Ordinance 4231ORDINANCE NO. 4231
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 5.14 ECC (CONTROLLED
SUBSTANCES, PARAPHERNALIA, POISONS, AND TOXIC
FUMES) TO ADDRESS CHANGES IN LAW IMPLEMENTED BY
SB 5476 (STATE V. BLAKE); PROVIDING FOR SEVERABILITY;
AND SETTING AN EFFECTIVE DATE.
WHEREAS, in February 2021, the Washington State Supreme Court issued an opinion
in the case of State v. Blake declaring that RCW 69.50.4013, which made it a felony to possess controlled
substances even if the person had no knowledge of the drug possession, violates the due process clause
of the state and federal constitutions and is therefore void; and
WHEREAS, in May 2021, Governor Inslee signed into law SB 5476, described in the
bill in part as "An Act relating to responding to the State v. Blake decision by addressing justice system
responses and behavioral health prevention, treatment and related services for individuals using or
possessing controlled substances, counterfeit substances, and legend drugs...'; and
WHEREAS, SB 5476 addresses the State v. Blake decision in part by amending
Chapters 69.41 and 69.50 RCW to establish that: (a) only "knowing" possession of a controlled
substance, counterfeit substance, or legend drug is unlawful; (b) such knowing possession is a
misdemeanor; and (c) prosecutors are encouraged to divert such cases for assessment, treatment, and
other services; and
WHEREAS, Chapter 5.14 ECC (Controlled Substances, Paraphernalia, Poisons, and
Toxic Fumes), which addresses certain crimes, including crimes relating to drug possession as set forth
in Chapters 69.41 and 69.50 RCW, requires updating to address the changes to these laws; and
WHEREAS, after review and discussion, the City Council has determined it to be
appropriate to amend Chapter 5.14 ECC as proposed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. ECC 5.14.015 is amended to read as follows (new text is shown in
underline):
5.14.015 Possession of legend drug without prescription or order prohibited.
A. The definitions set forth in RCW 69.4 1.010 shall apply to terms in this section.
B. It shall be unlawful for any person to knowingly possess any legend drug except upon the order
or prescription of a physician under Chapter 18.71 RCW, an osteopathic physician and surgeon
under Chapter 18.57 RCW, an optometrist licensed under Chapter 18.53 RCW who is certified by
the optometry board under RCW 18.53.010, a dentist under Chapter 18.32 RCW, a podiatric
physician and surgeon under Chapter 18.22 RCW, a veterinarian under Chapter 18.92 RCW, a
commissioned medical or dental officer in the United States armed forces or public health service
in the discharge of his or her official duties, a duly licensed physician or dentist employed by the
veterans administration in the discharge of his or her official duties, a registered nurse or advanced
registered nurse practitioner under Chapter 18.79 RCW when authorized by the nursing care quality
assurance commission, an osteopathic physician assistant under Chapter 18.57A RCW when
authorized by the board of osteopathic medicine and surgery, a physician assistant under
Chapter 18.71 A RCW when authorized by the medical quality assurance commission, a physician
licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine
and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to
practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine,
in any province of Canada which shares a common border with the state of Washington or in any
state of the United States; provided, however, that the above provisions shall not apply to sale,
delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or
to any practitioner acting within the scope of his or her license, or to a common or contract carrier
or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual
course of business or employment; provided further, that nothing in this chapter or
Chapter 18.64 RCW shall prevent a family planning clinic that is under contract with the Department
of Social and Health Services from selling, delivering, possessing, and dispensing commercially
prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners.
C. This section shall not prevent a Medicare -approved dialysis center or facility operating a
Medicare -approved home dialysis program from selling, delivering, possessing, or dispensing
directly to its dialysis patients, in case or full shelf lots, if prescribed by a physician licensed under
Chapter 18.57 or 18.71 RCW, those legend drugs determined by the board pursuant to rule.
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D. A violation of this section is a misdemeanor. The prosecutor is encouraged to divert such cases
for assessment, treatme_n_h or other services.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAY MIKE NELSON
ATTEST/AUTHENTICATED:
CLERK, SCOTT P EY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY _
JEFF TARADAY
FILED WITH THE CITY CLERK: August 13, 2021
PASSED BY THE CITY COUNCIL: August 17, 2021
PUBLISHED: August 20, 2021
EFFECTIVE DATE: August 25, 2021
ORDINANCE NO. 4231
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SUMMARY OF ORDINANCE NO. 4231
of the City of Edmonds, Washington
On the 17'x' day of August, 2021, the City Council of the City of Edmonds, passed
Ordinance No. 4231. 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 ECC (CONTROLLED SUBSTANCES,
PARAPHERNALIA, POISONS, AND TOXIC FUMES) TO ADDRESS
CHANGES IN LAW IMPLEMENTED BY SB 5476 (STATE V.
BLAKE); PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
The full tent of this Ordinance will be mailed upon request.
DATED this 17' day of August, 2021.
Ci RK, SCOT!�V
Classified Proof
ORDINANCE SUMMARY
OF the City of Edrnonds. NasNnglan
On the 17th day of August, 202'(, the CiW Co 11 of the City
aI
Edmonds. passed the follawI, Ordlnarree, She summary of said
.16nance co nsisll ng of bile Is providedas follows:
ORDINANCE NO. 4231
AN ORDINANCE OF--TFIE CITY OF EDMONDS,
WASHfNGTON, AMENDING CHAPTER 5.14 ECC
(CONTROLLED SUBSTANCES, PARAPHERNALIA,
POISONS, AND TOXIC PUMESf TO ADDRESS CHANGES
IN LAW tMPLEMENTED BY S8 5476 [STATE V. BLAKE):
PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
T he t0 leAt of this Ordinance will ba sant upon request.
DATED Shia 11M Day of AugufL 2021.
CITY CLERK, SCOTT PASSEY
Published: August 20, 2021. EDH936072
Proofed by Phillips, Linda, 08/20/202109:48:31 am Page: 2
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being fust duly swom, 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
,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 EDH936072 ORDINANCE 4231
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 08/20/2021 and
ending on 08/20/2021 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee for such publication is
$23.
Subscribed and sworn be me on this
- day of
r
Notary Public in and for the State
Washington.
City ofEdmonds - LEGALADS 114101416
SCOrrPASSEY
LirKIS Phinips
MMrY �►1blic
State of W9shirx,� w
MY Appointment mea n�zt=25
COmn`18a Number 4417