Chapter 9.28
CONTROLLED SUBSTANCES
AND DRUGS
Sections
9.28.010 State statutes adopted by reference.
9.28.020 Inhaling toxic fumes.
9.28.040 Legend and prescription drugs.
9.28.050 Repealed.
9.28.060 Repealed.
9.28.070 Repealed.
9.28.090 Drug paraphernalia – Selling or giving – Penalty.
9.28.100 Loitering with the intent of engaging in drug-related activity – Penalty.
9.28.110 Stay out of drug areas (SODA) orders – Violation.
9.28.010 State statutes adopted by reference.
The following state statutes, as presently constituted or as may be subsequently amended, are adopted by reference and are applicable within the City:
RCW
69.50.101 Definitions.
69.50.102 Drug paraphernalia – Definitions.
69.50.309 Containers.
69.50.4014 Possession of forty grams or less of marijuana – Penalty.
69.50.404 Penalties under other laws.
69.50.405 Bar to prosecution.
69.50.412 Prohibited acts: E – Penalties.
69.50.425 Misdemeanor violations – Minimum penalties.
69.50.445 Opening package of or consuming package containing marijuana, useable marijuana, or marijuana-infused product in view of general public – Penalty.
69.50.505 Seizure and forfeiture.
69.50.506 Burden of proof; liabilities.
69.50.509 Search and seizure of controlled substances.
69.50.510 Search and seizure at rental premises – Notification of landlord.
[Ord. 1604 § 17, 2014: Ord. 1570 § 1, 2013: Ord. 1364 § 4, 2005: Ord. 1036 § 23, 1993.]
9.28.020 Inhaling toxic fumes.
The following state statutes are adopted by reference and are applicable within the city:
RCW
9.47A.010 Definition.
9.47A.020 Unlawful inhalation – Exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty.
[Ord. 1036 § 24, 1993.]
9.28.030 Poisons.
The following state statutes are adopted by reference and are applicable within the city:
RCW
69.38.010 “Poison” defined.
69.38.020 Exemptions from chapter.
69.38.030 Poison register – Identification of purchaser.
69.38.040 Inspection of poison register – Penalty for failure to maintain register.
69.38.050 False representation – Penalty.
69.38.060 Manufacturers and sellers of poisons – License required – Penalty.
[Ord. 1036 § 25, 1993.]
9.28.040 Legend and prescription drugs.
The following state statutes, as presently constituted or as may be subsequently amended, are adopted by reference and are applicable within the City:
RCW
69.41.010 Definitions.
69.41.020 Prohibited acts – Information not privileged communication.
69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions – Penalty.
69.41.032 Prescription of legend drugs by dialysis programs.
69.41.040 Prescription requirements – Penalty.
69.41.042 Record requirements.
69.41.044 Confidentiality.
69.41.050 Labeling requirements – Penalty.
69.41.060 Search and seizure.
69.41.062 Search and seizure at rental premises – Notification of landlord.
69.41.065 Violations – Juvenile driving privileges.
69.41.075 Rules – Availability of lists of drugs.
69.41.080 Animal control – Rules for possession and use of legend drugs.
69.41.300 Definitions.
69.41.320 Practitioners – Restricted use – Medical records.
69.41.350 Penalties.
[Ord. 1604 § 18, 2014: Ord. 1364 § 5, 2005: Ord. 1036 § 26, 1993.]
9.28.050 Drug paraphernalia – Possession prohibited.
Repealed by Ord. 1364. [Ord. 1299 § 2, 2002.]
9.28.060 Drug paraphernalia – Defined.
Repealed by Ord. 1364. [Ord. 1299 § 3, 2002.]
9.28.070 Drug paraphernalia – Penalties for possession.
Repealed by Ord. 1364. [Ord. 1299 § 4, 2002.]
9.28.080 Precursor drugs.
The following state statutes, as presently constituted or as may be subsequently amended, are adopted by reference and applicable within the City:
RCW
69.43.010 Report to quality pharmacy assurance commission – List of substances – Modification of list – Identification of purchasers – Report of transactions – Penalties.
