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Ordinance 2293MAE/trs }' 4/6/82 ORDINANCE NO. 2293 AN ORDINANCE OF THE CITY OF EDMONDS, WASHING — TON, RELATING GENERALLY TO CRIMES AND PENAL— TIES FOR SUCH CRIMES AND MORE SPECIFICALLY REGARDING THE FOLLOWING SECTIONS OF THE EDMONDS CITY CODE: AMENDING SECTION 5.45.020 INCREASING THE MONETARY PENALTIES FOR VIOLA— TIONS OF MOST SECTIONS OF THE CITY CODE TO A MAXIMUM OF $500, MAKING POSSESSION OF CON— TROLLED SUBSTANCES OTHER THAN 40 GRAMS OR LESS OF MARIJUANA ALSO PUNISHABLE BY A MAXI— MUM 90—DAY JAIL SENTENCE, TRANSFERRING THE PENALTIES FOR VIOLATIONS OF THE ANIMAL CON— TROL CHAPTER TO THIS SECTION, MAKING THE OFFENSE OF DRINKING INTOXICANTS IN A PUBLIC PARK PUNISHABLE BY A FINE ONLY, AND MAKING REFERENCE TO THE PENALTIES FOR VIOLATIONS OF THE PLANTER MAINTENANCE ORDINANCE; AMENDING SECTION 5.17.010 ADDING A DEFINITION OF "THEFT" AND RELETTERING FOLLOWING DEFINI— TIONS; REPEALING SECTION 5.17.020 REGARDING THE CRIME OF THEFT AND ADDING A NEW SECTION 5.17.020 CREATING THE OFFENSE OF FIRST DEGREE THEFT; ADDING A NEW SECTION 5.17.023 CREATING THE OFFENSE OF SECOND DEGREE THEFT; ADDING A NEW SECTION 5.17.027 PROVIDING A DEFENSE TO THEFT; REPEALING SECTION 5.30.010 REGARDING DANGEROUS DRUGS AND ADDING A NEW SECTION 5.30.010 ADOPTING BY REFERENCE THE DEFINI— TIONS FOR CONTROLLED SUBSTANCES OF RCW 69.50.101; REPEALING SECTION 5.30.020 REGARD— ING POSSESSION OF DANGEROUS DRUGS AND ADDING A NEW SECTION 5.30.020 ADOPTING BY REFERENCE THE DEFINITION FOR "CONTROLLED SUBSTANCE" AS SET FORTH IN RCW 69.50.204, .206, .208, .210, AND .212; REPEALING SECTION 5.30.025 REGARD— ING INHALATION OF UNLAWFUL COMPOUNDS; AMEND— ING SECTION 5.30.030 MAKING CERTAIN ACTS INVOLVING CONTROLLED SUBSTANCES UNLAWFUL AND ADOPTING RCW 69.50.301 THROUGH AND INCLUDING .309 BY REFERENCE; REPEALING SECTION 5.30.040 REGARDING PRESCRIPTIONS AND ADDING A NEW SEC— TION 5.30.040 MAKING THE POSSESSION OF 40 GRAMS OR LESS OF MARIJUANA UNLAWFUL; REPEAL— ING SECTION 5.30.070 REGARDING SEARCHES AND SEIZURES AND ADDING A NEW SECTION 5.30.070 MAKING THE INHALATION OF CERTAIN COMPOUNDS UNLAWFUL; ADDING A NEW SECTION 5.30.060 RELATING TO DRUG ENFORCEMENT AND ADOPTING BY REFERENCE RCW 69.50.505; AMENDING SECTION 5.05.200 TO MAKE REFERENCE TO THE PENALTY SECTION OF THE CITY CODE, 5.45.020; AND DIRECTING THE CITY CLERK TO AUTHENTICATE STATUTES ADOPTED BY REFERENCE. WHEREAS, the City Code currently prescribes a maxi- mum fine of $250 and a maximum jail sentence of 90 days for violation of most city ordinances, and WHEREAS, RCW 35A.11.020 authorizes the City Council to set penalties of up to $500, and WHEREAS, the City Council finds that it is in the best interests of the public that more latitude be available for setting a penalty that appropriately fits the particular offense by raising the maximum penalties to $500 and/or 90 days in jail, and WHEREAS, a first offense of theft is currently pun- ishable by a fine only without regard to the value of the property taken, and WHEREAS, the City Council finds that the administra- tive task of keeping readily accessible records necessary to discover any prior theft convictions for each person charged with theft is impractical and that it would be more appropri- ate in the interests of justice and efficiency to create two degrees of theft based on value of property taken making the second degree punishable by a fine only, and WHEREAS, Chapter 5.30 of the City Code, adopted in 1969, provides that possession of any controlled substance is punishable by a fine only if it is a first offense, and -2- WHEREAS, since Chapter 5.30 was enacted the state legislature enacted the Uniform Controlled Substances Act, RCW 69.50, which makes every offense involving controlled substances a felony except possession of 40 grams or less of marijuana, and WHEREAS, the City Council finds that the public's interest in health and safety would be best served if the City Code relating to controlled substances is updated to adopt certain sections of the state law by reference and by making all offenses other than the offense of possessing 40 grams or less of marijuana punishable by a maximum fine of $500 and/or a maximum jail sentence of 90 days, and WHEREAS, the City Council finds it in the interest of justice to make the penalty for the offense of drinking intoxicants in public parks, ECC 5.43.040, consistent with the penalties for the similar offenses of minors in posses- sion of intoxicants and disorderly conduct, and WHEREAS, the City Council finds that it is appropri- ate to consolidate all penalty provisions for violations of any section of the City Code in one section, Section 5.45.020, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.45.020 of the Edmonds City Code is hereby amended to provide increased penalties, to make possession of certain controlled substances a jailable offense, to make the offense of drinking intoxicants in a -3- public park punishable by a fine only, to set forth the penalties for planter maintenance, and to incorporate the penalties for violation of the animal control chapter, as follows: 5.45.020 PENALTIES A. Notwithstanding any other city ordinance or provi- sion of the city code regarding violations and pen- alties thereof (with the exception of those sections of the city code hereinafter specifically excluded from the operations of this subsection), any person or persons who violate or fail to comply with any of the provisions of the ordinances of the city, including the City Code and the Community Develop- ment Code, or any part thereof, shall, upon convic- tion of the violation, be punished by a fine in any sum not to exceed the sum of $500, or by imprison- ment in jail for a term not exceeding 90 days, or both such fine and imprisonment. Each separate day during which any violation occurs or continues shall be deemed to constitute a separate violation thereof and a separate offense thereunder, and upon convic- tion thereof shall be punished as provided in this section. This section is intended to supersede the penalty provisions of any and all previously adopted city ordinances in conflict with this section, except as otherwise provided in this section, and in the event of conflict with this section, the pre- viously adopted ordinances shall be deemed amended to conform with the