Chapter 9.48
CONTROLLED SUBSTANCES

Sections:

9.48.010    Uniform Controlled Substances Act – Statutes adopted by reference.

9.48.015    Offenses and penalties – Statutes adopted by reference.

9.48.020    Legend drugs – Prescription drugs – Statutes adopted by reference.

9.48.023    Use of steroids – Statutes adopted by reference.

9.48.025    Precursor drugs – Statutes adopted by reference.

9.48.027    Inhaling toxic fumes – Statutes adopted by reference.

9.48.030    Prohibition against being under the influence of drugs.

9.48.040    Possession of devices for injecting drugs – Prohibited – Exception.

9.48.050    Use of premises by users of controlled substances unlawful.

9.48.060    Abatement of nuisance places – Procedure.

9.48.070    Entering place where controlled substance is kept unlawful.

9.48.080    Search warrant – Issuance when – Seizure of goods and property.

9.48.090    Imitation controlled substances – Statutes adopted by reference.

9.48.100    Poisons – Statutes adopted by reference.

9.48.110    Enforcement and administrative provisions – Statutes adopted by reference.

9.48.120    Medical marijuana – Statutes adopted by reference.

9.48.010 Uniform Controlled Substances Act – Statutes adopted by reference.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 69.50 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

    

69.50.101    Definitions.

    

69.50.102    Drug paraphernalia – Definitions.

    

69.50.202    Nomenclature.

    

69.50.204    Schedule I.

    

69.50.206    Schedule II.

    

69.50.208    Schedule III.

    

69.50.210    Schedule IV.

    

69.50.212    Schedule V.

    

69.50.302    Registration requirements.

    

69.50.308    Prescriptions.

    

69.50.309    Containers.

(Ord. 1406 § 1, 2006; Ord. 916 § 1, 1988; Ord. 899 § 1, 1988).

9.48.015 Offenses and penalties – Statutes adopted by reference.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 69.50 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

    

69.50.401    Prohibited acts: A – Penalties.

    

69.50.4013    Possession of controlled substance – Penalty – Possession of useable cannabis, cannabis concentrates, or cannabis-infused products – Delivery.

    

69.50.4014    Possession of 40 grams or less of cannabis – Penalty.

    

69.50.4017    Alternatives to prosecution – Pretrial diversion.

    

69.50.4018    Sentencing considerations.

    

69.50.404    Penalties under other laws.

    

69.50.407    Conspiracy.

    

69.50.408    Second or subsequent offenses.

    

69.50.412    Prohibited acts: E – Penalties (includes drug paraphernalia).

    

69.50.4121    Drug paraphernalia – Selling – Penalty.

    

69.50.435    Violations committed in or on certain public places or facilities – Additional penalty – Defenses – Constructions – Definitions.

(Ord. 1721 § 1, 2024; Ord. 1406 § 2, 2006).

9.48.020 Legend drugs – Prescription drugs – Statutes adopted by reference.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 69.41 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

    

69.41.010    Definitions.

    

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.

    

69.41.050    Labeling requirements – Penalty.

    

69.41.060    Search and seizure.

    

69.41.072    Violations of Chapter 69.50 RCW not to be charged under Chapter 69.41 RCW – Exception.

    

69.41.110    Definitions.

    

69.41.170    Coercion of pharmacist prohibited.

(Ord. 1406 § 3, 2006; Ord. 899 § 2, 1988).

9.48.023 Use of steroids – Statutes adopted by reference.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 69.41 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

    

69.41.300    Definitions.

    

69.41.320    Practitioners – Restricted use – Medical records.

    

69.41.340    Student athletes – Violations – Penalty.

    

69.41.350    Penalties.

(Ord. 1406 § 4, 2006).

9.48.025 Precursor drugs – Statutes adopted by reference.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 69.43 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

    

69.43.010    Report to state board of pharmacy – List of substances.

    

69.43.020    Receipt of substance from source outside of state.

    

69.43.030    Exemptions.

    

69.43.035    Suspicious transactions – Report – Penalty.

    

69.43.040    Reporting form.

    

69.43.043    Recordkeeping requirements – Penalty.

    

69.43.048    Reporting and recordkeeping requirements.

    

69.43.090    Permit to sell, transfer, furnish, or receive substance – Exemptions – Application for permit – Fee – Renewal – Penalty.

    

69.43.105    Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Exceptions – Penalty.

    

69.43.110    Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Penalty.

    

69.43.120    Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than 15 grams – Penalty – Exceptions.

    

69.43.130    Exemptions – Pediatric products.

(Ord. 1406 § 5, 2006).

9.48.027 Inhaling toxic fumes – Statutes adopted by reference.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 9.47A RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

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. 1406 § 6, 2006).

9.48.030 Prohibition against being under the influence of drugs.

It is unlawful for any person to be under the influence of any drug or other controlled substance as defined or scheduled in Chapter 69.50 RCW in any private premises or house to the annoyance of any individual, or in a public place, in a vehicle in or on a public place, or in a place open to the public view or to which the public has access. For the purpose of this section, an individual is “under the influence” of a drug or other controlled substance when any of his normal facilities are substantially affected or impaired as a result of the use of such drug or other controlled substance. (Ord. 899 § 3, 1988).

