HomeMy WebLinkAbout6697 ORDINANCE NO. 6697
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON RELATING TO
CRIMINAL OFFENSES, AMENDING SECTION
9.22.010 OF THE AUBURN CITY CODE
WHEREAS, the City Council adopted Ordinance No. 6689 on August 20,
2018, which amended (in part) Section 9.22.010 of the Auburn City Code related
to controlled substances; and,
WHEREAS, those amendments did not include language related to the
permissible possession of marijuana under Chapters 69.50 and 69.41A of the
Revised Code of Washington; and,
WHEREAS, staff recommends adoption of these technical corrections to
make the City's ordinance consistent with state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 9.22.010 of the
Auburn City Code is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement
those administrative procedures necessary to carry out the directions of this
legislation.
Section 3. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application of this ordinance to any person or circumstance will not affect the
Ordinance No. 6697
October 16, 2018
Page 1 of 2
validity of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: NOV 0;5 2018
PASSED: NOV 0.5 2018
NOV 0.5 2O18
APPROVED:
N NCY BASMA OR
ATTEST:
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Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
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Steven L. Gross, City Attorney
Published: `C".ov fa ..., �ac\S -- --''s ---- --\-1 \ s
Ordinance No. 6697
October 16, 2018
Page 2 of 2
Exhibit A
9.22.010 Controlled substances prohibited.
A. Restrictions on marijuana.
1. Except as otherwise authorized by-United States Code(USC) Title 21s and,zef byRCW
69.501: 1013(1)„ or RCW 69.51A,it is unlawful for any person to knowingly grow, manufacture,
process, deliver, or sell marijuana.
2. Except as otherwise authorized by RCW 69.50 or RCW 69.51A,.ift is unlawful for any person
aged 21 or older to knowingly possess marijuana in an amount that violates RCW
69.50.4013(3)(4
3. Except as otherwise authorized by RCW 69.50 or RCW 69.51A, lit is unlawful for any person
under age 21 to knowingly possess marijuana in any amount.
4. :"Marijuana," also known as"marihuana,"means all parts of the plant genus Cannabis and all
of its species, subspecies, taxa and hybridizations, whether growing or not; the seeds thereof; the
resins extracted from any part of the plant; and every compound,manufacture, salt,derivative,
mixture, or preparation of such plant, its seeds or resin, and includes all marijuana concentrates,
useable marijuana, and marijuana-infused products. Such term does not include the mature stalks
of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any
other compound,manufacture, salt, derivative,mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber,oil, or cake, or the sterilized seed of such plant
which is incapable of germination.
B. It is unlawful for any person to knowingly possess a controlled substance other than
marijuana as defined by RCW 69.50.101(f)unless the substance was obtained directly from, or
pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her
professional practice.
C. It is unlawful for any person to knowingly possess a legend drug in violation of RCW 69.41.
D. Penalties.
1. Violation of subsection A of this section is a misdemeanor. For a first offense, the maximum
penalty shall be 90 days in jail and/or a $1,000 fine. For a second or subsequent offense, the
maximum penalty shall be 180 days in jail and/or a$2,000 fine. For a first offense, there shall be
Exhibit A
a mandatory minimum penalty of 1 day in jail and a$250 fine. For a second or subsequent
offense, there shall be a mandatory minimum penalty of 1 day in jail and a$500 fine.
2-1-. Violation of subsection B of this section is a gross misdemeanor punishable by up to-364
days in jail and/or a$5,000 fine.
32. Violation of subsection C f this section is a misdemeanor punishable
by up to 90 days in jail and/or a$1,000 fine.
(Ord. 6595 § 4, 2016; Ord. 6525 § 4, 2014; Ord. 6300 § 1, 2010; Ord. 5682 § 1, 2002.)