penalty provisions of this section. B. Any person violating any of the following provisions of Title 8 shall be guilty of a misdemeanor, and upon conviction thereof, be punished by fine not to exceed $500 or by imprisonment in jail for a term not exceeding 90 days in jail, or by both such fine and imprisonment: 1. RCW 46.52.010, Duty on striking unattended car or other property. (Adopted by reference as part of the MTO.) 2. RCW 46.52.020, Duty in case of injury to or death of person or damage to attended vehicle. (Adopted by reference as part of the MTO.) 3. RCW 46.61.500 and 46.61.530, Reckless driving. (Adopted by reference as part of the MTO.) -4- C. Any person violating any of the following provisions of Title 8 shall be guilty of a misdemeanor, and upon conviction thereof, be punished as provided below: 1. RCW 46.61.502 and RCW 46.61.504, Driving or being in actual physical control of a motor vehicle while under the influence of or affected by intoxicating liquor and/or drugs. (Adopted by reference as part of the MTO.) a. Every person convicted of a violation of the offenses set forth in this subsection shall be punished by imprisonment for not less than one day in jail. The one day in jail shall not be suspended or deferred unless the judge finds that there are extraordinary circumstances and that the jail sentence should be suspended or deferred. Whenever the mandatory jail sentence is suspended or deferred, the judge must state in writing the reason for granting the suspension or deferral and the facts upon which the sus- pension or deferral is based. b. On a second or subsequent conviction of the offenses set forth in this subsection within a five-year period, a person shall be pun- ished by imprisonment for not less than seven days in jail. The seven-day mandatory jail sentence shall not be suspended or deferred unless the judge finds that there are extraordinary circumstances and that the seven-day jail sentence should be suspended or deferred. Whenever the mandatory seven- day jail sentence is suspended or deferred, the judge must state in writing the reasons for granting the suspension or deferral and the facts upon which the suspension or deferral is based. D. Any person violating any of the following provisions of Title 8 shall be guilty of a misdemeanor, and upon conviction thereof, be punished by fine not to exceed $500 and shall not be subject to imprisonment in jail: 1. Chapter 46.12 RCW, Certificates of ownership. 2. RCW 46.20.021, Driving without valid license. 3. RCW 46.20.336, Unlawful possession of a driver's license. -5- 4. RCW 46.20.342, Driving with a suspended driver's license. 5. RCW 46.20.410, Driving in violation of occupa- tional license. 6. RCW 46.20.420, Driving with suspended or revoked driver's license. 7. RCW 46.52.090, Reports by repairmen. 8. RCW 46.61.015, Obedience to police officer. 9. RCW 46.61.020, Refusal to give information. 10. RCW 46.61.022, Failure to stop and give identification. 11. RCW 46.61.525, Negligent driving. 12. RCW 46.61.685, Leaving children unattended in vehicle while motor running. 13. RCW 46.64.020, Nonappearance after written prom- ise to appear. 14. RCW 46.64.048, Aiding or abetting crimes. Any person violating any provision of Title 8, other than as set forth in this section and subsections B and C above, shall have committed a traffic infrac- tion and shall be assessed a monetary penalty not to exceed $250. E. The penalties for violation of these portions of this code as set forth in this subsection shall, upon conviction, be punished solely by fine in a sum not exceeding $500, and shall not be subject to imprisonment in jail except as provided in this subsection. 1. Sections 5.19.020 and 5.19.050, Liquors - Minors. 2. Chapter 5.30, Dangerous Drugs, except Section 5.30.030 whose penalties shall be as set forth in subsection A of this section. 3. Section 5.17.023, Second Degree Theft. 4. Section 5.20.020, Disorderly Conduct. 5. The following sections of Chapter 5.05, Animal Control: 5.05.020 5.05.040 5.05.050, A through H 5.05.060 5.05.070 5.05.080 5.05.090 5.05.100 5.05.150, A through I 5.05.180, C and D Upon the third conviction or forfeiture within 12 months of a previous conviction for a viola- tion of any of the above provisions of this chapter, the court shall impose a minimum manda- tory fine of $50, which fine shall not be sus- pended or deferred. Upon a fourth and subsequent conviction or for- feiture within a 12-month period, the court shall impose a minimum mandatory fine of $100, which fine shall not be suspended or deferred. 6. Section 5.43.040, Drinking Intoxicants in Public Parks. F. Any person violating any of the following sections of the City Code or Community Development Code shall be guilty of a misdemeanor and upon conviction thereof be punished as specifically provided in such section or chapter: 1. Section 17.80.030, Planter Maintenance, with penalties as provided in Section 17.80.050. Section 2. Section 5.17.010 of the Edmonds City Code is hereby amended to add a definition of "theft," to designate such new definition as subsection K, and to redes- ignate the definitions alphabetically following the new defi- nition, subsection L and subsection M, as follows: K. "Theft" means: 1. To wrongfully obtain unauthorized control over the property or services of another or the value thereof, with intent to deprive that person of such property or services; or 2. By color or aid of deception, to obtain control over the property or services of another or the -7- value thereof, with intent to deprive that per- son of such property or services; or 3. To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive that person of such property or services. L. "Value" means the market value of the property or services at the time and in the approximate area of the criminal act. M. "Wrongfully obtains" or "exerts unauthorized con- trol" means: 1. To take the property or services of another; or 2. Having any property or services in one's posses- sion, custody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his own use or to the use of any person other than the true owner or person entitled thereto. Section 3. Section 5.17.020 of the Edmonds City Code is hereby repealed. Section 4. A new Section 5.17.020 is hereby added to the Edmonds City Code to create the offense of