2012/12/27 Council Agenda Packet

1 Ordinance No. An Ordinance relating to Marijuana, Amending and Repealing provisions of the Criminal Code(EMC 10.02 and 10.35)in accordance with this Ordinance and Section 17 hereof. Whereas,Initiative 502 was enacted into state law in the November 2012 election; and Whereas, Initiative 502 decriminalized some conduct and revised some definitions related to possession of marijuana and drug paraphernalia and further there have been changes in State law that need to be reflected in the City's regulations; and Whereas, Initiative 502 defined a new civil infraction for opening a package containing marijuana or a marijuana-infused product, or consuming marijuana or a marijuana-infused product,in view of the general public; and Whereas,Everett, a first class city, must provide for the same punishment for a criminal - offense of City ordinance as the punishment provided in state law for the same crime; NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1: Ordinance 1145-85 §14 (part) (Chapter 10.02 EMC)is amended by the addition of the following section: Board. "Board"means the state board of pharmacy. Section 2: Ordinance 1145-85 §14(part) (Chapter 10.02 EMC)is amended by the addition of the following section: Controlled Substance. "Controlled Substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws,or federal or board rules. Section 3: Ordinance 1145-85 §14(part) (Chapter 10.02 EMC) is amended by the addition of the following section: Deliver/Delivery. "Deliver"or"delivery"means the actual or constructive transfer from one person to another of a substance,whether or not there is an agency relationship. Section 4: Ordinance 1145-85 §14(part)Chapter 10.02 EMC is amended by the addition of the following section: 4