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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. 2 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. 3 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. 4 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 r _ Wr 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