[1]
Prior legislation: Ord. 3247.
The following statutes regarding controlled substances and drug paraphernalia are incorporated by reference:
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.
RCW 69.41.010
Definitions of legend drugs.
RCW 69.41.030
Possession of a legend drug unlawful.
RCW 69.41.060
Search and seizure.
RCW 69.50.101
Definitions.
RCW 69.50.102
Drug paraphernalia – Definitions.
RCW 69.50.201
Authority to control.
RCW 69.50.202
Nomenclature.
RCW 69.50.204
Schedule I.
RCW 69.50.206
Schedule II.
RCW 69.50.208
Schedule III.
RCW 69.50.210
Schedule IV.
RCW 69.50.212
Schedule V.
RCW 69.50.4014
Possession of forty grams or less of cannabis – Penalty.
RCW 69.50.412
Prohibited acts: E – Penalties.
RCW 69.50.4121
Drug paraphernalia – Selling or giving – Penalty.
RCW 69.50.445
Opening package or consuming marijuana in view of general public or public place.
RCW 69.50.505
Seizure and forfeiture.
(Ord. 965 § 20.01, 1977; Ord. 1382, 1984; Ord. 1993 § 4, 1994; Ord. 2112 § 1, 1997; Ord. 2767 § 1, 2009; Ord. 3179 § 2 (Exh. A), 2021; Ord. 3183 § 2 (Exh. A), 2021; Ord. 3275 § 1 (Exh. A), 2023)
The purpose of this chapter is to protect public health and safety and to reduce the negative effects flowing from the use of controlled substances. The police department and city attorney should consider alternatives to arrest, prosecution, and incarceration when such an approach is consistent with individual accountability and public safety.
(Ord. 3275 § 1 (Exh. A), 2023)
(1) 
Except as authorized by Chapter 69.50 RCW, it is unlawful for any person 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) 
It is unlawful for any person to knowingly use a controlled substance in a public place unless the controlled substance has been lawfully prescribed to the person using it.
(a) 
"Use" means any effort taken in furtherance of an attempt to inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
(b) 
"Public place" means an area generally visible to public view, and includes streets, sidewalks, bridges, alleys, breezeways, plazas, parks, driveways, parking lots, and automobiles (whether moving or not), buildings open to the public, and doorways, windows, drive-up windows, and entrances to buildings or dwellings as well as yards, patios, decks, and balconies that are visible to public view, including the common areas of apartment buildings and condominiums that are generally visible to residents and guests within the complex.
(3) 
Possession of a controlled substance or use of a controlled substance in public is a gross misdemeanor punishable by imprisonment of up to 180 days, or by a fine of not more than $1,000, or by both such imprisonment and fine; however, if the defendant has two or more prior convictions for possession of a controlled substance or for use of a controlled substance in public under the municipal code, the Revised Code of Washington, or an equivalent municipal or county code and the offense was committed in the state of Washington on or after July 1, 2023, then the offense is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine.
(4) 
A person may not be charged with both possession of a controlled substance and use of a controlled substance in public relating to the same course of conduct. If the controlled substance being used in public is different from a controlled substance being possessed at the time of the use in public, then it is not the same course of conduct.
(5) 
The possession of cannabis, usable cannabis, cannabis concentrates, and cannabis-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385(3), by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW 69.50.382 and 69.50.385, is not a violation of the municipal code.
(6) 
No person under 21 years of age may possess cannabis, cannabis-infused products, or cannabis concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
(7) 
The possession by a qualifying patient or designated provider of cannabis concentrates, usable cannabis, cannabis-infused products, or plants in accordance with Chapter 69.51A RCW is not a violation of the municipal code.
(Ord. 3275 § 1 (Exh. A), 2023)
(1) 
Except as authorized by Chapter 69.50 RCW, it is unlawful for any person to knowingly possess a counterfeit substance.
(2) 
It is unlawful for any person to knowingly use a counterfeit substance in a public place.
(a) 
"Use" means any effort taken in furtherance of an attempt to inject, ingest, inhale or otherwise introduce a counterfeit substance into the human body.
(b) 
"Public place" means an area generally visible to public view, and includes streets, sidewalks, bridges, alleys, breezeways, 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 as well as yards, patios, decks, and balconies that are visible to public view, including the common areas of apartment buildings and condominiums that are generally visible within the complex.
(3) 
Possession of a counterfeit substance or use of a counterfeit substance is a gross misdemeanor punishable by imprisonment of up to 180 days, or by a fine of not more than $1,000, or by both such imprisonment and fine; however, if the defendant has two or more prior convictions for possession of a counterfeit substance or for use of a counterfeit substance in public under the municipal code, the Revised Code of Washington, or an equivalent municipal or county code and the offense was committed in the state of Washington on or after July 1, 2023, then the offense is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine.
(4) 
A person may not be charged with both possession of a counterfeit substance and use of a counterfeit substance in public relating to the same course of conduct. If the counterfeit substance being used in public is different from a counterfeit substance being possessed at the time of the use in public, then it is not the same course of conduct.
(Ord. 3275 § 1 (Exh. A), 2023)