9.48.040 Possession of devices for injecting drugs – Prohibited – Exception.

It is unlawful for any person to possess any hypodermic needle, syringe or other similar device which may be adopted or used for injecting drugs or other controlled substances by subcutaneous or intracutaneous injection into the body unless such possession is authorized for medical or physical treatment by a licensed medical doctor or osteopathic physician; provided, however, that the provisions contained in this section shall not apply to manufacturer, jobbers, licensed medical technicians, hospitals, nursing homes, technologists, nurses, laboratories, research teaching institutes, medical doctors, osteopathic physicians, dentists, veterinarians, pharmacists, embalmers, drug stores and drug distributors selling or using such devices in the ordinary and legal course of their respective business, trades or professions. (Ord. 899 § 4, 1988).

9.48.050 Use of premises by users of controlled substances unlawful.

It is unlawful for any person, firm, corporation or agent, holding, leasing, renting, occupying or having charge and control of, any building, structure or premises, or room or rooms therein, to permit the same to be used as a place or resort for persons known to be users of drugs or other controlled substances; or to permit therein the unlawful sale, attempted sale, gift or distribution of drugs or other controlled substances; and any such place, or any place which is a resort for users of drugs or other controlled substances is a public nuisance and may be abated as such in the manner provided by FMC 9.48.060. (Ord. 899 § 5, 1988).

9.48.060 Abatement of nuisance places – Procedure.

Any building, structure, premises or room or rooms therein, constituting a nuisance as defined in this chapter may be abated in a civil action in the manner provided by law; or the court upon final judgment of conviction for violation of this chapter of any person found therein at the time of his arrest may forthwith, and as part of the same proceeding direct the chief of police to abate summarily any such place as a nuisance as defined by this chapter. Such abatement shall be effected by closing and securely locking the place abated and excluding all persons therefrom. It is unlawful for any owner, agent, lessee, tenant, person in charge or occupant to enter, use or occupy any building, structure or premises, or room or rooms therein, abated as a nuisance under the provisions of this chapter, from and for a period of one year after the date of such abatement, unless he as principal shall theretofore give and file with the city clerk-treasurer a good and sufficient surety bond, to be approved by the court making the order of abatement, or in case of summary abatement to be approved by the chief of police, in the penal sum of $500.00, payable to the city, conditioned that such building, structure or premises, or room or rooms therein, will not thereafter be used in violation of this chapter; and in case of the violation of any of the conditions of such bond, the whole amount may be recovered against him as a penalty. (Ord. 899 § 6, 1988).

9.48.070 Entering place where controlled substance is kept unlawful.

It is unlawful for anyone, one lawfully authorized, to frequent, enter, be in, or be found in, any place where drugs or other controlled substances or their derivatives are unlawfully used, kept or disposed of. (Ord. 899 § 7, 1988).

9.48.080 Search warrant – Issuance when – Seizure of goods and property.

If, upon the sworn complaint of any person, it is made to appear to any judge of any court of competent jurisdiction in the matter that there is probable cause to believe that any drug or other controlled substance is being used, manufactured, sold, offered for sale, bartered, exchanged, administered, dispensed, delivered, distributed, produced, knowingly possessed, given away, furnished or otherwise disposed of, or kept in violation of the provisions of this chapter, such judge shall issue a warrant directed to the Fircrest chief of police; or any police officer in the Fircrest police department, commanding them to search the premises designated and described in such complaint and warrant, and to seize all drugs or other controlled substances there found, together with the vessels in which they are contained, and all implements, furniture and fixtures used or kept for the illegal manufacture, sale, barter, exchange, administering, dispensing, delivering, distributing, producing, possessing, giving away, furnishing or otherwise disposing of such. (Ord. 1721 § 2, 2024; Ord. 899 § 8, 1988).

9.48.090 Imitation controlled substances – Statutes adopted by reference.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 69.52 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

    

69.52.020    Definitions.

    

69.52.040    Seizure of contraband.

(Ord. 1406 § 9, 2006; Ord. 899 § 9, 1988).

9.48.100 Poisons – Statutes adopted by reference.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapters 69.38 and 69.40 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

    

69.38.010    Poison defined.

    

69.38.020    Exceptions from chapter.

    

69.38.030    Poison register – Identification of purchaser.

    

69.38.040    Poison register – Penalty for failure to maintain register.

    

69.38.050    False representations – Penalty.

    

69.38.060    Manufacturers and sellers of poisons – License required – Penalty.

    

69.40.055    Selling repackaged poison without labeling – Penalty.

(Ord. 1406 § 7, 2006).

9.48.110 Enforcement and administrative provisions – Statutes adopted by reference.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 69.50 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

    

69.50.500    Powers of enforcement personnel.

    

69.50.505    Seizure and forfeiture.

    

69.50.506    Burden of proof; liabilities.

    

69.50.509    Search and seizure of controlled substances.

(Ord. 1406 § 8, 2006).

9.48.120 Medical marijuana – Statutes adopted by reference.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 69.51A RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

    

69.51A.010    Definitions.

    

69.51A.030    Physicians excepted from state’s criminal laws.

    

69.51A.040    Qualifying patients’ affirmative defense.

    

69.51A.050    Medical marijuana, lawful. possession – State not liable.

    

69.51A.060    Crimes – Limitations of chapter.

(Ord. 1406 § 10, 2006).