LACEY MUNICIPAL CODE
A
Codification of the General Ordinances of the City of Lacey, Washington
Title
9: PUBLIC PEACE, SAFETY AND MORALS
Chapter 9.44
CONTROLLED SUBSTANCES[1]
Sections:
9.44.010 Definitions
9.44.020 Adoption of state statutes
9.44.030 Possession of marijuana
9.44.040 Use of drug paraphernalia
9.44.050 Law enforcement officers‑‑Procedures to be followed
9.44.060 Legend drugs‑‑Use restricted to licensed practitioners
9.44.070 Legend drugs‑‑Label requirement
9.44.080 Steroids‑‑Use restricted
9.44.090 Steroids‑‑Unlawful possession
9.44.100 Legend drugs and steroids‑‑Law enforcement procedures
9.44.110 Violation‑‑Penalty
9.44.120 Unlawful Inhalation
9.44.130 Medical Marijuana
9.44.140 Processing Requirements for Medical Marijuana
9.44.010 Definitions. As used in this chapter, the terms set forth in RCW Sections 69.41.010, 69.41.210, 69.41.300, 69.50.101, 69.50.102 and 69.51A.010 shall have the meanings set forth in said sections as now enacted or as may hereafter be amended by the Legislature. (Ord. 1335 §14, 2009; Ord. 910 §2 (part), 1991).
9.44.020 Adoption of state statutes.
A. Those certain schedules set forth in RCW 69.50.204 through 69.50.212, as the same exist or shall hereafter be amended either by action of the Legislature or by action of the State Board of Pharmacy as authorized in RCW 69.50.201 are hereby adopted by reference as part of this chapter.
B. Addition of medical conditions by the Washington state medical quality assurance commission and adoption of rules by the Washington state department of health as set forth in Revised Code of Washington 69.51A.070 through 69.51A.080 or by action of the Legislature or the appropriate state board or commission as authorized in the above mentioned statutes are hereby adopted by reference as part of this chapter. (Ord. 1335 §15, 2009; Ord. 910 §2 (part), 1991).
9.44.030 Possession of marijuana. Any person who possesses forty grams or less of marijuana shall be guilty of a misdemeanor. (Ord. 910 §2 (part), 1991).
9.44.040 Use of drug paraphernalia.
A. It is unlawful for any person 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. Any person who violates this subsection is guilty of a misdemeanor.
B. 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. Any person who violates this subsection is guilty of a misdemeanor.
C. Any person eighteen years of age or over who violates 9.44.040(B) 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.
D. 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 subsection is guilty of a misdemeanor. (Ord. 910 §2 (part), 1991).
9.44.050 Law enforcement officers‑‑ Procedures to be followed. All procedures to be followed by law enforcement officers in the enforcement of Sections 9.44.030 and 9.44.040 shall be in accordance with the requirements of RCW 69.50. (Ord. 910 §2 (part), 1991).
9.44.060 Legend drugs‑‑Use restricted to licensed practitioners. It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a commissioned medical or dental officer in the United States Armed Forces or public health service in the discharge of his or her official duties, a duly licensed physician or dentist employed by the Veterans Administration in the discharge of his or her official duties, a registered nurse under chapter 18.88 RCW when authorized by a board of nursing, an osteopathic physician assistant under chapter 18.57A RCW when authorized by the committee of osteopathic examiners, a physician’s assistant under chapter 18.71A RCW when authorized by the board of medical examiners, a physician licensed to practice medicine and surgery or a physician licensed to practice osteopathy and surgery, a dentist licensed to practice dentistry, a podiatric physician or surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine, in any province of Canada which shares a common border with the state of Washington or in any state of the United States; provided, however, that the above provisions shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his or her license, or to a common or contract carrier or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment; provided further, that nothing in this chapter or chapter 18.64 RCW shall prevent a family planning clinic that is under contract with the department of social and health services from selling, delivering, possessing, and dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners. Violation of this section involving possession shall be deemed a misdemeanor. (Ord. 910 §2 (part), 1991).
9.44.070 Legend drugs‑‑Label requirement. There shall be affixed to every box, bottle, jar, tube or other container of a legend drug, which is dispensed by a practitioner authorized to prescribe legend drugs, a label bearing the name of the prescriber, complete directions for use, the name of the drug either by the brand or generic name and strength per unit dose, name of patient and date; provided, that the practitioner may omit the name and dosage of the drug if he determines that his patient should not have this information and that, if the drug dispensed is a trial sample in its original package and which is labeled in accordance with federal law or regulation, there need be set forth additionally only the name of the issuing practitioner and the name of the patient. Violation of this section shall be deemed a misdemeanor. (Ord. 910 §2 (part), 1991).
9.44.080 Steroids‑‑Use restricted.
A. A practitioner shall not prescribe, administer, or dispense steroids, as defined in RCW 69.41.300, or any form of auto‑transfusion for the purpose of manipulating hormones to increase muscle mass, strength, or weight, or for the purpose of enhancing athletic ability, without a medical necessity to do so.
B. A practitioner shall complete and maintain patient medical records which accurately reflect the prescribing, administering, or dispensing of any substance or drug described in this section or any form of auto‑transfusion. Patient medical records shall indicate the diagnosis and purpose for which the substance, drug, or auto‑transfusion is prescribed, administered, or dispensed and any additional information upon which the diagnosis is based.