First Degree Theft as follows: 5.17.020 FIRST DEGREE THEFT A person is guilty of theft in the first degree if that person commits theft of: A. Property or services which exceed(s) $50 in value; or B. Gasoline from any vehicle. Section 5. A new Section 5.17.023 is hereby added to the Edmonds City Code creating the offense of Second Degree Theft as follows: 5.17.023 SECOND DEGREE THEFT A person is guilty of theft in the second degree if that person commits theft of property or services valued at $50 or less. Section 6. A new Section 5.17.027 is hereby added to the Edmonds City Code providing defenses to theft to read as follows: 5.17.027 DEFENSE TO THEFT In any prosecution for theft, it shall be sufficient defense that the property or service was appropriated openly and avowedly under a claim of title preferred in good faith, even though the claim is untenable. Section 7. Section 5.30.010 of the Edmonds City Code is hereby repealed. Section 8. A new Section 5.30.010 is hereby added to the Edmonds City Code and adopts by reference RCW 69.50.101, a copy of which is marked Exhibit A and is attached to this ordinance, to read as follows: 5.30.010 DEFINITIONS - GENERALLY Those definitions for controlled substances set out in RCW 69.50.101 and said section are hereby adopted by reference, except subsection (d) thereof. Section 9. Section 5.30.020 of the Edmonds City Code is hereby repealed. Section 10. A new Section 5.30.020 is hereby added to the Edmonds City Code and adopts by reference RCW mom 69.50.204, RCW 69.50.206, RCW 69.50.208, RCW 69.50.210 and RCW 69.50.212, copies of which are attached to this ordinance and marked Exhibit B, and such section shall read as follows: 5.30.020 CONTROLLED SUBSTANCE DEFINED "Controlled substance" means a drug, substance or imme- diate precursor as set out in the following statutes and which are hereby adopted by reference: RCW 69.50.204, RCW 69.50.206, RCW 69.50.208, RCW 69.50.210 and RCW 69.50.212. Section 11. Section 5.30.030 of the Edmonds City Code is hereby amended and adopts by reference RCW 69.50.301 through and including RCW 69.50.309, copies of which are marked Exhibit C and attached to this ordinance, and, fur- thermore, setting forth offenses relating to controlled or counterfeit substances as follows: 5.30.030 PROHIBITED ACTS Except as authorized by and pursuant to RCW 69.50.301, through and including RCW 69.50.309, it is unlawful for any person to: A. Manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. B. Create, deliver or possess a counterfeit substance. C. Possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice; and unless such person possessed forty grams or less of marijuana. D. Knowingly keep any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other struc- ture or place which is resorted to by persons using controlled substances in violation of this chapter. E. Obtain or attempt to obtain a controlled substance, or procure or attempt to procure the administration of a controlled substance by fraud, deceit, mis- representation or subterfuge; or forgery or altera- tion of a prescription or any written order; or -10- concealment of material fact; or the use of a false name or the giving of a false address. F. Falsely assume the title of or represent himself to be a manufacturer, wholesaler, pharmacist, physi- cian, dentist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance. G. To make or utter any false or forged prescription or false or forged written order. H. Affix any false or forged label to a package or receptacle containing controlled substances. Section 12. Section 5.30.040 of the Edmonds City Code is hereby repealed. Section 13. A new Section 5.30.040 is hereby added to the Edmonds City Code creating the offense of "Possession of Marijuana - Forty Grams or Less" to read as follows: 5.30.040 POSSESSION OF MARIJUANA - FORTY GRAMS OR LESS It is unlawful for any person to possess forty grams or less of marijuana unless such marijuana was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice. Section 14. Section 5.30.070 of the Edmonds City Code is hereby repealed. Section 15. A new Section 5.30.070 is hereby added to the Edmonds City Code making the inhalation of certain compounds unlawful as follows: 5.30.070 COMPOUNDS UNLAWFUL TO INHALE It shall be unlawful to intentionally smell or inhale the fumes from any glue, cement or other adhesive con- taining one or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyle alcohol, ethylene dichloride, isopropyl alcohol, methyle alcohol, methyle ethyl ketone, pentachlorophenol, petro- leum ether or toluene, for the purpose of becoming intoxicated, inebriated, excited, or stupefied; pro- vided, this section shall not be construed as applying -11- to the inhalation of any anesthesia for medical or den- tal purposes. Section 16. A new Section 5.30.060 is hereby added to the Edmonds City Code adopting by reference RCW 69.50.505 (as amended by Chapter 67 of the Laws of 1981), a copy of which is marked Exhibit D and attached to this ordinance, to read as follows: 5.30.060 SEIZURE AND FORFEITURE RCW 69.50.505 (as amended by Chapter 67 of the Laws of 1981) relating to seizures and forfeitures occurring in the enforcement of this chapter is hereby adopted by reference. Section 17. The Edmonds City Clerk is hereby directed to authenticate the copies of the sections of the RCW which are adopted by reference by Sections 6, 7, 8 and 12 of this ordinance and which are attached to this ordinance, and, further, the City Clerk is directed to maintain three copies of such state statutes on file at all times during regular business hours for public use and inspection. Section 18. Section 5.05.200 of the Edmonds City Code is hereby amended to make reference to the penalty sec- tion of the City Code as amended by Section 1 of this ordi- nance as follows: 5.05.200 PENALTIES Any person who violates the following provisions of this chapter shall be guilty of a misdemeanor and upon con- viction shall be punished as set forth in Section 5.45.020 of the city code. Section 19. Severability. If any portion, section, subsection, sentence, phrase or word of this ordinance is -12- held to be invalid or unapplicable to any person, the remain- ing portions, sections, subsections, sentences, phrases and words of this ordinance and their applications shall not be affected. Section 20. