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HomeMy WebLinkAboutOrdinance 21-060-CCBOARD OF COUNTY COMMISSIONERS .Grant County, Washington ORDINANCE RESCINDING ORDINANCE No. 21. 0 � 0 -CC ORDINANCE NO. 21 -020 -CC AND NO. 21 -029 -CC AND REPEALING CH. 6.46 OF THE GRANT COUNTY CODE TITLED "CONTROLLED SUBSTANCES" BANNING KNOWING POSSESSION OF UNLAWFUL CONTROLLED SUBSTANCES AND READOPTING AN AMENDMENT TO CH 1.32 OF THE GRANT COUNTY CODE TITLED "CODE ENFORCEMENT AND PENALTIES"' WHEREAS, Grant County citizens suffer from illegal drugs; and WHEREAS, Grant County resources have had difficulty coping with, and at times have been overwhelmed by, illegal drug use; and WHEREAS, the health and safety of Grant County Citizens and visitors is the -preeminent concern of the County; and 'WHEREAS, illegal drugs pose a significant risk to the health and safety of Grant County citizens and visitors; and WHEREAS, the improper use of controlled substances is correlated with criminal behavior; and WHEREAS, Grant County has been designated as a High Intensity Drug Trafficking Area; and WHEREAS, the Washington State Supreme Court, in State v. Blake, struck down as unconstitutional the State crime of possession of a controlled substance for failure to include a mens rea (knowing or intentional) element; and WHEREAS, the Washington State Legislature has now acted to correct the deficiencies in the statute as noted in State v. Blake; and WHEREAS, the Grant County Code Ch. 6.46 previously adopted is now preempted by State Law. Ordinance Possession of controlled substances 1 of 2