Ordinance 4311ORDINANCE NO. 4311
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.14 OF THE
EDMONDS CITY CODE TO ADOPT STATE STATUTES BY
REFERENCE RELATED TO COUNTERFIET SUBSTANCES
AND LEGEND DRUGS; DECLARING A STATEMENT OF
URGENCY; PROVIDING FOR SEVERABILITY; AND
SETTING THE EFFECTIVE DATE.
WHEREAS, in February 2021, the Washington State Supreme Court declared
unconstitutional Washington's felony drug possession laws which criminalized the unknowing
possession of controlled substances; and
WHEREAS, in July 2021, the Legislature adopted temporary legislation expiring July 1,
2023, making it a misdemeanor to knowingly possess controlled substances but requiring law
enforcement to refer individuals for assessment and treatment for their first two arrest before the
individual could be prosecuted for their third arrest; and
WHEREAS, the July 2021 legislation proved impossible for law enforcement to
implement; and
WHEREAS, to ensure state-wide consistency in drug possession and use laws, during a
special legislative session this May, the State Legislature passed legislation (SB 5536 the so-
called Blake -fix) effective July 1, 2023, that makes knowing possession and public use of
controlled substances and counterfeit substances gross misdemeanors; and
WHEREAS, the bill also makes knowing possession and public use of non-prescription
legend drugs misdemeanors; and
WHEREAS, the bill does not mandate but encourages pre-trial diversion; and
WHEREAS, the state fully occupies and preempts the entire filed of controlled
substances and drug paraphernalia and Edmonds ordinances must be consistent with state law;
and
WHEREAS, the SB 5536 was signed by the Governor on May 16, 2023; and
WHEREAS, the City Council of Edmonds adopts state criminal statutes by reference to
obtain jurisdiction to prosecute misdemeanor and gross misdemeanor offenses; and
WHEREAS, the City Council would like to amend Edmonds City Code Chapter 5.14,
entitled "Controlled Substances, Paraphernalia, Poisons And Toxic Fumes", to ensure
Edmonds's jurisdiction to arrest and prosecute misdemeanors and gross misdemeanors related to
the knowing possession and public use of counterfeit substances, controlled substances and non-
prescription legend drugs;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 5.14.010 of the Edmonds City Code, entitled "State statutes adopted
by reference.", is hereby amended to read as follows (new text in underline; deleted text in
strikethrough):
5.14.010 State statutes adopted by reference.
A. Effect of Adopting State Statutes by Reference.
1. If any section, subsection, sentence, or provision of this title, or its application to any
person or circumstance is held invalid, the remainder of this title, or the application of the
section, subsection, sentence or provision to other persons or circumstances is not
affected, and to this end, the sections, subsections, sentences and provisions of this title
are declared to be severable.
2. By adopting state statutes, the city intends to assume jurisdiction over and become the
jurisdictional authority for the enforcement and prosecution of misdemeanor and gross
misdemeanor crimes. Whenever the word "state" shall appear in any statute adopted by
reference in this title, the word "city" shall be substituted therefor; provided, however, the
term "city" shall not be substituted for the term "state" in those circumstances which set
forth administrative or licensing duties of the state and its subdivisions.
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3. Whenever a state statute specifically adopted in this title refers to another state statute
not specifically adopted in this title, the statute referred to shall be given the force and
effect necessary to enforce the statute specifically adopted in this title.
4. Any section of this title that is repealed or amended by ordinance shall remain in full
force and effect until the effective date of the ordinance repealing or amending the
section. Any state statute that is adopted by reference which is later amended, repealed,
or recodified shall remain in full force and effect until the effective date of the legislative
act that repeals, recodifies, or amends the state statute. The amendment or recodification
of any state statute adopted in this title shall be given its full force and effect upon the
effective date of its amendment or recodification.
5. When issuing a citation, information, or complaint for the violation of any section of
the RCW adopted by this title, it shall be sufficient for a commissioned officer or
prosecutor to cite to and refer to the RCW section number.
B. The following statutes of the state of Washington, including all future amendments, are
adopted by reference as if set forth in full herein:
RCW
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine — Sales restrictions — Electronic
sales tracking system — Penalty_
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine — Possession of more than
fifteen grams — Penalty — Exceptions_
69.43.130 Exemptions — Pediatric products — Products exempted by the State e
pharmacy quay assurance commission.
69.50.101 Definitions.
69.50.102 Drug paraphernalia — Definitions.
69.50.201 Enforcement of chapter — Authority to change schedules of controlled substances_
69.50.202 Nomenclature.
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69.50.204
(c)(2217) Schedule I — Mar-ij tata-Cannab is.
69.50.309 Containers.
69.50.360 Cannabis retailers, employees of retail outlets — Certain acts not criminal
or civil offenses.
69.50.363 bra —Cannabis processors, employees — Certain acts not criminal or civil
offenses_
69.50.366 "emu Cannabis producers, employees — Certain acts not criminal or civil
offenses,
69.50.4011 Counterfeit substances — Penalties.
69.50.4013 Possession of controlled substance--Penally—Possession of useable cannabis
cannabis concentrates. or cannabis-infusedproducts—Delive .