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. ATTEST/AUTHENTICATED: CITY CLERK, IRENE 6FARNEY MORAN APPROVED AS TO FORM: OFFICE, -,OF -,THE CITY ATT_&Rtt1 Y: FILED WITH THE CITY CLERK: April 6, 1982 PASSED BY THE CITY COUNCIL: May 4, 1982 POSTED: May 5, 1982 EFFECTIVE DATE: May 10, 1982 -13- EXHIBIT A 69.50.101 Definitions. As used in this chapter: (a) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (1) a practitioner, or (2) the patient or research subject at the direction and iri the presence of the practitioner. (b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distribu- tor, or dispenser. It does not include a common or con- tract carrier, public warehouseman, or employee of the carrier or warehouseman. (1981 Ed.) (c) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency. (d) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of Ar- ticle II. (e) "Counterfeit substance" means a controlled sub- stance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufac- tured, distributed, or dispensed the substance. (f) "Deliver" or "delivery" means the actual, con- structive, or attempted transfer from one person to an- other of a controlled substance, whether or not there is an agency relationship. (g) "Dispense" means to deliver a controlled sub- stance to an ultimate user or research subject by or pur- suant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or com- pounding necessary to prepare the substance for that delivery, (h) "Dispenser" means a practitioner who dispenses. (i) "Distribute" means to deliver other than by ad- ministering or dispensing a controlled substance. 0) "Distributor" means a person who distributes. (k) "Drug" means (1) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (3) substances (other than food) in- tended to affect the structure or any function of the body of man or animals; and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. It does not include devices or their components, parts, or accessories. (1) "Immediate precursor" means a substance which the state board of pharmacy has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an im- mediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. (m) "Manufacture" means the production, prepara- tion, propagation, compounding, conversion or process- ing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or inde- pendently by means of chemical synthesis, or by a com- bination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance: (1) by a practitioner as an incident to his administer- ing or dispensing of a controlled substance in the course of his professional practice, or (2) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. (n) "Marihuana" means all parts of the plant of the genus Cannabis L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mix- ture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is inca- pable of germination. (o) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of ex- traction and chemical synthesis: (1) Opium and opiate, and any salt, compound, deriv- ative, or preparation of opium or opiate. (2) Any salt, compound, isomer, derivative, or prepa- ration thereof which is chemically equivalent or identical with any of the substances referred to in clause 1, but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, iso- mer, derivative, or preparation thereof which is chemi- cally equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (p) "Opiate" means any substance having an addic- tion —forming or addiction —sustaining liability similar to morphine or being capable of conversion into a drug having addiction —forming or addiction —sustaining liabil- ity. It does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3—methoxy—n—methylmorphinan and its salts (dextromethorphan). It does include its racemic and lev- orotatory forms. (q) "Opium poppy" means the plant of the genus Pa - paver L., except its seeds, capable of producing an opiate. (r) "Person" means individual, corporation, govern- ment or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. (s) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. (t) "Practitioner" means: (1) A physician under chapter 18.71 RCW, an osteo- pathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18- .32 RCW, a chiropodist under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse under chapter 18.88 RCW, a licensed practical nurse under chapter 18.78 RCW, a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to dis- tribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state. (2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a con- trolled substance in the course of professional practice or research in this state. (3) A physician licensed to practice medicine and sur- gery or a physician licensed to practice osteopathy and surgery in any state which shares a common border with the state of Washington. (u) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. ' (v) "State", when applied to a part of the United States, includes any state, district, commonwealth, terri- tory, insular possession thereof, and any area subject to the legal authority of the United States of America. (w) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administer- ing to an animal owned by him or by a member of his household. (x) "Board" means the state board of pharmacy. (y) "Executive officer" means the executive officer of the state board of pharmacy. [1980 c 71 § 2; 1973 2nd ex.s. c 38 § 1; 1971 ex.s. c 308 § 69.50.101.] Sererability-1973 2nd ex.s. c 38: "If any of the provisions of !his amendatory act, or its application to any person or circumstance is held invalid, the remainder of the amendatory act, or the application of the provision to other persons or circumstances, or the act prior to its amendment is not affected.' [1973 2nd ex.s. c 38 § 3.] This applies to the amendments to RCW 69.50.101 and 46.61.520 by 1973 2nd ex.s. c 38. EXHIBIT B 69.50.204 Schedule I. (a) The controlled substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name, are in- cluded in Schedule I. (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Acetylmethadol; (2) Allylprodine; (3) Alphacetylmethadol; (4) Alphameprodine; (5) Alphamethadol; (6) Benzethidine; (7) Betacetylmethadol; (8) Betameprodine; (9) Betamethadol; (10) Betaprodine; l 69.50.204 