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Chapter 10.15
Offenses Involving DrugsSections:
10.15.010 Findings.
10.15.020 Loitering for the Purpose of Engaging in Drug-Related Activity.
10.15.030 Penalty.
10.15.040 Chapter Cumulative.
10.15.050 Chapter Severable.
10.15.070 Enforcement Policy.
10.15.100 Controlled, Counterfeit Substances – Prohibited Acts.
10.15.110 Drug Paraphernalia – Prohibited acts.
10.15.115 Selling or Giving Drug Paraphernalia.
10.15.120 Sale, Delivery, or Possession of Legend Drug without Prescription or Order Prohibited – Exceptions.
10.15.130 Report to State Board of Pharmacy – List of Substances – Modification of List – Identification of Purchasers – Report of Transactions – Penalties.
10.15.140 Receipt of Substance From Source Outside State – Report – Penalty.
10.15.150 Report of Suspicious Transaction.
10.15.160 Record of Sale or Transfer.
10.15.170 Recordkeeping Compliance.
10.15.180 Permit to Sell, Transfer, Furnish, or Receive Substance – Exemptions – Application for Permit – Fee Renewal Penalty.
10.15.190 Unlawful Transactions.
10.15.200 Unlawful Possession.
10.15.210 Exceptions.
10.15.010 Findings.
A. The Legislature of the State of Washington, in connection with the passage of chapter 150, Laws of 1988, has found the illegal use, sale and manufacture of drugs and other drug-related activities to be a state-wide problem.
B. Innocent persons, especially children, who come into contact with illegal drug-related activity within this city and their own neighborhoods are seriously and adversely affected.
C. The city council has been made acutely aware by citizens and citizen groups of this city and by the police department of increased, widespread, illegal drug-related activities occurring throughout the city.
[Ord. C29284; Passed: 1/30/1989]
Cross Reference: RCW 59.18.130.
10.15.020 Loitering for the Purpose of Engaging in Drug-Related Activity.
A. No person may loiter in or near any thoroughfare, skywalk, park, school, or any place open to the public in a manner and under circumstances manifesting a purpose to engage in drug-related activity contrary to any of the provisions of RCW chapter 69.41, 69.50, or 69.52.
B. No arrest may be made under this section unless the arresting officer first affords the subject an opportunity to explain such conduct. It is a defense under this section that the explanation given was true and disclosed a lawful purpose.
C. Circumstances which may be considered in determining whether a purpose to engage in drug-related activity contrary to any of the provisions of RCW chapter 69.41, 69.50, or 69.52 is manifested include, but are not limited to, the following:
1. The person is a known unlawful drug user. A “known unlawful drug user” is a person who:
a. has, within the knowledge of the arresting officer, been convicted:
i. in any court within this state, including a juvenile court, of any violation involving the use, possession, or sale of any of the substances referred to in RCW chapters 69.41, 69.50 and 69.52; or
ii. of any violation of any of the provisions of said chapters of the Revised Code of Washington or substantially similar laws of (1) any political subdivision of this state, or (2) any other state; or
b. displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or
c. possesses drug paraphernalia as defined in RCW chapter 69.50; or
d. has, within the knowledge of the arresting officer, used, possessed, or sold any controlled substance in violation of any of the provisions of RCW chapter 69.41, 69.50, or 69.52, regardless of whether the person was arrested for such use, possession, or sale.
2. The person is currently subject to an order prohibiting his or her presence in a high drug activity geographic area.
3. The area involved is by public repute known to be an area of unlawful drug use and trafficking.
4. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to RCW chapter 69.53.
5. The person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including by way of example only, acting as “lookout.”
6. The person is identified by the officer as a member of an association, group, organization, or gang which has illegal drug activity as one it its significant characteristics, history, or purpose.
7. The person transfers small objects or packages for currency in a furtive fashion.
8. The person takes flight upon the appearance of a police officer.
9. The person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity.
10. The person refuses to identify himself or herself upon request of an identified police officer.
11. There is being used a vehicle, known to be registered to a:
a. known unlawful drug user, or
b. person for whom there is an outstanding warrant for a crime involving drug-related activity.
