2021/05/26 Council Agenda Packet

`EVERETT City Council Agenda Item Cover Sheet Project title: An Ordinance Relating to Illegal Drugs, amending Ordinance Nos. 1653-89 and 1145-85, as previously amended. Council Bill # CB 2105-16 Agenda dates requested: 5.26.21 Briefing Proposed action Consent Action Ordinance 5.26.21 Public hearing Yes No Budget amendment: Yes No PowerPoint presentation: Yes X No Attachments: Ordinance Department(s) involved: Legal Contact person: Flora Diaz Phone number: 425-257-8658 Email: FDiaz@everettwa.gov Initialed by: Department head Administration Council President Project: Emergency Ordinance Partner/Supplier : None Location: Preceding action: Ordinance Fund: Fiscal summary statement: None Project summary statement: This Ordinance is 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. On May 13, 2021, the Governor signed Engrossed Senate Bill (ESB) 5476. Changing the State law by 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. The State law change also amended the types of drug paraphernalia which are criminal under the possession of drug paraphernalia statute. Recommendation (exact action requested of Council): Adopt an Ordinance Relating to Illegal Drugs, amending Ordinance Nos. 1653-89 and 1145-85, as previously amended.