Chapter 10.35
DRUG PARAPHERNALIA AND MARIJUANA
Sections:
10.35.010 Repealed.
10.35.020 Possession of drug paraphernalia.
10.35.030 Manufacture or delivery of drug paraphernalia.
10.35.040 Delivery of drug paraphernalia to a minor.
10.35.050 Advertisement of drug paraphernalia.
10.35.055 Selling or giving drug paraphernalia to another person.
10.35.060 Possession of marijuana.
10.35.070 Penalties under other laws.
10.35.080 Repealed.
10.35.100 Drug-free zones—Violations.
10.35.010 Drug paraphernalia—Definitions.
Repealed by Ord. 3310-13. (Ord. 1653-89 §§ 1, 9 (part), 1989)
10.35.020 Possession of drug paraphernalia.
A. It is unlawful for any person to use, or possess with intent to use, drug paraphernalia 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 section is guilty of a misdemeanor.
B. Nothing in subsection A of this section prohibits any person over the age of eighteen from possessing sterile hypodermic syringes and needles for the purpose of reducing bloodborne diseases. (Ord. 3310-13 § 11, 2013: Ord. 2622-02 § 1, 2002: Ord. 1653-89 §§ 2, 9 (part), 1989)
10.35.030 Manufacture or delivery of drug paraphernalia.
A. 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 section is guilty of a misdemeanor.
B. Nothing in subsection A of this section prohibits any person over the age of eighteen from possessing sterile hypodermic syringes and needles for the purpose of reducing bloodborne diseases. (Ord. 3310-13 § 12, 2013: Ord. 2622-02 § 2, 2002: Ord. 1653-89 §§ 3, 9 (part), 1989)
10.35.040 Delivery of drug paraphernalia to a minor.
A. Any person eighteen years of age or over who violates Section 10.35.030 of this chapter 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.
B. Nothing in subsection A of this section prohibits any person over the age of eighteen from possessing sterile hypodermic syringes and needles for the purpose of reducing bloodborne diseases. (Ord. 2622-02 § 3, 2002: Ord. 1653-89 §§ 4, 9 (part), 1989)
10.35.050 Advertisement of drug paraphernalia.
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 or intended for use as drug paraphernalia. Any person who violates this section is guilty of a misdemeanor. (Ord. 1653-89 §§ 5, 9 (part), 1989)
10.35.055 Selling or giving drug paraphernalia to another person.
A. Every person who sells or gives, or permits to be sold or given, to any person any drug paraphernalia in any form commits a civil infraction punishable by a fine of not more than five hundred dollars.
B. For purposes of this section, “drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance other than marijuana. Drug paraphernalia includes, but is not limited to, objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing cocaine into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Miniature cocaine spoons, and cocaine vials;
6. Chamber pipes;
7. Carburetor pipes;
8. Electric pipes;
9. Air-driven pipes; and
10. Ice pipes or chillers.
C. It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
D. Nothing in subsection A of this section prohibits legal distribution of injection syringe equipment through public health and community-based HIV prevention programs, and pharmacies. (Ord. 3310-13 § 13, 2013: Ord. 2622-02 § 4, 2002: Ord. 2318-98 § 1, 1998)
10.35.060 Possession of marijuana.
A. Any person who possesses forty grams or less of marijuana shall be a guilty of a misdemeanor.
B. Subsection A of this section shall not apply to or affect the following: the possession, by a person twenty-one years of age or older, of useable marijuana or marijuana-infused products in amounts that do not exceed those set forth in subsection C of this section.
C. The amounts of useable marijuana or marijuana-infused products applicable to this section are:
1. One ounce of useable marijuana;
2. Sixteen ounces of marijuana-infused product in solid form;
3. Seventy-two ounces of marijuana-infused product in liquid form. (Ord. 3310-13 § 14, 2013: Ord. 1653-89 §§ 6, 9 (part), 1989)
10.35.070 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. 1653-89 §§ 7, 9 (part), 1989)
10.35.080 Misdemeanor violations—Penalties.
Repealed by Ord. 3490-16. (Ord. 1653-89 §§ 8, 9 (part), 1989)
10.35.100 Drug-free zones—Violations.
A. Any person who violates Section 10.35.020 by using or possessing drug paraphernalia, or who violates Section 10.35.030 by delivering, possessing with intent to deliver, or manufacturing with intent to deliver drug paraphernalia, or who violates Section 10.35.060 by possessing marijuana, and the violation occurs in a school, on a school bus, within one thousand feet of a school bus route stop designated by the school district, within one thousand 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 may be punished by a fine of up to twice the fine otherwise authorized by this chapter, or by imprisonment of up to twice the imprisonment otherwise authorized by this chapter, 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 this chapter for an offense.
B. 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 one thousand 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.
C. 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 eighteen 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.
D. 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 eighteen years of age or younger 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.
E. In a prosecution under this section, a map produced or reproduced by any municipal, school district, transit authority engineer, or public housing authority for the purpose of depicting the location and boundaries of the area on or within one thousand 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 one thousand 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.
F. As used in this section, the following terms have the meanings indicated unless the context clearly requires otherwise:
1. “School” has the meaning under RCW 28A.150.010 or 28A.150.020. The term “school” also includes a private school approved under RCW 28A.195.010;
2. “School bus” means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system;
3. “School bus route stop” means a school bus stop as designated by a school district;
4. “Public park” means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government;
5. “Public transit vehicle” means any motor vehicle, street car, train, trolley vehicle or any other device, vessel or vehicle which is owned or operated by a transit authority and which is used for the purpose of carrying passengers on a regular schedule;
6. “Transit authority” means a city, county or state transportation system, transportation authority, public transportation benefit area, public transit authority or metropolitan municipal corporation within the state that operates public transit vehicles;
7. “Stop shelter” means a passenger shelter designated by a transit authority;
8. “Public housing project” means the same as “housing project” as defined in RCW 35.82.020. (Ord. 2238-97 § 1, 1997: Ord. 1775-91 § 1, 1991)
10.35.110 Marijuana—Opening or consuming in view of the general public—Failure to respond—Failure to comply.
A. It is unlawful to open a package containing marijuana, useable marijuana, or a marijuana-infused product, or consume marijuana, useable marijuana, or a marijuana-infused product, in view of the general public. A person who violates this section is guilty of a civil infraction and shall be penalized in accordance with the penalty schedule for class 3 civil infractions under Chapter 7.80 RCW.
B. Any person who, after receiving a statement of the options provided in Chapter 7.80 RCW for responding to the notice of civil infraction and the procedures necessary to exercise these options, fails to exercise one of the options in a timely manner is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A notice of civil infraction may be complied with by an appearance by counsel.
C. A person who willfully fails to pay a monetary penalty or to perform community restitution as required by a court under this chapter may be found in contempt of court as provided in Chapter 7.21 RCW. (Ord. 3310-13 § 15, 2013)