Chapter 7.34
CONTROLLED SUBSTANCES
Sections:
7.34.020 Knowing possession of controlled substances prohibited.
7.34.040 Permissible possession of marijuana.
7.34.050 Possession of less than forty grams of marijuana.
7.34.070 Manufacture, distribution and dispensing according to law not prohibited.
7.34.010 Definitions.
All definitions from Chapter 69.50 RCW are hereby adopted and incorporated herein. (Res. 2021-42, 4/12/21).
7.34.020 Knowing possession of controlled substances prohibited.
It is unlawful for any person to knowingly possess a controlled substance. (Res. 2021-42, 4/12/21).
7.34.030 Violation—Penalties.
Except as otherwise stated in this chapter, any violation of Section 7.34.020 is a misdemeanor, punishable by not more than ninety days in jail and a fine of not more than one thousand dollars. (Res. 2021-42, 4/12/21).
7.34.040 Permissible possession of marijuana.
Possession of marijuana, useable marijuana, marijuana concentrates, and marijuana infused products in amounts that do not exceed those in RCW 69.50.360(3) by those age twenty-one and over is not violation of this chapter. Possession of medical marijuana in accordance with Chapter 69.50 or 69.51A RCW is not a violation of this chapter. Possession of marijuana pursuant to a license issued by the Washington State Liquor and Cannabis Control Board is not a violation of this chapter. (Res. 2021-42, 4/12/21).
7.34.050 Possession of less than forty grams of marijuana.
Except as listed in Section 7.34.040, knowing possession of less than forty grams of marijuana is a misdemeanor, punishable by not more than ninety days in jail and a fine of not more than one thousand dollars. (Res. 2021-42, 4/12/21).
7.34.060 Valid prescription.
It shall not be a violation of this chapter to possess a controlled substance pursuant to a lawfully issued prescription. A lawful prescription is an affirmative defense, provable by a preponderance of the evidence. (Res. 2021-42, 4/12/21).
7.34.070 Manufacture, distribution and dispensing according to law not prohibited.
It is not a violation of this chapter to possess controlled substances in accordance with state and federal law regarding the regulated manufacture, distribution or dispensing of controlled substances. (Res. 2021-42, 4/12/21).
7.34.080 Preemption.
In the event the Washington State Legislature passes a law preempting this chapter, this chapter shall cease to have effect on the same date the statute comes into effect. Any violation of this chapter that occurs prior to the preempting statute coming into effect may be prosecuted and punished pursuant to this chapter. (Res. 2021-42, 4/12/21).
7.34.090 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Res. 2021-42, 4/12/21).
7.34.100 Chapter cumulative.
The provisions of this chapter are not intended to repeal any other ordinance or statute involving the same subject matter. (Res. 2021-42, 4/12/21).
7.34.110 Effective date.
This chapter is necessary for the preservation of the public peace, health, or safety of the citizens of the county and takes effect April 23, 2021. (Res. 2021-42, 4/12/21).