Chapter 5.14
CONTROLLED SUBSTANCES, PARAPHERNALIA, POISONS AND TOXIC FUMES
Sections:
5.14.010 State statutes adopted by reference.
5.14.015 Possession of legend drug without prescription or order prohibited.
5.14.020 Possession prohibited.
5.14.030 Inhaling toxic fumes.
5.14.040 Poisons.
5.14.050 Steroids.
5.14.060 Penalty.
5.14.010 State statutes adopted by reference.
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 – 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 board of pharmacy
69.50.101 Definitions
69.50.102 Drug paraphernalia – Definitions
69.50.201 Authority to control
69.50.202 Nomenclature
69.50.204
(c)(14) Schedule I – Marijuana
69.50.309 Containers
69.50.412 Prohibited acts: E – Penalties
69.50.420 Juvenile driving privileges
69.50.425 Minimum penalty
69.50.505 Seizure and forfeiture
69.50.506 Burden of proof
69.50.509 Search and seizure of controlled substances
[Ord. 3734 § 2, 2009; Ord. 2853 § 16, 1991; Ord. 2531, 1985].
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 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.
D. A violation of this section is a misdemeanor. [Ord. 3734 § 3, 2009].
5.14.020 Possession prohibited.
No person shall possess any drug paraphernalia as defined in RCW 69.50.102 with the intent to use or employ the same for manufacturing and/or consuming controlled substances. [Ord. 2531, 1985].
5.14.030 Inhaling toxic fumes.
The following statutes of the state of Washington are adopted by reference:
RCW
9.47A.010 Definition
9.47A.020 Unlawful inhalation – Exception
9.47A.030 Possession of certain substances prohibited, when
9.47A.040 Sale of certain substances prohibited, when
9.47A.050 Penalty
[Ord. 2853 § 17, 1991; Ord. 2531, 1985].
5.14.040 Poisons.
The following state statutes are hereby adopted by reference:
RCW
69.38.010 Poison defined
69.38.020 Exceptions
69.38.030 Poison register
69.38.040 Poison register – Penalty for Violations
69.38.060 License required
[Ord. 2654 § 7, 1988].
5.14.050 Steroids.
The following statutes of the state of Washington, including all future amendments, are adopted by reference as if set forth in full herein:
RCW
69.41.300 Definitions
69.41.320 Practitioners – Restricted use – Medical records
69.41.350(1) Penalties
[Ord. 3734 § 4, 2009; Ord. 2752 § 1, 1990].
5.14.060 Penalty.
Unless otherwise indicated by this section of the municipal code, or by state statute, any person violating any part of this section shall be guilty of a misdemeanor, and shall be punished by a fine of not to exceed $1,000 and/or by jail not to exceed 90 days. [Ord. 2853 § 18, 1991].