Chapter 9.14
CONTROLLED SUBSTANCES
Sections:
9.14.010 Possession of controlled substance.
9.14.015 RCW Title 69 adopted by reference.
9.14.020 Prohibited acts—Penalties.
9.14.030 Drug paraphernalia—Definitions.
9.14.040 Violation.
9.14.050 Enhanced penalties for drug-related violations.
9.14.010 Possession of controlled substance.
Except as provided for in RCW 69.50.401(a)(1)(iii), any person found guilty of possession of forty grams or less of marijuana shall be guilty of a misdemeanor. (Ord. 97-844 § 28, 1997: Ord. 453 § 9, 1982: Ord. 285 § 1, 1977: Ord. 168 § 2, 1971)
9.14.015 RCW Title 69 adopted by reference.
RCW Title 69, Food, Drug, Cosmetics, and Poisons, is adopted by reference together with any amendments or additions hereafter made to said title. (Ord. 08-15 § 2, 2008)
9.14.020 Prohibited acts—Penalties.
A.1. It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, inject, ingest, inhale or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a misdemeanor.
2. In addition, it is unlawful for any person to possess drug paraphernalia as defined by BGMC 9.14.030. Any person who violates this subsection is guilty of a misdemeanor.
B. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a misdemeanor.
C. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed and intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.
D. Any person eighteen years of age or over who violates subsection B of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior is guilty of a gross misdemeanor. (Ord. 08-04 § 1, 2008: Ord. 97-844 § 29, 1997; Ord. 633 § I (1), 1989)
9.14.030 Drug paraphernalia—Definitions.
A. As used in this chapter, “drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:
1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
4. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
6. Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
11. Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
12. Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls,
b. Water pipes,
c. Carburetion tubes and devices,
d. Smoking and carburetion masks,
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand,
f. Miniature cocaine spoons, and cocaine vials,
g. Chamber pipes,
h. Carburetor pipes,
i. Electric pipes,
j. Air-driven pipes,
k. Chillums,
l. Bongs, and
m. Ice pipes or chillers.
B. In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of any owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of this chapter;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the community; and
14. Expert testimony concerning its use. (1981 c 48 Section 1.) (Ord. 633 § I (2), 1989)
9.14.040 Violation.
Violation of acts prohibited under BGMC 9.14.020 or 9.14.030 is a Class A misdemeanor. (Ord. 633 § I (3), 1989)
9.14.050 Enhanced penalties for drug-related violations.
A. Any person who violates RCW 69.50.401 and the violation occurs in a drug-free zone, which shall include the area in a school, on a school bus, within one thousand feet of a school bus route stop as designated by the school district, within one thousand feet of the perimeter of any school grounds, in any public park, on a public transit vehicle, or in any public transit shelter, may be punished by a fine of up to twice the fine otherwise authorized by this code or Chapter 69.50 RCW, or by both such fine and imprisonment. The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by Chapter 69.50 RCW for an offense.
B. It is not a defense to a prosecution for a violation of this section that a person was unaware that the prohibited conduct took place while in a drug-free zone.
C. It is not a defense to a prosecution for a violation of this section that persons under the age of eighteen were not present in the drug-free zone at the time of the offense or that the school was not in session.
D. It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling or possessing with the intent to manufacture, sell or deliver any controlled substance defined in RCW 69.50.410(A) for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter or Chapter 69.50 RCW.
E. In a prosecution under this section, a map produced by the city for the purpose of depicting the location and boundaries of the drug-free zones or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of the drug-free zones if the city has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the drug-free zones. Any map approved under this section or a true copy of the map shall be filed with the clerk of the city and shall be maintained as an official record of the city. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram other than the one which has been approved by the city if the map or diagram is otherwise admissible under court rule.
F. As used in this section, the following terms have the meanings indicated unless the context clearly requires otherwise:
1. “Drug-free zones” means the area in a school or on a school bus, within one thousand feet of a school bus route stop as designated by the school district, within one thousand feet of the perimeter of any school grounds, or in a public park, on a public transit vehicle or in any public transit shelter;
2. “School” has the meaning under RCW 28A.150.010 or 28A.150.020. The term school also includes a private school approved under RCW 28A.195.010;
3. “School bus” means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system;
4. “Public park” means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government;
5. “Public transit vehicle” means a bus or other motor vehicle operated by a common carrier or by a public agency through a municipal transportation system;
6. “Public transit shelter” means any shelter for passengers on a public transit vehicle that is constructed and maintained through a municipal transportation system or by the city of Battle Ground. (Ord. 99-002 § 1, 1999)