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2021-08-10 City Council - Full PSPP Agenda-29291 o Agenda Edmonds City Council PUBLIC SAFETY, PERSONNEL & PLANNING - ZOOM VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 AUGUST 10, 2021, 5:00 PM COUNCIL COMMITTEE MEETINGS ARE HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO VIEW OR LISTEN TO THE COMMITTEE MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. CALL TO ORDER COMMITTEE BUSINESS 1. Ordinance Amending Chapter 5.14 ECC Controlled Substances, Paraphernalia, Poisons and Toxic Fumes (5 min) ADJOURN Edmonds City Council Agenda August 10, 2021 Page 1 2.1 City Council Agenda Item Meeting Date: 08/10/2021 Ordinance Amending Chapter 5.14 ECC Controlled Substances, Paraphernalia, Poisons and Toxic Fumes Staff Lead: Shane Hawley Department: Police Services Preparer: Scott Passey Background/History In May 2021, the Washington State Legislature passed SB 5476 which, among other things, addressed the Washington State Supreme Court ruling in State v. Blake. That ruling held that possession of a controlled substance is unlawful only if done knowingly. SB 5476 revises several sections of Chapters 69.41 and 69.50 RCW which relate to drug possession. Chapter 5.14 ECC, which addresses the possession of legend drugs, currently does not contain the "knowing" element now required under State law. SB 5476 also revises State law to encourage prosecutors to divert drug possession cases for assessment, treatment, or other services. Staff Recommendation City Staff recommends the approval of the proposed Ordinance revising Chapter 5.14 ECC to insert the "knowing" element into the crime of possession of a legend drug without prescription or order, and to include the diversion for "assessment, treatment, or other services" language, as required by State law. Narrative N/A Attachments: Ordinance Amending Chapter 5.14 ECC Packet Pg. 2 2.1.a M 9 0 Qklela D10111 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; Packet Pg. 3 2.1.a 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 69.41.010 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 18.71A 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. Packet Pg. 4 2.1.a D. A violation of this section is a misdemeanor. The prosecutor is encouraged to divert such cases for assessment, treatment, 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: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 5 2.1.a On the Ordinance No. provides as follows: f Iuur lu 1F.11 (I] we] :11171\/_ Torwroa of the City of Edmonds, Washington day of 2021, the City Council of the City of Edmonds, passed A summary of the content of said ordinance, consisting of the title, 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 text of this Ordinance will be mailed upon request. DATED this day of 2021. CITY CLERK, SCOTT PASSEY Packet Pg. 6