69.43.020 Receipt of substance from source outside state – Report – Penalty.
69.43.030 Exemptions.
69.43.035 Suspicious transactions – Report – Penalty.
69.43.043 Recordkeeping requirements – Penalty.
69.43.090 Permit to sell, transfer, furnish or receive substance – Exemptions – Application for permit – Fee – Renewal – Penalty.
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Electronic sales tracking system – Penalty.
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions.
[Ord. 1604 § 19, 2014: Ord. 1364 § 6, 2005.]
9.28.090 Drug paraphernalia – Selling or giving – Penalty.
(1) RCW 69.50.4121, as presently constituted or as may be subsequently amended, is adopted by reference and is applicable within the city, except that any references therein to chapter 7.80 RCW shall instead be a reference to chapter 1.24 DMMC.
(2) A person found to have committed a violation of this section is guilty of a class 1 civil infraction and shall be assessed a monetary penalty in accordance with DMMC 1.24.190. [Ord. 1364 § 7, 2005.]
9.28.100 Loitering with the intent of engaging in drug-related activity – Penalty.
(1) It is unlawful for a person to loiter in or near a public or private place in a manner and under circumstances manifesting the intent to engage in drug-related activity contrary to the provisions of chapters 69.41, 69.50, or 69.52 RCW.
(2) Among the circumstances which may be considered in determining whether such intent is manifested are:
(a) Such person is a known unlawful drug user, possessor, or seller. For purposes of this chapter, a “known unlawful drug user, possessor, or seller” is a person who, within the past 10 years, has been convicted in any court within this state of any violation involving the use, possession, or sale of any of the substances referred to in chapters 69.41, 69.50, and 69.52 RCW, or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or a person who possesses drug paraphernalia as defined in this chapter;
(b) Such person is currently subject to an order prohibiting his or her presence in a high drug activity geographic area;
(c) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including, by way of example only, such person acting as a “lookout”;
(d) Such person is physically identified by the officer as a member of a “gang,” or association which has as its purpose illegal drug activity;
(e) Such person transfers small objects or packages for currency in a furtive fashion;
(f) Such person takes flight upon the appearance of a police officer;
(g) Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;
(h) The area involved is by public repute known to be an area of unlawful drug use and trafficking;
(i) The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to chapter 69.52 RCW;
(j) The vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.
(3) A person who violates the provisions of this section is guilty of a misdemeanor. [Ord. 1421 § 1, 2007: Ord. 1364 § 8, 2005.]
9.28.110 Stay out of drug areas (SODA) orders – Violation.
(1) That area of the city of Des Moines between the westerly side of Pacific Highway South and the city’s easterly border at Interstate 5 and between the northerly side of South 216th Street and the southerly side of South 224th Street is designated and identified as an anti-drug activity emphasis area based on the repeat incidents of narcotics-related activities occurring therein and additional penalties may be applied in the event of conviction of city or state laws within said area.
(2) Additional anti-drug activity emphasis areas may be identified by the city council in an ordinance passed after consultation with the city manager, city attorney, and the police chief, and the list identifying such areas shall be kept on file in the office of the city clerk.
(3) Stay out of drug areas orders, hereafter known as “SODA orders,” may be issued by the Des Moines Municipal Court pursuant to a stipulated order of continuance agreement or as a condition or term of sentence, deferral, or suspension to any person convicted of prohibited narcotics-related offenses contrary to any provision of the DMMC or the RCW.
(4) A person is deemed to have notice of the SODA order when:
(a) The signature of the person prohibited in the order is affixed to the bottom of the order, acknowledging receipt of the order; or
(b) The order otherwise indicates that either the person or the person’s attorney appeared before the court.
(5) The SODA order shall be in writing and shall bear the following language: “Violation of this court order is a criminal offense under DMMC 9.28.110 and will subject the violator to arrest.”
(6) If a law enforcement officer has probable cause to believe that a person subject to the conditions of a SODA order is violating or failing to comply with any requirement or restriction imposed by the court, such person may be apprehended and arrested without the necessity for any warrant or additional court order.
(7) A violation of a SODA order shall constitute a misdemeanor. [Ord. 1422 § 2, 2007.]