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons (11) Clonitazene; (12) Dextromoramide; (13) Diampromide; (14) Diethylthiambutene; (15) Difenoxin; (16) Dimenoxadol; (17) Dimepheptanol; (18) Dimethylthiambutene; (19) Dioxaphetyl butyrate; (20) Dipipanone; (21) Ethylmethylthiambutene; (22) Etonitazene; (23) Etoxeridine; (24) Furethidine; (25) Hydroxypethidine; (26) Ketobemidone; (27) Levomoramide; (28) Levophenacylmorphan; (29) Morpheridine; (30) Noracymethadol; (31) Norlevorphanol; (32) Normethadone; (33) Norpipanone; (34) Phenadoxone; (35) Phenampromide; (36) Phenomorphan; (37) Phenoperidine; (38) Piritramide; (39) Propheptazine; (40) Properidine; (41) Propiram; (42) Racemoramide; (43) Trimeperidine. (c) Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of iso- mers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine—N—Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Dihydromorphine; (9) Drotebanol; (10) Eorphine (except hydrochloride salt); (11) Heroin; (12) Hydromorphinol; (13) Methyldesorphine; (14) Methyldihydromorphine; (15) Morphine methylbromide; (16) Morphine methylsulfonate; (17) Morphine—N—Oxide; (18) Myrophine; (19) Nicocodeine; (20) Nicomorphine; (21) Normorphine; (22) Phoclodine; (23) Thebacon. (d) Hallucinogenic substances. Unless specifically ex- cepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chem- ical designation (For purposes of paragraph (d) of this section, only, the term "isomer" includes the optical, po- sition, and geometric isomers.): (1) 3,4—methylenedioxy amphetamine; (2) 5—methoxy-3,4—methylenedioxy amphetamine; (3) 3,4,5—trimethoxy amphetamine; (4) 4—bromo-2,5-dimethoxy—amphetamine; (5) 2,5—dimethoxyamphetamine; (6) 4—methoxyamphetamine; (7) 4—methyl-2,5—dimethoxyamphetamine; (8) Bufotenine; (9) Diethyltryptamine; (10) Dimethyltryptamine; (11) Ibogaine; (12) Lysergic acid diethylamide; (13) Marihuana; (14) Mescaline; (15) Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, man- ufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts; (16) N—ethyl-3—piperidyl benzilate; (17) N—methyl-3—piperidyl benzilate; (18) Psilocybin; (19) Psilocyn; (20) Tetrahydrocannabinols, synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, specifically, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: (i) Delta 1 — cis — or trans tetrahydrocannabinol, and their optical isomers; (ii) Delta 6 — cis — or trans tetrahydrocannabinol, and their optical isomers; (iii) Delta 3.4 — cis — or trans tetrahydrocannabinol, and its optical isomers; (Since nomenclature of these substances is not interna- tionally standardized, compounds of these structures, re- gardless of numerical designation of atomic positions covered, are all included.) (21) Ethylamine analog of phencyclidine; (22) Pyrrolidine analog of phencyclidine; (23) Thiopene analog of phencyclidine. (e) Depressant. Unless specifically excepted or unless listed in another schedule, any material compound, mix- ture, or preparation which contains any quantity of mecloqualone having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, [Title 69 RCW—p 541 (1981 Ed,) and salts of isomers is possible within the specific si c 308 § chem- ical designation. [1980 c 138 § 69.50.204.1 69.50.206 Schedule H. (a) The drugs and other sub- stances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II. (b) Substances. (Vegetable origin or chemical synthe- sis.) Unless specifically excepted, any of the following substances, except those listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of ex- traction and chemical synthesis: (1) Opium and opiate, and any salt, compound, deriv- ative, or preparation of opium or opiate, excluding apo- morphine, dextrorphan, nalbuphine, naloxone, and naltrexone, and their respective salts, but including the following: (i) Raw opium; (ii) Opium extracts; (iii) Opium fluid extracts; (iv) Powdered opium; (v) Granulated opium; (vi) Tincture of opium; (vii) Codeine; (viii) Ethylmorphine; (ix) Etorphine hydrochloride; (x) Hydrocodone; (xi) Hydromorphone; (xii) Metopon; _ (xiii) Morphine; (xiv) Oxycodone; (xv) Oxymorphone; and (xvi) Thebaine. (2) Any salt, compound, isomer, derivative, or prepa- ration thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (b)(1) of this section, but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, de- rivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine. (1981 Ed.) I i� II (5) Concentrate of poppy straw (The crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrine alkaloids of the opium poppy.) (c) Opiates. Unless specifically excepted or unless in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical desig- nation, dextrorphan excepted: (1) Alphaprodine; (2) Anileridine; (3) Bezitramide; (4) Dihydrocodeine; (5) Diphenoxylate; (6) Fentanyl; (7) Isomethadone; (8) Levomethorphan; (9) Levorphanol; (10) Metazocine; (11) Methadone; (12) Methadone Intermediate, 4—cyano-2—di- methylamino-4, 4—diphenyl butane; (13) Moramide Intermediate, 2—methyl-3— morpholino-1, 1—diphenylpropane—carboxylic acid; (14) Pethidine (meperidene); (15) Pethidine —Intermediate —A, 4—cyano—l— methyl-4—phenylpiperidine; (16) Pethidine Intermediate B, ethyl-4— phenylpiperidine-4--carboxylate; (17) Pethidine Intermediate C, 1—methyl-4— phenylpiperidine-4—carboxylic acid; (18) Phenazocine; (19) Piminodine; (20) Racemethorphan; (21) Racemorphan. (d) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture,.or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers; (2) Methamphetamine, its salts, isomers, and salts of its isomers; (3) Phenmetrazine and its salts; (4) Methylphenidate. (e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the spe- cific chemical designation: (1) Amobarbital; (2) Methaqualone; (3) Pentobarbital; (4) Phencyclidine; (5) Phencyclidine immediate precursors; (i) 1—phenylcyclohexylamine; (ii) 1—piperidinocyclohexanecarbonitrile (PCC); (6) Secobarbital. [1980 c 138 § 2; 1971 ex.s. c 308 § 69.50.206.] 