Ordinance 3805-21 - Laserfiche WebLink

ra EVERETT WASHINGTON ORDINANCE NO. 3805-21 An Ordinance Relating to Illegal Drugs,amending Ordinance Nos. 1653-89 and 1145-85,as previously amended. WHEREAS, A. On May 13, 2021,the Governor signed Engrossed Senate Bill (ESB) 5476.This State law change was partially in response to the February 25, 2021 Washington Supreme Court case of State v. Blake,which invalidated the State statute criminalizing the possession of a controlled substance without a prescription. B. The State law change includes adding a "knowing"mens rea element to the crimes possession of a controlled substance, possession of a counterfeit controlled substance, possession of less than 40 grams of marijuana or of marijuana by someone under age 21,and possession of legend drugs. It also makes possession of a controlled substance and possession of a counterfeit controlled substance a misdemeanor instead of a felony. C. The State law change also amended the definition of drug paraphernalia. D. The Everett City Council deems it appropriate for the City of Everett drug laws to be consistent with corresponding State law. E. These State law changes were adopted with an immediate effective date after emergency findings within the bill, stating in Section 26 of ESB 5476 those sections were"...necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions,and take effect immediately." F. This Ordinance is likewise an emergency Ordinance, necessary for the immediate preservation of the public peace, health,or safety, and shall be effective immediately pursuant to Section 3.4 of the City Charter. NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1. Ordinance No. 1653-89, as amended, (codified at Chapter 10.35 EMC), is amended to add the following section (to be codified at EMC 10.35.011 and EMC 10.35.012): EMC 10.35.011 Possession of Controlled Substance. RCW 69.50.4013, as currently enacted or later amended, is hereby adopted by reference as if laid out in full herein. EMC 10.35.012 Possession of Counterfeit Controlled Substance. RCW 69.50.4011, as currently enacted or later amended, is hereby adopted by reference as if laid out in full herein.