Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9.47A RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 9.47A.010
Definition
RCW 9.47A.020
Unlawful inhalation—Exception
RCW 9.47A.030
Possession of certain substances prohibited, when
RCW 9.47A.040
Sale of certain substances prohibited, when
RCW 9.47A.050
Penalty
(Ord. 97-33 § 1 (part), 1997; Ord. 2004-01 § 6, 2004; Ord. 2004-11 § 2, 2004; Ord. 2007-33 § 2, 2007)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapters 69.38 and 69.40 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 69.38.010
“Poison” defined
RCW 69.38.020
Exceptions from chapter
RCW 69.38.030
Poison register—Identification of purchaser
RCW 69.38.040
Poison register—Penalty for failure to maintain register
RCW 69.38.050
False representations—Penalty
RCW 69.38.060
Manufacturers and sellers of poisons—License required—Penalty
RCW 69.40.055
Selling repackaged poison without labeling—Penalty
(Ord. 97-33 § 1 (part), 1997; Ord. 2007-33 § 3, 2007)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.41 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 69.41.010
Definitions
RCW 69.41.020
Prohibited acts—Information not privileged communication
RCW 69.41.030
Sale, deliver, or possession of legend drug without prescription or order prohibited—Exceptions—Penalty
RCW 69.41.032
Prescription of legend drugs by dialysis programs
RCW 69.41.050
Labeling requirements—Penalty
RCW 69.41.060
Search and seizure
RCW 69.41.062
Search and seizure at rental premises—Notification of landlord
RCW 69.41.065
Violations—Juvenile driving privileges
RCW 69.41.072
Violations of Chapter 69.50 RCW not to be charged under Chapter 69.41 RCW—Exception
(Ord. 97-33 § 1 (part), 1997; Ord. 2007-33 § 4, 2007)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.43 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 69.43.010
Report to state board of pharmacy—List of substances
RCW 69.43.020
Receipt of substance from source outside of state
RCW 69.43.030
Exemptions
RCW 69.43.035
Suspicious transactions—Report—Penalty
RCW 69.43.040
Reporting form
RCW 69.43.043
Recordkeeping requirements—Penalty
RCW 69.43.048
Reporting and recordkeeping requirements
RCW 69.43.090
Permit to sell, transfer, furnish, or receive substance—Exemptions—Application for permit—Fee—Renewal—Penalty
RCW 69.43.105
Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Exceptions—Penalty
RCW 69.43.110
Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Penalty
RCW 69.43.120
Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—Penalty—Exceptions
RCW 69.43.130
Exemptions—Pediatric products
RCW 69.43.170
Ephedrine, pseudoephedrine, phenylpropanolamine—Pilot project to record retail transactions—Penalty
(Ord. 2007-33 § 7, 2007)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.50 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 69.50.302
Registration requirements
RCW 69.50.308
Prescriptions
RCW 69.50.309
Containers
RCW 69.50.315
Medical assistance—Drug-related overdose—Prosecution for possession
(Ord. 2007-33 § 10, 2007; Ord. 2023-06 § 1, 2023)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.50 RCW as enacted or hereafter amended are hereby adopted by reference as if fully set forth herein, including penalties:
RCW 69.50.401
Prohibited Acts: A—Penalties.
RCW 69.50.4011
Counterfeit substances—Penalties.
RCW 69.50.4013
Possession of controlled substance—Penalty—Possession of useable cannabis, cannabis concentrates, or cannabis-infused products—Delivery.
RCW 69.50.4014
Possession of forty grams or less of cannabis—Penalty.
RCW 69.50.4016
Provisions not applicable to offenses under RCW 69.50.410.
RCW 69.50.404
Penalties under other laws.
RCW 69.50.405
Bar to prosecution.
RCW 69.50.407
Conspiracy.
RCW 69.50.408
Second or subsequent offenses.
RCW 69.50.412
Prohibited acts: E—Penalties.
RCW 69.50.4121
Drug paraphernalia—Selling—Penalty.
RCW 69.50.420
Violations—Juvenile driving privileges.