69.50.208 Schedule III. (a) The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule I11. (b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, iso- mers, and salts of isomers is possible within the specific chemical designation: (1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule 11 which compounds, mixtures, or preparations are referred to as excepted compounds in Schedule III as published in 21 CFR 1308.13(b)(1) as of April 1, 1979, and any other drug of the quantitive composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances; (2) Benzphetamine; (3) Chlorphentermine; (4) Clortermine; (5) Mazindol; (6) Phendimetrazine. (c) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Any compound, mixture, or preparation containing: (i) Amobarbital; (ii) Secobarbital; (iii) Pentobarbital; or any salt thereof and one or more other active medici- nal ingredients which are not listed in any schedule; (2) Any suppository dosage form containing: (i) Amobarbital; (ii) Secobarbital; (iii) Pentobarbital; or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository; (3) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid; (4) Chlorhexadol; (5) Glutethimide; (6) Lysergic acid; (7) Lysergic acid amide; (8) Methyprylon; (9) Sul fond iethyl methane; (10) Sulfonethylmethane; (11) Sulfonmethane. (d) Nalorphine. (e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, com- pound, mixture, or preparation containing limited quan- tities of any of the following narcotic drugs, or any salts thereof calculated as the free anhydrous base or alka- loid, in limited quantities as set forth in paragraph (e) of this section: (1) Not more than 1.8 grams of codeine per 100 mill- iliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline al- kaloid of opium; (2) Not more than 1.8 grams of codeine per 100 mill- iliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in iec- ognized therapeutic amounts; (3) Not more than 300 milligrams of dihydrocodei- none per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium; (4) Not more than 300 milligrams of dihydrocodei- none per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; (5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dos- age unit, with one or more active, nonnarcotic ingredi- ents in recognized therapeutic amounts; (6) Not more than 300 milligrams of a±hylmorphine per 100 milliliters or not more than 15 milligrams per. dosage unit, with one or more ingredients in recognized therapeutic amounts; (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milli- grams per dosage unit, with one or more active, nonnar- cotic ingredients in recognized therapeutic amounts; (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. [1980 c 138 § 3; 1971 ex.s. c 308 § 69.50.208.] 69.50.210 Schedule IV. (a) The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule IV. (b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, com- pound, mixture, or preparation which contains any difenoxin, or its salts calculated as the free anhydrous base or alkaloid, in limited quantities as follows: Not more than 1 milligram and not less than 25 micrograms of atropine sulfate per dosage unit. (c) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the spe- cific chemical designation: (1) Barbital; (2) Chloral betaine; (3) Chloral hydrate; (4) Chlordiazepoxide; (5) Clonazepam; (6) Clorazepate; (7) Diazepam; (8) Ethchlorvynol; (9) Ethinamate; (10) Flurazepam; (11) Lorazepan; (12) Mebutamate; (13) Meprobamate; (14) Methohexital; (15) Methylphenobarbital (mephobarbital); (16) Oxazepam; (17) Paraldehyde; (18) Petrichloral; (19) Phenobarbital; (20) Prazepam. (d) Fenfluramine. Any material, compound, mixture, or preparation which contains any quantity of fenfluramine, including its salts, isomers (whether opti- cal, position, or geometric), and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible. (e) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, iso- mers, and salts of isomers is possible within the specific chemical designation: (1) Diethylpropion; (2) Phentermine; (3) Pemoline (including organometallic complexes and chelates thereof). (f) Other substances. Unless specifically excepted or unless listed in another schedule, any material, com- pound, mixture, or preparation which contains any quantity of the following substances, including its salts: (1) Dextropropoxphene (alpha — (+) — 4 — dimethyl- amino—1, 2—diphenyl — 3 — methyl — 2 — propionoxybutane); (2) Pentazocine. [1981 c 147 § 2; 1980 c 138 § 4; 1971 ex.s. c 308 § 69.50.210.] 69.50.212 Schedule V. (a) The drugs and other sub- stances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule V. (b) Narcotic drugs containing nonnarcotic active me- dicinal ingredients. Any compound, mixture, or prepara- tion containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alka- loid, in limited quantities as set forth in this section, which shall include one or more nonnarcotic active me- dicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams; (4) Not, more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; (6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dos- age unit; (c) Loperamide. [1980 c 138 § 5; 1971 ex.s. c 308 § 69.50.212.1 (1981 Ed.) EXHIBIT C 69.50.301 Rules. The state board of pharmacy may promulgate rules and charge reasonable fees of not less than ten dollars or more than fifty dollars relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state. [1971 ex.s. c 308 § 69.50.301.) 69.50.302 Registration requirements. (a) Every per- son who manufactures, distributes, or dispenses any con- trolled substance within this state or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this state, must obtain annually a registration issued by the state board of pharmacy in accordance with its rules. (b) Persons registered by the board under this chapter to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those sub- stances to the extent authorized by their registration and in conformity with the other provisions of this Article. (c) The following persons need not register and may lawfully possess controlled substances under this chapter: (1) an agent or employee of any registered manufac- turer, distributor, or dispenser of any controlled sub- stance if he is acting in the usual course of his business or employment: Provided, That this exemption shall not include any agent or employee distributing sample con- trolled substances to practitioners without an order; (2) a common or contract carrier or warehouseman, or an employee thereof, whose possession of any con- trolled substance is in the usual course of business or employment; (3) an ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance. (d) The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety: Provided, That personal practitioners li- censed or registered in the state of Washington under the respective professional licensing acts shall not be re- quired to be registered under this chapter unless the specific exemption is denied pursuant to RCW 69.50.305 for violation of any provisions of this chapter. (e) A separate registration is required at each princi- pal place of business or professional practice where the applicant manufactures, distributes, or dispenses con- trolled substances. (f) The board may inspect the establishment of a reg- istrant or applicant for registration in accordance with the board's rule. [1971 ex.s. c 308 § 69.50.302.] 