Chapter 9.44
CONTROLLED SUBSTANCE
Sections:
9.44.010 Statutes incorporated by reference.
9.44.010 Statutes incorporated by reference.
RCW 9.47A.010 Glue sniffing definition.
RCW 9.47A.020 Unlawful inhalation of glue—Exception.
RCW 9.47A.030 Unlawful possession of certain glue.
RCW 9.47A.040 Unlawful sale of glue.
RCW 9.47A.050 Glue sniffing penalty.
RCW 69.38.010 Poison defined.
RCW 69.38.020 Exemptions.
RCW 69.38.030 Poison register.
RCW 69.38.040 Poison register—Penalty.
RCW 69.38.060 Sale—License required—Penalty.
RCW 69.41.070(7) and (8a) Penalties—Steroid use.
RCW 69.41.300 Definitions.
RCW 69.41.320 Practitioners—Restricted use—Medical records.
RCW 69.50.101 Definitions.
RCW 69.50.102 Paraphernalia.
RCW 69.50.201 Authority to change schedules of controlled substances.
RCW 69.50.202 Nomenclature.
RCW 69.50.204 Schedule I marijuana defined as a controlled substance.
RCW 69.50.309 Containers.
RCW 69.50.401(e) Prohibited acts, possession of forty grams or less of marijuana prohibited—Penalties.
RCW 69.50.412 Prohibited acts: E—Penalties.
RCW 69.50.420 Juvenile driving privileges.
RCW 69.50.425 Minimum penalties.
RCW 69.50.505 Forfeiture of controlled substances, and equipment and vehicles associated therewith.
RCW 69.50.506 Burden of proof—Liabilities.
RCW 69.50.509 Search and seizure of controlled substances.
RCW 69.50.4013 Possession of controlled substance—Penalty—Possession of useable marijuana, marijuana concentrates, or marijuana-infused products—Delivery.
(Ord. 1415 § 2, 2018: Ord. 708 § 27, 1991: Ord. 398 § 22.01, 1982)
9.44.020 Violation—Penalty.
A. Any person who violates RCW 69.50.401 and the violation occurs in a drug-free zone which shall include the area in a school, or on a school bus when being utilized to transport students, or that area within one thousand feet of the perimeter of the school grounds, or in a public park, may be punished by a fine of up to twice the fine otherwise authorized by this code or by Chapter 69.50 RCW or by imprisonment of up to twice the imprisonment otherwise authorized by this code or Chapter 69.50 RCW, 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 Chapter 69.50 RCW for an offense.
B. It is not a defense to a prosecution for a violation of this section that a person was unaware that the prohibited conduct took place while in a drug-free zone.
C. It is not a defense to a prosecution for a violation of this section that persons under the age of eighteen were not present in the drug-free zone at the time of the offense or that the 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 defined in RCW 69.50.401(A) for profit. The affirmative defense established by 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 or Chapter 69.50 RCW.
E. In a prosecution under this section, a map produced or reproduced by the city for the purpose of depicting the location and boundaries of the drug-free zones 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 the drug-free zones if the city has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the drug-free zones. 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 city 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. “Drug-free zones” means the area in a school or on a school bus, or within one thousand feet of the perimeter of any school grounds or in a public park.
2. “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.
3. “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.
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. (Ord. 709 § 1, 1991)