Chapter 10.35
SYNTHETIC CANNABINOIDS
Sections:
10.35.020 Violation – Misdemeanor.
10.35.030 Penalties under other laws.
10.35.040 Misdemeanor violations – Penalties.
10.35.010 Definitions.
“Spice,” “K2,” or “synthetic cannabinoid” shall mean any chemical, drug or compound designed to create a marijuana-like effect. [Ord. 1482 § 1, 2011.]
10.35.020 Violation – Misdemeanor.
Any person who possesses Spice, K2 or any synthetic cannabinoids shall be guilty of a misdemeanor. [Ord. 1482 § 1, 2011.]
10.35.030 Penalties under other laws.
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [Ord. 1482 § 1, 2011.]
10.35.040 Misdemeanor violations – Penalties.
A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for not less than 24 consecutive hours and not more than 90 days, and by a fine of not less than $250.00 and not more than $2,000. These fines shall be in addition to any other fine or penalty imposed by state law. 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 or 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 reason 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. 1482 § 1, 2011.]
10.35.050 Drug-free zone.
(1) Any person who violates this chapter by possessing with intent to deliver Spice, K2 or any synthetic cannabinoid, and the violation occurs in a school, on a school bus, within 1,000 feet of a school bus route stop designated by the school district, within 1,000 feet of the perimeter of the school grounds, in a public park, in a public housing project designated as a drug-free zone, on a public transit vehicle or in a public transit stop shelter shall be punished by a fine of not less than $500.00 and by imprisonment of not less than 48 hours, none of which shall be deferred or suspended. The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by this chapter for an offense.
(2) It is not a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place while in a school or school bus or within 1,000 feet of the school or school bus route stop, in a public park, in a public housing project designated as a drug-free zone, on a public transit vehicle, or in a public transit stop shelter.
(3) It is not a defense to a prosecution for a violation of this section or any other prosecution under this chapter that persons under the age of 18 were not present in the school, the school bus, the public park, the public housing project designated as a drug-free zone, or the public transit vehicle or at the school bus route stop or the public transit vehicle stop shelter at the time of the offense or that school was not in session.
(4) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under 18 years of age was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling or possessing with the intent to manufacture, sell or deliver any controlled substance in RCW 69.50.401(a) for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.
(5) In a prosecution under this section, a map produced or reproduced by any municipality, school district, transit authority engineer, or public housing authority for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of any property used for a school, school bus route stop, public park, public housing project designated as a drug-free zone, or public transit vehicle stop shelter, or a true copy of such a map, shall under proper authentication be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district or transit authority has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within 1,000 feet of the school, school bus route stop, public park, public housing project designated as a drug-free zone, or public transit vehicle stop shelter. Any map approved under this section or a true copy of the map shall be filed with the clerk of the city and shall be maintained as an official record of the city. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram other than the one which has been approved by the governing body of a municipality, school district, transit authority or public housing authority if the map or diagram is otherwise admissible under court rule. [Ord. 1482 § 1, 2011.]