Chapter 9.14
CONTROLLED SUBSTANCES
Sections:
9.14.010 Possession of marijuana.
9.14.015 Chapter 69.50 RCW adopted by reference.
9.14.020 Prohibited acts—Penalties.
9.14.050 Enhanced penalties for drug-related violations.
9.14.060 Medical marijuana—Affirmative defenses.
9.14.010 Possession of marijuana.
It is unlawful under this code for any person over the age of twenty-one to possess more than one ounce of usable marijuana, sixteen ounces of marijuana-infused product in solid form, or seventy-two ounces of marijuana-infused product in liquid form unless pursuant to a valid prescription or order of a practitioner in the course of his/her professional practice. Every person convicted of a violation of the provisions of this section for possessing more than the amounts listed above of marijuana shall be guilty of unlawful possession of marijuana, a misdemeanor.
It is unlawful under this code for any person under the age of twenty-one to possess any quantity or form of marijuana or marijuana-infused products, unless pursuant to a valid prescription or order of a practitioner in the course of his/her professional practice. (Ord. 17-12 § 1 (part), 2017: Ord. 14-07 § 4 (part), 2014: Ord. 97-844 § 28, 1997: Ord. 453 § 9, 1982: Ord. 285 § 1, 1977: Ord. 168 § 2, 1971)
9.14.015 Chapter 69.50 RCW adopted by reference.
The provisions of Chapter 69.50 RCW, Uniform Controlled Substances Act, are adopted by reference, together with any amendments or additions hereafter made to said chapter. This specifically includes, without limitation, RCW 69.50.102, 69.50.412, 69.50.4121 and 69.50.445. (Ord. 17-12 § 1 (part), 2017: Ord. 14-07 § 4 (part), 2014: Ord. 08-15 § 2, 2008)
9.14.020 Prohibited acts—Penalties.
A.1. It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, inject, ingest, inhale or otherwise introduce into the human body a controlled substance other than marijuana. Any person who violates this subsection is guilty of a misdemeanor.
2. In addition, it is unlawful for any person to possess drug paraphernalia as defined by RCW 69.50.1021. Any person who violates this subsection is guilty of a misdemeanor.
B. 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 other than marijuana. Any person who violates this subsection is guilty of a misdemeanor.
C. 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 and intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.
D. Any person eighteen years of age or over who violates subsection B of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior is guilty of a gross misdemeanor. (Ord. 17-12 § 1 (part), 2017: Ord. 14-07 § 4 (part), 2014: Ord. 08-04 § 1, 2008: Ord. 97-844 § 29, 1997; Ord. 633 § I(1), 1989)
9.14.040 Violation.
Violation of acts prohibited under BGMC 9.14.020 is a misdemeanor. (Ord. 17-12 § 1 (part), 2017: Ord. 14-07 § 4 (part), 2014: Ord. 633 § I(3), 1989)
9.14.050 Enhanced penalties for drug-related violations.
A. The city designates the following as drug-free zones:
1. The area in a school;
2. The area on a school bus;
3. The area within one thousand feet of: (a) a school bus route stop as designated by the school district, (b) the perimeter of any school grounds, or (c) the perimeter of any public park;
4. Any public transit vehicle; or
5. Any public transit shelter.
B. Violations of RCW 69.50.401, as adopted herein, may be punished by a fine of up to twice the fine otherwise authorized by Chapter 69.50 RCW, but not including twice the fine authorized by RCW 69.50.406, or by imprisonment of up to twice the imprisonment otherwise authorized by Chapter 69.50 RCW, but not including twice the imprisonment authorized by RCW 69.50.406, or by both such fine and imprisonment. The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by Chapter 69.50 RCW for an offense.
C. BGMC 9.14.020 shall be administered and enforced as provided by RCW 69.50.435(2) through (6). (Ord. 17-12 § 1 (part), 2017: Ord. 14-07 § 4 (part), 2014: Ord. 99-002 § 1, 1999)
9.14.060 Medical marijuana—Affirmative defenses.
The state of Washington, by enactment of Chapter 69.51A RCW et seq., has recognized the medical benefits of prescribed marijuana and has legalized medical marijuana use when appropriately prescribed and obtained. The city of Battle Ground hereby adopts Chapter 69.51A RCW et seq. as it currently exists or as it may be amended in regard to legalized medical marijuana and any affirmative defenses therein. (Ord. 17-12 § 1 (part), 2017: Ord. 14-07 § 4 (part), 2014)