Chapter 9.01
CONTROLLED SUBSTANCES
Sections:
9.01.010 Construction, severability, and geographic scope.
9.01.020 Adoption by reference.
9.01.010 Construction, severability, and geographic scope.
A. This chapter is intended to criminalize conduct criminalized under state law, with constitutionally required mens rea.
B. If any penalty specified in this chapter is deemed to be out of conformity with RCW 69.50.608 such that is preempted, the penalty shall be adjusted to be in conformity with RCW 69.50.608. In such case, an interpreting court shall construe this chapter to continue to have full force and effect except insofar as the maximum penalties have been increased or reduced, as the case may be.
C. If any provision of this chapter is deemed unconstitutional or contrary to law, it shall be severed, and the rest of this chapter shall continue in full force and effect.
D. This chapter shall apply to all unincorporated portions of Columbia County. This chapter shall also apply to all incorporated portions of Columbia County; however, the governing body of any incorporated municipality within Columbia County may remove the municipality from the effect of this chapter by (1) duly passing a resolution declaring this chapter to have no effect in such municipality and (2) delivering a certified copy of the resolution to the Columbia County board of county commissioners. Upon delivery as set forth herein, this chapter shall cease to have any force and effect within the boundaries of such incorporated municipality. [Ord. 2021-03 § 1.]
9.01.020 Adoption by reference.
Columbia County adopts the following provisions of the Revised Code of Washington, as now enacted and hereinafter amended by the legislature, by reference:
RCW 69.50.101, 69.50.102, 69.50.202, 69.50.203, 69.50.204, 69.50.205, 69.50.206, 69.50.207, 69.50.208, 69.50.209, 69.50.210, 69.50.211, 69.50.212, 69.50.214, and 69.50.309. [Ord. 2021-03 § 1.]
9.01.030 Possession of controlled substances – Penalties – Possession of usable marijuana by persons under the age of 21 years – Penalty.
A. It is unlawful for any person knowingly to possess a controlled substance (as defined in RCW 69.50.101) 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, or except as otherwise authorized by this chapter.
B. Except as provided in subsections (C), (E), and (F) of this section, any person who violates this section is guilty of a gross misdemeanor, punishable consistent with RCW 9A.20.021(2) by a maximum fine of $5,000 and up to 364 days in the county jail.
C. The possession, by a person 21 years of age or older, of useable marijuana, marijuana concentrates, or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this chapter.
D. No person under 21 years of age may knowingly possess, manufacture, sell, or distribute marijuana, marijuana-infused products, or marijuana concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
E. The possession by a qualifying patient or designated provider of marijuana concentrates, useable marijuana, marijuana-infused products, or plants in accordance with Chapter 69.51A RCW is not a violation of this chapter.
F. It is unlawful for any person to knowingly possess a controlled substance in violation of RCW 69.50.309. It is an affirmative defense to this subsection that the person possessed the controlled substance pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice. [Ord. 2021-03 § 1.]
9.01.040 Costs of monitoring terms of suspended sentence – Columbia County drug penalty assessment authorized.
A. Upon conviction of a violation of this chapter, the court may assess costs of $250.00 per year of suspended sentence in cases where controlled substance and/or mental health treatment are ordered to cover costs of court monitoring of compliance. Such assessment shall be paid into the district court’s current expense fund and used to defray costs of monitoring.
B. Upon a first conviction of a violation of this chapter, the court shall impose a penalty of no less than $150.00 to be paid into the Columbia County sheriff’s revenue from judgment fund for use of the Columbia County sheriff’s office.
C. Upon a second or subsequent conviction of a violation of this chapter, the court shall impose a penalty of no less than $500.00 to be paid into the Columbia County sheriff’s revenue from judgment fund for use of the Columbia County sheriff’s office. [Ord. 2021-03 § 1.]