69.50.303 Registration. (a) The state board of phar- macy shall register an applicant to manufacture or dis- tribute controlled substances included in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and 69.50- .212 unless it determines that the issuance of that regis- tration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors: (1) maintenance of effective controls against diversion of controlled substances into other than legitimate medi- cal, scientific, or industrial channels; (2) compliance with applicable state and local law; (3) any convictions of the applicant under any federal and state laws relating to.any controlled substance; (4) past experience in the manufacture or distribution of controlled substances, and the existence in the appli- cant's establishment of effective controls against diversion; (5) furnishing by the applicant of false or fraudulent material in any application filed under this chapter; (6) suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense con- trolled substances as authorized by federal law; and (7) any other factors relevant to and consistent with the public health and safety. (b) Registration under subsection (a) does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration. (c) Practitioners must be registered, or exempted un- der RCW 69.50.302(d), to dispense any controlled sub- stances or to conduct research with controlled substances in Schedules II through V if they are authorized to dis- pense or conduct research under the law of this state. The board need not require separate registration under this Article for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered un- der this Article in another capacity. Practitioners regis- tered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this state upon furnishing the board evidence of that federal registration. (d) Compliance by manufacturers and distributors with the provisions of the federal law respecting regis- tration entitles them to be registered under this chapter upon application and payment of the required fee. [1971 ex.s. c 308 § 69.50.303.] 69.50.304 Revocation and suspension of registration. (a) A registration, or exemption from registration, under RCW 69.50.303 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the state board of pharmacy upon a finding that the registrant: (1) has furnished false or fraudulent material infor- mation in any application filed under this chapter; (2) has been found guilty of a felony under any state or federal law relating to any controlled substance; or [Title 69 RCW—p 58] (1981 Ed.) (3) has had his federal registration suspended or re- voked to manufacture, distribute, or dispense controlled substances. (b) The board may limit revocation or suspension of a registration to the particular controlled substance or schedule of controlled substances, with respect to which grounds for revocation or suspension exist. (c) If the board suspends or revokes a registration, all controlled substances owned or possessed by the regis- trant at the time of suspension or the effective date of the revocation order may be placed under seal. No dis- position may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled sub- stances may be forfeited to the state. (d) The board shall promptly notify the Bureau of all orders suspending or revoking registration and all forfei- tures of controlled substances. [1971 ex.s. c 308 § 69.50.304.] 69.50.305 Procedure for denial, suspension or revo- cation of registration. (a) Any registration, or exemption from registration, issued pursuant to the provisions of this chapter shall not be denied, suspended, or revoked unless the board denies, suspends, or revokes such regis- tration, or exemption from registration, by proceedings consistent with the administrative procedure act, chapter 34.04 RCW. (b) The board may suspend any registration simulta- neously with the institution of proceedings under RCW 69.50.304, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspen- sion shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction. [1971 ex.s. c 308 § 69.50.305.1 69.50.306 Records of registrants. Persons registered, or exempted from registration under RCW 69.50.302(d), to manufacture, distribute, dispense, or administer controlled substances under this chapter shall keep records and maintain inventories in conformance with the record —keeping and inventory requirements of federal law and with any additional rules the state board of pharmacy issues. [1971 ex.s. c 308 § 69.50.306.1 69.50.307 Order forms. Controlled substances in Schedule I and II shall be distributed by a registrant or person exempt from registration under RCW 69.50.302(d) to another registrant, or person exempt from registration under RCW 69.50.302(d), only pursu- ant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section. [1971 ex.s. c 308 § 69.50.307.] 