2021-08-10 City Council - Full PSPP Agenda-29291
o Agenda
Edmonds City Council
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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
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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;
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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.
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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.
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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
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