Ordinance No. 2023-20 Adopting Drug Possession Laws as Amended by 2023 legislature 2831950x7ACF2 (Adopted 061323){JEH2831950.DOCX;1/13023.130005/ } Page 1 of 5
ORDINANCE NO. 2023-20
AN ORDINANCE of the City of Bainbridge Island, Washington, amending
Sections 9.07.010 and 9.07.030 of the Bainbridge Island Municipal Code (BIMC)
to adopt additional state statutes by reference and repealing BIMC 9.07.020 in
favor of the state statute on drug paraphernalia, in order to make the City’s code
relating to drug possession and use consistent with Chapter 1, Laws of 2023, 1st
Special Session.
WHEREAS, Article XI Section 11 of the Washington State Constitution authorizes cities
to establish such crimes as necessary to protect the public safety, health, and welfare, so long as
said crimes do not conflict with state law; and
WHEREAS, the Washington state legislature has authorized code cities such as
Bainbridge Island to adopt and enforce misdemeanors and gross misdemeanors as appropriate to
good government of the City through RCW 35A.11.020; and
WHEREAS, in response to the Washington Supreme Court’s decision in State v. Blake,
197 Wn.2d. 170, 481 P.3d 521 (2021), the legislature adopted Chapter 311, Laws of 2021, which
provided a temporary correction to state laws relating to the knowing possession of a controlled
substance; and
WHEREAS, the temporary correction provided by Chapter 311, Laws of 2021 is
scheduled to expire July 1, 2023; and
WHEREAS, in response to the pending expiration, the legislature adopted Chapter 1,
Laws of 2023, 1st Special Session, making permanent changes in the state laws relating to the
possession and use of controlled substances, which the City has adopted in BIMC 9.07.010; and
WHEREAS, Chapter 1, Laws of 2023, 1st Special Session, also preempts the authority of
cities to adopt local regulations regarding certain drug paraphernalia, rendering BIMC 9.07.020
obsolete; and
WHEREAS, the Police Chief, the City Manager, and the Kitsap County Prosecuting
Attorney’s Office, acting by contract as the Bainbridge Island prosecutor, have recommended
that the City amend its current codes to adopt the changes made by the state legislature and to
allow the enforcement of those laws through the City’s municipal court, and
WHEREAS, the Police Chief, the City Manager, and the Prosecuting Attorney have also
recommended that the City amend BIMC 9.07.030 to adopt the state penalties for inhaling toxic
fumes, and
WHEREAS, the City Council concurs with the recommendations provided.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
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Section 1. Possession and Use of Controlled Substances. BIMC 9.07.010 is hereby
amended to read as follows:
9.07.010 Controlled Substance – State statutes adopted by reference.
The following statutes of the state of Washington, as the same exist or shall
hereafter be amended, are adopted by reference as if set forth in full herein:
RCW
69.41.010 Definitions.
69.41.020 Prohibited acts – Information not privileged communication.
69.41.030 Sale, delivery, or possession of legend drug without prescription or
order prohibited—Exceptions—Penalty.
69.41.040 Prescription requirements – Penalty.
69.41.042 Record requirements.
69.41.050 Labeling requirements – Penalty.
69.41.060 Search and seizure.
69.41.072 Violations of chapter 69.50 RCW not to be charged under chapter
69.41 RCW – Exception.
69.41.170 Coercion of pharmacist prohibited – Penalty.
69.41.300 Definitions.
69.41.320 Practitioners – Restricted use – Medical records.
69.41.350 Penalties.
69.43.020 Receipt of substance from source outside state – Report – Penalty.
69.43.030 Exemptions.
69.43.035 Suspicious transactions – Report – Penalty.
69.43.043 Recordkeeping requirements – Penalty.
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69.43.090 Permit to sell, transfer, furnish or receive substance – Exemptions
– Application for permit – Fee – Renewal – Penalty.
69.50.101 Definitions.
69.50.102 Drug paraphernalia – Definitions.
69.50.204 Schedule I. [Marijuana, -(c)(22)]
69.50.206 Schedule II.
69.50.208 Schedule III.
69.50.210 Schedule IV.
69.50.212 Schedule V.
69.50.309 Containers.
69.50.315 Medical assistance – Drug-related overdose – Prosecution for
possession.
69.50.401 Prohibited Acts: A – Penalties.
69.50.4011 Counterfeit substances – Penalties.
69.50.4013 Possession of controlled substance—Penalty—Possession of
useable cannabis, cannabis concentrates, or cannabis-infused
products—Delivery.
69.50.4014 Possession of forty grams or less of marijuana cannabis – Penalty.
69.50.4016 Provisions not applicable to offenses under RCW 69.50.410.
69.50.404 Penalties under other laws.
69.50.405 Bar to prosecution.
69.50.408 Second or subsequent offenses.
69.50.412 Prohibited Acts: E – Penalties.
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69.50.4121 Drug paraphernalia – Selling or giving – Penalty.
Section 9, Chapter 1, Laws of 2023, 1st Special Session, relating to pretrial
diversion.
Section 10, Chapter 1, Laws of 2023, 1st Special Session, relating to sentencing of
individuals violating RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or
69.41.030(2).
69.50.435 Violations committed in or on certain public places or facilities –
Additional penalty – Defenses – Construction – Definitions.
69.50.445 Opening package of or consuming marijuana cannabis, useable
marijuana cannabis, marijuana cannabis-infused products, or
marijuana cannabis concentrates in view of general public or
public place – Penalty.
69.50.450 Butane or other explosive gases.
69.50.505 Seizure and forfeiture.
69.50.506 Burden of proof; liabilities.
69.50.509 Search and seizure of controlled substances.
69.50.515 Pharmacies – Marijuana Cannabis – Notification and disposal.
69.50.560 Controlled purchase programs – Persons under age twenty-one –
Violation – Criminal penalty – Exceptions.
69.50.575 Cannabis health and beauty aids.
Section 2. Repeal of Local Drug Paraphernalia Prohibition in Favor of State
Statute. BIMC 9.07.020 is hereby repealed. RCW 69.50.102 and 69.50.4121, as adopted in
BIMC 9.07.010, shall be controlling as to drug paraphernalia in the City of Bainbridge Island.
Section 3. Inhaling Toxic Fumes. BIMC 9.07.030 is amended to read as follows:
9.07.030 Inhaling toxic fumes. The following statutes of the state of
Washington, as the same exist or shall hereafter be amended, are adopted by
reference:
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RCW
9.47A.010 Definition.
9.47A.020 Unlawful inhalation – Exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty.
Section 4. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 5. Effective Date. This ordinance shall take effect and be in full force five (5)
days from its passage and publication as required by law.
PASSED BY THE CITY COUNCIL this 13th day of June, 2023.
APPROVED BY THE MAYOR this 13th day of June, 2023.
Brenda Fantroy-Johnson, Mayor
ATTEST/AUTHENTICATED:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: June 9, 2023
PASSED BY THE CITY COUNCIL: June 13, 2023
PUBLISHED: June 23, 2023
EFFECTIVE DATE: June 28, 2023
ORDINANCE NO. 2023-20