69.50.4014 Possession of forty rams or less of cannabis —Penal .
69.50.412 Prohibited acts: E — Penalties, (as amendedby 2013 e
69.50.4121 Drug paraphernalia— Selling or giving —Penalty,
69.50.420 Violations — Juvenile driving privileges,
69.50.445 Opening or consuming package containing cannabis, useable �a
cannabis, or fnar-ijuana- cannabis -infused product in view of general public — Penalty,
69.50.505 Seizure and forfeiture,
69.50.506 Burden ofproof, liabilities.
69.50.509 Search and seizure of controlled substances.
C. Notwithstanding the RCW sections that are specifically adopted by reference in subsection
(B) of this section, all RCW sections that constitute misdemeanors and gross misdemeanors and
the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement,
and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as
currently enacted or as hereafter amended or recodified from time to time, and shall be given the
same force and effect as if set forth herein in full.
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D. All class C felony crimes set forth in the RCW are hereby adopted by reference for the
purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in
Chapter 9A.28 RCW. The adoption of class C felonies shall be subject to the provisions of
subsections (A) and (C) of this section.
Section 2. Section 5.14.015 of the Edmonds City Code, entitled "Possession of legend
drug without prescription or order prohibited.", is hereby amended to read as follows (new text
in underline; deleted text in strikethrough):
5.14.015 Possession of legend drug without prescription or order prohibited.
WNWORM
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EMPIPPER
assessment,
e Lill [iLm, or- other ..1V• •.wws.
The following statutes of the state of Washington. including all future amendments. are ado ted
by reference as if set forth in full herein:
RC W
69.41.030 Sale delivery, or Uossession of legend drug without prescription or order prohibited
— Exceptions_— Penalty.
Section 3. Statement of Urgency. This ordinance is necessary for immediate preservation
of public peace, health, and safety or for the support of city government and its existing public
institutions.
Section 4. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 5. Effective Date. Pursuant to RCW 35A.11.090(2), this ordinance shall take
effect immediately upon final passage, if passed by a unanimous vote of the council. If passed by
assessment,
e Lill [iLm, or- other ..1V• •.wws.
The following statutes of the state of Washington. including all future amendments. are ado ted
by reference as if set forth in full herein:
RC W
69.41.030 Sale delivery, or Uossession of legend drug without prescription or order prohibited
— Exceptions_— Penalty.
Section 3. Statement of Urgency. This ordinance is necessary for immediate preservation
of public peace, health, and safety or for the support of city government and its existing public
institutions.
Section 4. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 5. Effective Date. Pursuant to RCW 35A.11.090(2), this ordinance shall take
effect immediately upon final passage, if passed by a unanimous vote of the council. If passed by
a less than unanimous vote of the council, this ordinance is subject to referendum and shall take
effect thirty (30) days after final passage of this ordinance.
APPROVED:
MAYO"ICHAEL NELSON
ATTEST/AUTHENTICATED:
A��
CITY CLERIC; s TT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK: June 26, 2023
PASSED BY THE CITY COUNCIL: June 27, 2023
PUBLISHED: June 30, 2023
EFFECTIVE DATE: June 27, 2023
ORDINANCE NO. 4311
VA
SUMMARY OF ORDINANCE NO. 4311
of the City of Edmonds, Washington
On the 27th day of June, 2023, the City Council of the City of Edmonds, passed
Ordinance No. 4311. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.14 OF THE
EDMONDS CITY CODE TO ADOPT STATE
STATUTES BY REFERENCE RELATED TO
COUNTERFIET SUBSTANCES AND LEGEND
DRUGS; DECLARING A STATEMENT OF URGENCY;
PROVIDING FOR SEVERABILITY; AND SETTING
THE EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 27th day of June, 2023.
sa-T�-
CITY CLERK,- TT PASSEY
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually 'as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH979745 ORDINANCE 4311
as it was published in the regular and entire
issue of said paper and not as a supplement
form thereof for a period of 1 issue(s), such
publication commencing on 06/30/2023 and
ending on 06/30/2023 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of he fee for su zu
$25.80.
Subscribed and sworn (ore me on this
day of
Notary Public in and for the State of
Washington.
City of Edmunds -LEGAL ADS 114101416
SCOTV PASSEY
_M"�
Urlda Phillips
fvatary Public
State rif LNnahin ion
MYAOPWwm,,ns Exf!ile;
r;v» Cmm�-;.onrlum�ur �;1�
Classified Proof
��iiDINANCE SIJM4d7�Y
of lha Ity 0 mo S, h UtDR
On the 27th day of Juno 20Y3, the Cily CBtrncll of the City of
Edmonds, passed U1e lapowirrg ortLfrenCe, the summary of said
ordinance eans3sGng of Ntle is provided as follows_
ORDINANCE_ NO.4351
AN ORDINANCE OFD$, WASHINGTON,
A14FUDING3 CHAPTER S.14 OF THE EOMONDS CITY CODE TO
ADOPT STATE STATUTES BY REFERENCE RELATED TO
COUNTERFIET SUBSTANCES AND LEGEND DRUGS;
DECLARING A STATEMENT OF DRGENCY; PROVIDING FOR
SEVERABILITY;AND SETT INGTHE F.FFECTNE DATE.
DATED this 271h Dfly Of Auna.2023
CITY CLERK. SCOTT PASSEV
Published: June 30, 2023 EDH979745
Proofed by Boyd, Maggie, 06/30/2023 09:06:54 am Page: 2