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HomeMy WebLinkAboutOrdinance 21-029-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington ORDINANCE RECINDING ORDINANCE No. 21- 0 D'I -CC ORDINANCE NO. 21 -020 -CC AND RECREATING 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 failed to act to correct the deficiencies in the statute as noted in State v. Blake, and WHEREAS, the Board of County Commissioners has determined that a ban on knowing possession of controlled substances should be imposed, and WHEREAS, illegal controlled substances are the concern of all of Grant County, including all local law enforcement, and Ordinance Possession of controlled substances 1 of 4 WHEREAS, the County has police power to define misdemeanor crimes. NOW, THEREFORE, BE IT ORDAINED, the Board of Grant County Commissioners, ORDINANCE NO. 21 -020 -CC IS RECINDED, AND READOPTS AND HEREBY AMENDS CHAPTER, 6.46, TO TITLE 6 OF THE GRANT COUNTY CODE TITLED "CONTROLLED SUBSTANCES", AND CHAPTER 1.32 TITLED "CODE ENFORCEMENT AND PENALTIES. Chapter 6.46- CONTROLLED SUBSTANCES. Sections: 6.46.010 Definitions 1. All definitions from RCW 69.50 are hereby adopted and incorporated herein. 2. Knowledge, knowing and knowingly have the same meaning as provided for in RCW 9A.08.010. 6.46.020. Knowing possession of controlled substances prohibited It is unlawful for any person to knowingly possess a controlled substance, except as authorized in this chapter or other State or Federal law. 6.46.030 Violation -Penalties Except as otherwise stated in this chapter, any violation of section .020 of this chapter is a misdemeanor, punishable by not more than 90 days in jail and a fine of not more than $1000.00. 6.46.040 Permissible possession of marijuana. Possession of marijuana, useable marijuana, marijuana concentrates, and, marijuana infused products in amounts that do not exceed those in RCW 69.50.360(3) by those age 21 and over is not violation of this chapter. Possession of medical marijuana in accordance with RCW chapters 69.50 or 69.51A is not a violation of this chapter. Possession of marijuana pursuant to a license issued by the Washington State Liquor and Cannabis Control Board is not a violation of this chapter. 6.46.050 Possession of less than 40 grams of marijuana Except as listed in section 6.46.040, knowing possession of less than 40 grams of marijuana or knowing possession of marijuana, marijuana -infused product, or marijuana concentrates, regardless of THC concentration by a person under the age of 21 is a misdemeanor, punishable by not more than 90 days in jail and a fine of not more than $1,000.00. Ordinance Possession of controlled substances 2 of 4 6.46.060 Valid prescription It shall not be a violation of this chapter to possess a controlled substance pursuant to a lawfully issued prescription or order of a practitioner while acting in the course of his or her professional practice. A lawful prescription is an affirmative defense, provable by a preponderance of the evidence. 6.46.070 Manufacture, distribution and dispensing according to law not prohibited It is not a violation of this chapter to possess a controlled substance in accordance with State and Federal Law regarding the regulated manufacture, distribution or dispensing of controlled substances. 6.46.080 Preemption and savings clause In the event the Washington State Legislature passes a law preempting this ordinance this ordinance shall cease to have effect on the same date the statute comes into effect. Any violation of this ordinance that occurs prior to the preempting statute coming into effect may be prosecuted and punished pursuant to this ordinance. 6.46.090 Severability If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance or the application of the provisions to other person or circumstances is not affected. 6.46.100 Chapter cumulative. The provisions of this chapter are not intended to repeal any other ordinance or statute involving the same subject matter. 6.46.110 Effective date This ordinance is necessary for the immediate preservation of the public peace, health, or safety of the citizens of the Country and takes effect immediately upon passage by the Board of County Commissioners. Chapter 1.32 — CODE ENFORCEMENT AND PENALTIES Section 1.32.020 is amended as follows: This title shall apply to the enforcement of Grant County ordinances and codes, including those related to building, zoning, environmental health and safety, and quality of life. Violations include but are not limited to: (1) Failure to obtain required permits or authorizations within the administrative jurisdiction of the applicable department; Ordinance Possession of controlled substances 3 of 4 (2) Failure to comply with the terms or conditions of a permit or authorization issued by the applicable department; (3) Failure to comply with any county code provision within the administrative jurisdiction of the applicable department; (4) Failure to comply with rules or regulations adopted pursuant to the administrative authority of the applicable department; (5) Removal without authorization or defacing any sign, notice or order posted pursuant to the administrative authority of the applicable department; and (6) Failure to comply with a stop work or emergency order issued Linder this chapter. Violations of the applicable code shall be corrected under the provisions of this title, in coordination with existing ordinance and code provisions. Enforcement. Only an authorized official may enforce the provisions of this title. For purposes of this title, an authorized official is defined as any one of the following: (1) The Grant County Sheriff and his or her authorized representatives (primary); (2) The Grant County Director of Public Works and his or her authorized representatives; (3) The Grant County Director of Development Services and. his or her authorized representatives; (4) The Grant County Prosecuting Attorney may, in addition to any enforcement provisions here -under, have authority to institute any legal proceedings necessary to enforce this title; and (5) The Grant County Board of Commissioners may designate other persons to administer the provisions of this title. Nothing in this ch,qpter is intended to restrict the authorit of law enforcement officers from any.Jurisdiction from enforcing the...0 .provisions of Title 6 of this code. PASSED AND ADOPTED this5'-fw- day of 2021. BOARD OF COUNTY COMMISSIONER0 Yea Nay Abstain NT COU TY, ASHINGTON rJN COU C' Cin../ C in rartIr, '%_�.I.Iair 0 F-1 ATTEST: Danny ErStone, Vice -Chair Barbara as CMC Clerk � erk of We B r Roles rfee'oMember Ordinance Possession of controlled substances 4 of 4