C. Any practitioner who violates this section is guilty of a gross misdemeanor. (Ord. 910 §2 (part), 1991).
9.44.090 Steroids‑‑Unlawful possession. A person who possesses under two hundred tablets or eight 2cc bottles of steroids without a valid prescription is guilty of a gross misdemeanor. (Ord. 910 §2 (part), 1991).
9.44.100 Legend drugs and steroids‑‑Law enforcement procedures. All procedures to be followed by law enforcement officers in the investigation and enforcement of Sections 9.44.060 through 9.44.090 of this chapter shall be in accordance with those procedures set forth in chapter 69.41 RCW. (Ord. 910 §2 (part), 1991).
9.44.110 Violation‑‑Penalty.
A. A person who is convicted of a gross misdemeanor under this chapter shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three hundred sixty‑five days or by both fine and imprisonment.
B. A person who is convicted of a misdemeanor under this chapter shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than ninety days or by both fine and imprisonment.
C. Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.
D. A person who is convicted of a misdemeanor or violates any provision of Sections 9.44.030 and 9.44.040 shall be punished by imprisonment for not less than twenty‑four consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to defendant’s physical or mental well‑being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.
E. If a juvenile thirteen years of age or older and under the age of twenty‑one is found by a court to have committed any offense that is a violation of this chapter or equivalent state law, the court shall notify the department of licensing within twenty‑four hours after entry of the judgment.
If the conviction is for the juvenile’s first violation of this chapter or chapters 66.44, 69.41 or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile’s second or subsequent violation of this chapter or chapters 66.44, 69.41 or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered. (Ord. 910 §2 (part), 1991).
9.44.120 Unlawful inhalation.
A. It is unlawful for any person to intentionally smell or inhale the fumes of any type of substance as defined in this section or to induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses of the nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes. This section does not apply to the inhalation of any anesthesia for medical or dental purposes.
B. No person may, for the purpose of violating subsection A., use, or possess for the purpose of so using, any substance containing a solvent having the property of releasing toxic vapors or fumes.
C. No person may sell, offer to see, deliver, or give to any other person any container of a substance containing a solvent having the property of releasing toxic vapors or fumes, if he has knowledge that the product sold, offered for sale, delivered, or given will be used for the purpose set forth in subsection A.
D. As used in this section, the phrase “substance containing a solvent having the property of releasing toxic vapors or fumes” shall mean and include any substance containing one or more of the following chemical compounds:
1. Acetone;
2. Amylacetate;
3. Benzol or benzene;
4. Butyl acetate;
5. Butyl alcohol;
6. Carbon tetrachloride;
7. Chloroform;
8. Cyclohexanone;
9. Ethanol or ethyl alcohol;
10. Ethyl acetate;
11. Hexane;
12. Isopropanol or isopropyl alcohol;
13. Isopropyl acetate;
14. Methyl “cellosolve” acetate;
15. Methyl ethyl ketone;
16. Methyl isobutyl ketone;
17. Toluol or toluene;
18. Trichloroethylene;
19. Tricresyl phosphate;
20. Xylol or xylene; or;
21. Any other solvent, material substance, chemical, or combination thereof, having the property of releasing toxic vapors.
E. Any person who violates this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more that one hundred dollars or by imprisonment for not more than thirty days, or by both. (Ord. 1001 §11, 1994).
9.44.130 Medical Marijuana.
A. It shall be a misdemeanor to use or display medical marijuana in a manner or place which is open to the view of the general public.
B. Nothing in this chapter requires any accommodation of any on-site medical use of marijuana in any place of employment, in any school bus or on any school grounds, in any youth center, in any correctional facility, or in any public place as that term is defined in Revised Code of Washington 70.160.020.
C. No person shall be entitled to claim the affirmative defense provided in Lacey Municipal Code 9.44.140 for engaging in the medical use of marijuana in a way that endangers the health or well-being of any person through the use of a motorized vehicle on a street, road, or highway. (Ord. 1335 §16, 2009).
9.44.140 Processing Requirements for Medical Marijuana.
A. If a law enforcement officer determines that marijuana is being possessed lawfully under the medical marijuana law, the officer may document the amount of marijuana, take a representative sample that is large enough to test, but not seize the marijuana. A law enforcement officer or agency shall not be held civilly liable for failure to seize marijuana in this circumstance.
B. If charged with a violation of state law relating to marijuana, any qualifying patient who is engaged in the medical use of marijuana, or any designated provider who assists a qualifying patient in the medical use of marijuana, will be deemed to have established an affirmative defense to such charges by proof of his or her compliance with the requirements provided in this chapter. Any person meeting the requirements appropriate to his or her status under this chapter shall be considered to have engaged in activities permitted by this chapter and shall not be penalized in any manner, or denied any right or privilege for such actions.
C. A qualifying patient, if eighteen years of age or older, or a designated provider shall:
1. Meet all the criteria for status as a qualifying patient or designated provider;
2. Possess no more marijuana than is necessary for the patient’s personal, medical use, not exceeding the amount necessary for a sixty-day supply;
3. Present his or her valid documentation to any law enforcement official who questions the patient or provider regarding his or her medical use of marijuana.
D. A qualifying patient, if under eighteen years of age at the time he or she is alleged to have committed the offense, shall demonstrate compliance with subsection C.1.3 of this section. However, any possession under subsection C.2 of this section, as well as any production, acquisition, and decision as to dosage and frequency of use, shall be the responsibility of the parent or legal guardian of the qualifying patient. (Ord. 1335 §17, 2009).
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Copyright 2009
City of Lacey, Washington, USA
All Rights Reserved