally used, or illegally sold therein. It shall be presumed that any person present where any dangerous drug is illegally kept, illegally used, or illegally sold is there with knowledge of the presence of the dangerous drug; provided, however, unless flight by the actor or other circumstance makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and the person, in fact, had no knowledge of the presence of the dangerous drug.
(Ord. 19065 § 2, 1970-03-31)
"Amphetamines"
means any amphetamine or any dextroamphetamine, or any salts, derivatives, or compounds thereof, or any preparation or compound containing any of the foregoing substances, or their salts, derivatives, or compounds, or any registered, trademarked, or copyrighted preparation or compound registered in the United States patent office containing more than one grain to the avoirdupois or fluid ounce of the above substances.
"Barbiturate"
means amytal, luminal, veronal, barbital, acid diethylbarbituric, or any salts, derivatives, or compounds thereof, or any preparation or compound containing any of the foregoing substances, or their salts, derivatives, or compounds, or any registered, trademarked, or copyrighted preparation or compound registered in the United States patent office containing more than one grain to the avoirdupois or fluid ounce of the above substances; or para-amino-benzene sulfonamide, sulfanilamid, sulfamidyl, prontylin, prontosil, neoprontosil, neoprontylin, edimalin, sulfonamid or any salts, derivatives, or compounds thereof or any registered, trademarked, or copyrighted preparation or compound registered in the United States patent office containing such substances.
"Dangerous drug,"
within the meaning of this chapter, means any narcotic drug, cannabis, any barbiturate, any amphetamine or derivative thereof, any drug found by Federal law or regulation or Washington State Board of Pharmacy regulation to have a potential for abuse because of its depressive or stimulative effect on the central nervous system or its hallucinogenic effect, or any other drug which is required by any applicable Federal or State law or Federal regulation or Washington State Board of Pharmacy regulation to be used only on prescription.
"Dispense,"
within the meaning of this chapter, includes distribute, leave with, give away, dispose of or deliver.
"Narcotic drugs"
means coca leaves, opium, cannabis, isonipecaine, amidone, isosmidone, keto-bemidone, and every other substance neither chemically nor physically distinguishable from them.
A. 
"Coca leaves"
includes cocaine and any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.
B. 
"Opium"
includes morphine, codeine, and heroin, and any compound, manufacture, salt, derivative, mixture, or preparation of opium, but does not include apomorphine or any of its salts.
C. 
"Cannabis"
includes all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
D. 
"Amidone"
means any substance identified chemically as (4-4 diphenyl-6-dimethylamino-heptanone-3), or any salt thereof, by whatever trade name designated.
E. 
"Isoamidone"
means any substance identified chemically as (4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3), or any salt thereof, by whatever trade name designated.
F. 
"Keto-bemidone"
means any substance identified chemically as (4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone hydrochloride), or any salt thereof, by whatever trade name designated.
"Place,"
within the meaning of this chapter, includes any dwelling house, residence, apartment, hotel, motel, motor vehicle, or portion of a business establishment not open to the general public.
"Sale,"
within the meaning of this chapter includes barter, exchange or gift or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.
(Ord. 16587 § 2, 1960-06-07; Ord. 19065 § 3, 1970-03-31)
In any prosecution for the violation of the provisions of this chapter, it shall not be necessary for the complaint to set forth any negative allegation nor for the plaintiff to prove that the defendant does not come within any of the exceptions herein contained, but such exceptions shall be considered a matter of defense, and the burden shall be on the defendant to show that he comes within such exceptions.
(Ord. 15306 § 3, 1955-04-11)
A. 
Any person violating Section 8.28.010A.1 shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment in the Pierce County Jail for not more than 365 days, or by both such fine and imprisonment.
B. 
Any person convicted of violating any other provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment in the Pierce County Jail for not more than 90 days, or by both such fine and imprisonment.
C. 
A person who is convicted of violation of Section 8.28.010A.2 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 paid 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 of overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reasons for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.
(Ord. 15306 § 4, 1955-04-11; Ord. 22600 § 26, 1981-12-29; Ord. 25234 § 2, 1992-12-22)
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provisions to any person or circumstance shall not be affected thereby.
(Ord. 19065 § 4, 1970-03-31)