RCW 69.50.435
Violations committed in or on certain public facilities—Additional penalty—Defenses—Construction—Definitions.
RCW 69.50.445
Opening or consuming package containing cannabis, useable cannabis, or cannabis-infused product in view of general public—Penalty.
RCW 69.50.450
Butane or other explosive gases. Section 9, Chapter 1, Laws of 2023, 1st Special Session, relating to pretrial diversion. Section 10, Chapter 1, Laws of 2023, 1st Special Session, relating to sentencing of individuals violating RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2). Section 11, Chapter 1, Laws of 2023, 1st Special Session, relating to RCW 9.96.060.
(Ord. 2007-33 § 11, 2007; Ord. 2013-02 § 1, 2013; Ord. 2021-17 § 1, 2021; Ord. 2023-06 § 2, 2023)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.50 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 69.50.505
Seizure and forfeiture
RCW 69.50.506
Burden of proof; liabilities
RCW 69.50.509
Search and seizure of controlled substances
RCW 69.50.510
Search and seizure at rental premises—Notification of landlord
RCW 69.50.515
Pharmacies—Cannabis—Notification and disposal
RCW 69.50.560
Controlled purchase programs—Persons under age twenty-one—Violation—Criminal penalty—Exceptions
RCW 69.50.575
Cannabis health and beauty aids
(Ord. 2007-33 § 12, 2007; Ord. 2023-06 § 3, 2023)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 69.51A RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 69.51A.010
Definitions
RCW 69.51A.030
Physicians excepted from state’s criminal laws
RCW 69.51A.040
Qualifying patients’ affirmative defense
RCW 69.51A.050
Medical marijuana, lawful possession—State not liable
RCW 69.51A.060
Crimes—Limitations of chapter
(Ord. 2007-33 § 13, 2007)
A. 
It is unlawful for any person to loiter in any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the intent to engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or 69.52 RCW.
B. 
“Loiter” shall mean to stand about or to proceed with many stops.
C. 
Among the circumstances which may be considered in determining whether such intent is manifested are:
1. 
Such person is a known unlawful drug user, possessor, or seller. For purposes of this chapter, a “known unlawful drug user, possessor or seller” is a person who has been convicted in any court within this state of any violation of, or involving the use, possession, or sale of any of the substances referred to in, Chapters 69.41, 69.50, and 69.52 RCW, or substantially similar laws of any political subdivision of this state or of any other state; or a person who is known to have been arrested for a drug-related violation not resulting in a conviction because the person participated in a diversionary program, deferral program, drug court or a similar program; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or who possesses marijuana in a manner not authorized by RCW 69.50.4013(1), 69.50.4013(2) and/or in amounts that exceed those set forth in RCW 69.50.360(3);
2. 
Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in unlawful drug-related activity, including by way of example only, such person acting as a “lookout”;
3. 
Such person is currently subject to an order prohibiting her/her presence in a high drug activity geographic area;
4. 
Such person is physically identified by the officer as a member of a “gang,” or association which has as its purpose illegal drug activity. Factors that support an officer physically identifying a person as a member of such a gang or association include but are not limited to clothing, tattoos, known association and/or affiliation with such gang or association, specific and observed acts or circumstances consistent with drug related activity, and gestures, signs, greetings and movements that are consistent with gang-related activity; provided, that clothing alone shall not be sufficient, without more, to support an officer physically identifying a person as a member of such a gang or association;
5. 
Such person transfers small objects or packages for currency in a furtive fashion;
6. 
Such person takes flight upon the appearance of a police officer;
7. 
Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;
8. 
The area involved is by public repute known to be an area of unlawful drug use and trafficking;
9. 
The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to Chapter 69.52 RCW;
10. 
Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.
D. 
Penalty. Any person convicted of a violation of this section shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed five thousand dollars, or by imprisonment in jail for a period not to exceed three hundred sixty-four days, or by both such fine and imprisonment. Each day’s violation constitutes a separate offense.
(Ord. 2016-15 § 1, 2016)