HomeMy WebLinkAbout6766 ORDINANCE NO. 6766
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 9.22.010
OF THE AUBURN CITY CODE RELATED TO
CONTROLLED SUBSTANCES
WHEREAS, Auburn City Code (ACC) 9.22.010.B prohibits controlled substance
possession and defines controlled substances by incorporating the state law definition in
RCW 69.50.101 ;
WHEREAS, this RCW section formerly defined controlled substances in its
subsection (f), but the State Legislature and/or State Code Reviser recently amended the
section to move the definition to subsection (g);
WHEREAS, to avoid the need for further ordinance revisions should the legislature
similarly revise this statute again in the future, the reference to the specific subsection
should be eliminated.
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 follows:
A. Restrictions on Marijuana.
1. Except as otherwise authorized by United States Code (USC) Title 21,
Chapter 69.50 or 69.51A RCW, it is unlawful for any person to knowingly grow,
manufacture, process, deliver, or sell marijuana.
2. Except as otherwise authorized by Chapter 69.50 or 69.51A RCW, it is
unlawful for any person aged 21 or older to knowingly possess marijuana in an
amount that violates RCW 69.50.4013(3).
Ordinance No. 6766
March 16, 2020
Page 1 of 3 Rev.2019
3. Except as otherwise authorized by Chapter 69.50 or 69.51A RCW, it 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, usable 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 t unless the substance was obtained
directly from, or pursuant to, a valid prescription or order of a practitioner while acting in
the course of their professional practice.
C. It is unlawful for any person to knowingly possess a legend drug in violation of
Chapter 69.41 RCW.
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.
2. 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.
3. Violation of subsection C of this section is a misdemeanor punishable by
up to 90 days in jail and/or a $1 ,000 fine.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives 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,
Ordinance No. 6766
March 16, 2020
Page 2 of 3 Rev.2019
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance,will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: OCT 1 9 2020
PASSED: OCT 1 9 2020
APPROVED: OCT 1 9 2010
KAY
ATTEST: APPROVED AS TO FORM:
( (,010\51 ^
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Published: tItAly 99" frbriO 60
Ordinance No. 6766
March 16, 2020
Page 3 of 3 Rev.2019