Chapter 9.45 DRUG AND ALCOHOL POSSESSION

Chapter 9.45
DRUG AND ALCOHOL POSSESSION¹

Sections:

9.45.010 Purpose.

9.45.020 Definitions.

9.45.070 Minor in possession of alcohol.

9.45.080 Expired.

9.45.090 Expired.

9.45.010 Purpose.

Substance abuse is taking an increasing toll on the health and safety of our community. The purpose of this chapter is to help those suffering from addiction find a path to treatment through our municipal court system, and to hold accountable those unwilling to seek treatment for the harm caused to our community. If an individual is charged with a crime under this chapter and they comply with their recommended substance use disorder treatment program, their criminal charge will be dismissed, and no conviction will result. If an individual fails to comply with their treatment program and they are later convicted of the charge after being found noncompliant by the court, they will still have the opportunity to have their conviction vacated if they comply with their recommended treatment program. The North Bend city council intends that incarceration be utilized as a sanction only when an individual fails to comply with their recommended treatment program or other conditions imposed by the court. (Ord. 1796 § 1 (Exh. A), 2023).

9.45.020 Definitions.

For purposes of this section, the following terms or words shall be interpreted as follows:

A. “Controlled substance” means any controlled substance classified in Schedule I, II, III, or IV of Chapter 69.50 RCW, excluding cannabis, as it now exists or shall hereafter be added to, deleted from, modified, or amended.

B. “Counterfeit controlled substance” means a controlled substance that is falsely labeled so as to appear to have been legitimately manufactured or distributed.

C. “Drug paraphernalia” has the same meaning as provided for in RCW 69.50.102, which statute is adopted by this reference, as currently enacted and hereafter amended or recodified from time to time.

D. “Legend drug” means any drug which is required by state law or regulation of the pharmacy quality assurance commission to be dispensed on prescription only or is restricted to use by practitioners only.

E. “Public place” means an area generally visible to public view and includes without limitation any place where the public has a right of access, which includes without limitation sidewalks, parking lots and parking garages, streets, alleys, highways, or roads; public buildings and grounds, including schools, parks, playgrounds, and meeting halls; establishments to which the public is invited including restaurants, theaters, stores, gas stations, meeting halls, lobbies, halls and dining rooms of hotels, bars, taverns, pubs, or establishments where beer or soft drinks may be sold, and their associated parking lots, parking structures, walkways, doorways, and entrances; railroad trains, light rail facilities, buses, and other public conveyances of all kinds and character, and their associated stations and platforms used in conjunction therewith which are open to unrestricted use and access by the public; and all other places of like or similar nature.

F. “Use” means actual use, or a substantial step taken that evidences an intent to inject, ingest, inhale, or otherwise introduce a controlled substance into the human body. (Ord. 1796 § 1 (Exh. A), 2023).