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ORDINANCE NO. <br />0 <br />EVERETT <br />WASH I NGTON <br />An Ordinance Relating to Illegal Drugs, amending Ordinance Nos. 1653-89 and 1145-85, as previously <br />amended. <br />WHEREAS, <br />A. On May 13, 2021, the Governor signed Engrossed Senate Bill (ESB) 5476. This State law change <br />was partially in response to the February 25, 2021 Washington Supreme Court case of State v. <br />Blake, which invalidated the State statute criminalizing the possession of a controlled substance <br />without a prescription. <br />B. The State law change includes adding a "knowing" mens rea element to the crimes possession of <br />a controlled substance, possession of a counterfeit controlled substance, possession of less than <br />40 grams of marijuana or of marijuana by someone under age 21, and possession of legend <br />drugs. It also makes possession of a controlled substance and possession of a counterfeit <br />controlled substance a misdemeanor instead of a felony. <br />C. The State law change also amended the definition of drug paraphernalia. <br />D. The Everett City Council deems it appropriate for the City of Everett drug laws to be consistent <br />with corresponding State law. <br />E. These State law changes were adopted with an immediate effective date after emergency <br />findings within the bill, stating in Section 26 of ESB 5476 those sections were "...necessary for <br />the immediate preservation of the public peace, health, or safety, or support of the state <br />government and its existing public institutions, and take effect immediately." <br />F. This Ordinance is likewise an emergency Ordinance, necessary for the immediate preservation <br />of the public peace, health, or safety, and shall be effective immediately pursuant to Section 3.4 <br />of the City Charter. <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br />Section 1. Ordinance No. 1653-89, as amended, (codified at Chapter 10.35 EMC), is amended to <br />add the following section (to be codified at EMC 10.35.011 and EMC 10.35.012): <br />EMC 10.35.011 Possession of Controlled Substance. <br />RCW 69.50.4013, as currently enacted or later amended, is hereby adopted by reference as if <br />laid out in full herein. <br />EMC 10.35.012 Possession of Counterfeit Controlled Substance. <br />RCW 69.50.4011, as currently enacted or later amended, is hereby adopted by reference as if <br />laid out in full herein. <br />