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ORDINANCE NO. <br />EVERETT <br />WASHINGTON <br />An ORDINANCE Prohibiting Public Consumption of Controlled Substances, AMENDING Chapter 10.35 <br />EMC. <br />WHEREAS, <br />A. In February 2021, the Washington State Supreme Court held in State v. Blake, 197 Wn.2d 170, <br />that former RCW 69.50.4013, criminalizing the possession of certain controlled substances, <br />unconstitutionally created a strict liability felony offense. <br />B. In response, the Washington State Legislature in May, 2021 passed Engrossed Senate Bill 5476, <br />amending the State's Uniform Controlled Act to include a mens rea and requiring that persons <br />subject to arrest for possession of a controlled substance be referred to assessment and services <br />in lieu of arrest at least twice before he or she may face misdemeanor criminal charges for the <br />possession of a controlled substance. <br />C. The State law change has resulted in increased public use of controlled substances without a <br />prescription in the City of Everett. <br />D. The use of controlled substances without prescription and the supervision of a medical <br />professional can result in physical injury or death to the user. <br />E. The use of controlled substances can have negative mental and physical health consequences for <br />the user. <br />F. The use of controlled substances without a prescription is positively correlated with criminal <br />behavior. <br />G. The City has taken steps to connect individuals who publicly use controlled substances within the <br />City of Everett with resources such as substance use disorder treatment through various City <br />programs, including pairing social workers and mental health professionals with peace officers, <br />referring individuals to services, and connecting individuals with the Law Enforcement Assisted <br />Diversion program. <br />H. The public use of controlled substances adversely impacts public order and endangers the health, <br />safety, and welfare of the residents and visitors of the City of Everett. <br />I. The City of Everett has the power to provide for the punishment of all practices dangerous to <br />public health or safety, and to make necessary for the preservation of public health, peace, and <br />