ORD NO. 2016-03 AMENDING CHAPTER 9.07; CONTROLLED SUBSTANCES, PARAPHERNALIA AND TOXIC FUMESORDINANCE NO. 2016-03
AN ORDINANCE of the City of Bainbridge Island, Washington, amending
Chapter 9.07 of the Bainbridge Island Municipal Code, Controlled Substances,
Paraphernalia and Toxic Fumes, to reflect recent changes in state law.
WHEREAS, the City Council desires to amend Chapter 9.07 of the Bainbridge Island
Municipal Code to insure that Chapter 9.07 is consistent with changes in state law regarding the
prosecution of controlled substances and possession of drug paraphernalia; and
WHEREAS, in June 2015, the state legislature passed HB 2136 (Chapter 4, Laws of
2015, 2„d Special Session), repealing RCW 69.50.425 and the mandatory minimum penalties
imposed therein for violations of Chapter 69.50 RCW; and
WHEREAS, while possession of one ounce of marijuana carries no criminal penalty, the
City wishes to adopt by reference RCW 69.50.4014 making possession of up to 40 grams of
marijuana
NOW, THEREFORE, the City Council of the City of Bainbridge Island, Washington,
do ordain as follows:
Section 1. Chapter 9.07 BIMC, Controlled Substances, Paraphernalia and Toxic
_fumes, Amended. Chapter 9.07 of the Bainbridge Island Municipal Code, entitled "Controlled
Substances, Paraphernalia and Toxic Fumes," is hereby amended to read as follows:
Chapter 9.07
CONTROLLED SUBSTANCES, PARAPHERNALIA
AND TOXIC FUMES
Sections:
9.07.010 Controlled substance— State statutes adopted by
reference.
9.07.020 Possession of paraphernalia prohibited.
9.07.030 Inhaling toxic fumes.
9.07.040 Drug traffickers.
9.07.010 Controlled substance — State statutes adopted by
reference.
The following statutes of the state of Washington 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.
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.
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)].
69.50.309
Containers.
69.50.315
Medical assistance — Drug-related overdose —
Prosecution for possession.
69.50.401
Prohibited Acts: A — Penalties.
69.50.4014
Possession of forty grams or less of marijuana —
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.
69.50.4121
Drug paraphernalia — Selling or giving — Penalty.
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, useable
marijuana, marijuana -infused products, or marijuana
concentrates in view of general public or public place
— Penalty.
69.50.450
Butane or other explosive gases.69.50.505 Seizure
and forfeiture.
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69.50.506 Burden of proof.
69.50.509 Search and seizure of controlled substances.
69.50.515 Pharmacies — Marijuana — 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.
9.07.020 Possession of paraphernalia prohibited.
No person shall possess any drug paraphernalia as defined in RCW
69.50.102 with the intent to use or employ the same for
manufacturing and/or consuming controlled substances.
9.07.030 Inhaling toxic fumes.
The following statutes of the state of Washington are adopted by
reference:
RC W
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.
9.07.040 Drug traffickers.
The following statutes of the state of Washington are adopted by
reference:
RC W
10.66.010
Definitions.
10.66.020
When order may be issued.
10.66.030
Hearing — Summons.
10.66.040
Ex parte temporary order — Hearing — Notice.
10.66.050
Additional relief — PADT area.
10.66.060
Bond or security.
10.66.070
Appearance of party.
10.66.080
Notice of order to law enforcement agency.
10.66.090
Penalties.
10.66.100
Additional penalties.
10.66.130
Modification of order — Notice to law enforcement
agency.
Section 2. 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 pre-empted by state
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or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this Ordinance or its application to other persons or circumstances.
Section 3. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 19th day of January, 2016.
APPROVED BY THE MAYOR this 19th day of January, 2016.
ATTEST/AUTHENTICATE:
,io�
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
I ; &,=
aI Tollefson, May r
December 30, 2015
January 19, 2016
January 22, 2016
January 27, 2016
2016-03
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