Ordinance 3956-23 - Laserfiche WebLink

ORDINANCE NO. ________ An ORDINANCE Relating to Public Consumption of Controlled Substances, AMENDING Chapter 10.35 EMC. WHEREAS, A.In February 2021, the Washington State Supreme Court held in State v. Blake, 197 Wn.2d 170, that former RCW 69.50.4013, criminalizing the possession of certain controlled substances, unconstitutionally created a strict liability felony offense. B.In response, the Washington State Legislature in May, 2021 passed Engrossed Senate Bill 5476, amending the State’s Uniform Controlled Act to include a mens rea and requiring that persons subject to arrest for possession of a controlled substance be referred to assessment and services in lieu of arrest at least twice before he or she may face misdemeanor criminal charges for the possession of a controlled substance. C.The State law change has resulted in increased public use of controlled substances without a prescription in the City of Everett. D.The use of controlled substances without prescription and the supervision of a medical professional can result in physical injury or death to the user. E.The use of controlled substances can have negative mental and physical health consequences for the user. F.The use of controlled substances without a prescription is positively correlated with criminal behavior. G.The City has taken steps to connect individuals who publicly use controlled substances within the City of Everett with resources such as substance use disorder treatment through various City programs, including pairing social workers and mental health professionals with peace officers, referring individuals to services, and connecting individuals with the Law Enforcement Assisted Diversion program. H.The public use of controlled substances adversely impacts public order and endangers the health, safety, and welfare of the residents and visitors of the City of Everett. I.The City of Everett has the power to provide for the punishment of all practices dangerous to public health or safety, and to make necessary for the preservation of public health, peace, and 3956-23