69.50.308 Prescriptions. (a) Except when dispensed directly by a practitioner authorized to prescribe or ad- minister a controlled substance to an ultimate user, no controlled substance in Schedule I1 may be dispensed without the written prescription of a practitioner. (b) In emergency situations, as defined by rule of the state board of pharmacy, Schedule II drugs may be dis- pensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Pre- scriptions shall be retained in conformity with the re- quirements of RCW 69.50.306. No prescription for a Schedule II substance may be refilled. (c) Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled sub- stance to an ultimate user, a controlled substance in- cluded in Schedule III or IV, which is a prescription drug as determined under RCW 69.04.560, shall not be dispensed without a written or oral prescription of a practitioner. Any oral prescription must be promptly re- duced to writing. The prescription shall not be filled or refilled more than six months after the date thereof or be refilled more than five times, unless renewed by the practitioner. (d) A valid prescription or lawful order of a practi- tioner, in order to be effective in legalizing the posses- sion of controlled substances, must be issued in good faith for a legitimate medical purpose by one authorized to prescribe the use of such controlled substance. An or- der purporting to be a prescription not in the course of professional treatment is not a valid prescription or law- ful order of a practitioner within the meaning and intent of this chapter; and the person who knows or should know that he is filling such an order, as well as the per- son issuing it, can be charged with a violation of this chapter. (e) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose. [1971 ex.s. c 308 § 69.50.309.1 69.50.309 Containers. A person to whom or for whose use any controlled substance has been prescribed, sold, or dispensed by a practitioner, and the owner of any animal for which such controlled substance has been prescribed, sold, or dispensed may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same. [1971 ex.s. c 308 § 69.50.309.1 �. EXHIBIT D 69.50.505 Seizure and forfeiture (as amended by 1981 c 67). (Ef- fective July 1, 1982.) (a) The following are subject to seizure and forfeiture: (1) All controlled substances which have been manufactured, dis- tributed, dispensed, or acquired in violation of this chapter; (2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, pro- cessing, delivering, importing, or exporting any controlled substance in violation of this chapter; (3) All property which is used, or intended for use, as a container for property described in paragraphs (1) or (2); (4) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facili- tate the transportation, for the purpose of sale or receipt of property described in paragraphs (1) or (2), but: (i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture un- der this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter; (ii) No conveyance is subject to forfeiture under this section by rea- son of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; (iii) A conveyance is not subject to forfeiture for a violation of *RCW 69.50.401(c); and, (iv) A forfeiture of a conveyance encumbered by a bona fide secu- rity interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and (5) All books, records, and research products and materials, includ- ing formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter. (b) Property subject to forfeiture under this chapter may be seized by any board inspector or law enforcement officer of this state upon process issued by any superior court having jurisdiction over the prop- erty. Seizure without process may be made if: (1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter; (3) A board inspector or law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) The board inspector or law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter. (c) In the event of seizure pursuant to subsection (b), proceedings for forfeiture shall be deemed commenced by the seizure. The law en- forcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fif- teen day period following the seizure. (d) If no person notifies the seizing law enforcement agency in writ- ing of the person's claim of ownership or right to possession of items specified in subsection (a)(4) of this section within forty—five days of the seizure, the item seized shall be deemed forfeited. (e) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (a)(4) of this section within forty—five days of the seizure, the person or persons shall be afforded a reason- able opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the article or articles involved is more than five hundred dollars. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees. The burden of producing evi- dence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of items speci- fied in subsection (a)(4) of this section. The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to posses- sion thereof of items specified in subsection (a)(4) of this section. (f) When property is forfeited under this chapter the board or seiz- ing law enforcement agency may: (1) Retain it for official use or upon application by any law en- forcement agency of this state release such property to such agency for the exclusive use of enforcing the provisions of this chapter; (2) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs; (3) Request the appropriate sheriff or director of public safety to take custody of the property and remove it for disposition in accord- ance with law; or (4) Forward it to the Bureau for disposition. (g) Controlled substances listed in Schedule I, I1, III, IV, and V that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily for- feited to the state. Controlled substances listed in Schedule 1, If, 111, IV, and V, which are seized or come into the possession of the board, the owners of which are unknown, are contraband and shall be sum- marily forfeited to the board. (h) Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in vio- lation of this chapter, or of which the owners or cultivators are un- known, or which are wild growths, may be seized and summarily forfeited to the board. (i) The failure, upon demand by a board inspector or law enforce- ment officer, of the person in occupancy or in control of land or prem- ises upon which the species of plants are growing or being stored to produce an appropriate registration or proof that he is the holder thereof constitutes authority for the seizure and forfeiture of the plants. [1981 c 67 § 32; 1977 ex.s. c 77 § 1; 1971 ex.s. c 308 § 69.50.505.1 AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 5 day of MAY , 1982, affiant posted true and correct copies of the attached Ordinance No. 2293 , passed by the City Council on the 4 day of MAY , 1982, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 5 day of MAY , 1982. SUBSCRIBED AND SWORN to before me this �� day of 19 to Public in and for the State of ashington, residing at ���