D. In determining whether a person is manifesting a purpose to engage in drug-related activity contrary to any of the provisions of RCW chapter 69.41, 69.50, or 69.52, the cumulative knowledge of all officers involved may be considered by the arresting officer.
[Ord. C29284; Passed: 1/30/1989]
10.15.030 Penalty.
The penalty for violation of SMC 10.15.020 is a fine not to exceed five thousand dollars, or imprisonment for not more than one year, or both such fine and imprisonment, for each offense.
[Ord. C29284; Passed: 1/30/1989]
10.15.040 Chapter Cumulative.
The provisions of this chapter are intended to be cumulative and selective and they do not repeal any other ordinance involving the same subject matter.
[Ord. C29284; Passed: 1/30/1989]
10.15.050 Chapter Severable.
If any provision of this chapter be held invalid, such invalidity shall not affect any other provision, or the application thereof, which can be given effect without the invalid provision or application. Thus, this chapter is declared to be severable.
[Ord. C29284; Passed: 1/30/1989]
10.15.070 Enforcement Policy.
This chapter shall not be enforced or applied in an unlawful discriminatory manner. The police chief shall establish a policy and procedures by February 28, 1989, to ensure that this chapter is applied in accordance with all applicable constitutional standards.
[Ord. C29284; Passed: 1/30/1989]
10.15.100 Controlled, Counterfeit Substances – Prohibited Acts.
Except as provided for in RCW 69.50.401(a)(1)(iii) any person found guilty of possession of forty grams or less of marihuana shall be guilty of a misdemeanor. This section does not apply to offenses defined and punishable under the provisions of RCW 69.50.410.
[Ord. C31705]
Cross Reference: RCW 69.50.401.
10.15.110 Drug Paraphernalia – Prohibited acts.
A. 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, 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.
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. 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.
D. 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 or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.
[Ord. C31705]
Cross Reference: RCW 69.50.412.
10.15.115 Selling or Giving Drug Paraphernalia.
A. Every person who sells or gives, or permits to be sold or given to any person any drug paraphernalia in any form commits a class I civil infraction under SMC chapter 1.05. For purposes of this subsection, “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. Drug paraphernalia includes, but is not limited to objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:
1. metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2. water pipes;
3. carburetion tubes and devices;
4. smoking and carburetion masks;
5. roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
6. miniature cocaine spoons and cocaine vials;
7. chamber pipes;
8. carburetor pipes;
9. electric pipes;
10. air-driven pipes;
11. chillums;
12. bongs; and
13. ice pipes or chillers.
B. It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
C. Nothing in subsection (A) of this section prohibits legal distribution of injection syringe equipment through public health and community based HIV prevention programs. (Chapter 317, Laws of 1998 (RCW 69.50.4121))
[Ord. C32197; Passed: 6/15/1998]
10.15.120 Sale, Delivery, or Possession of Legend Drug without Prescription or Order Prohibited – Exceptions.
A. It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician under RCW chapter 18.71, an osteopathic physician and surgeon under RCW chapter 18.57, a dentist under RCW chapter 18.32, a podiatric physician and surgeon under RCW chapter 18.22, a veterinarian under RCW chapter 18.92, 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 RCW chapter 18.79 when authorized by the nursing care quality assurance commission, an osteopathic physician assistant under RCW chapter 18.57A when authorized by the board of osteopathic medicine and surgery, a physician assistant under RCW chapter 18.71A 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 RCW chapter 18.64 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.
B. Whoever violates any provision of this chapter shall be guilty of a misdemeanor.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 69.41.030.
10.15.130 Report to State Board of Pharmacy – List of Substances – Modification of List – Identification of Purchasers – Report of Transactions – Penalties.
A. A report to the state board of pharmacy shall be submitted in accordance with RCW chapter 69.43 by a manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes to any person any of the following substances or their salts or isomers:
1. Anthranilic acid;
2. Barbituric acid;
3. Chlorephedrine;
4. Diethyl malonate;
5. D-lysergic acid;
6. Ephedrine;
7. Ergotamine tartrate;
8. Ethylamine;
9. Ethyl malonate;
10. Ethylephedrine;
11. Lead acetate;
12. Malonic acid;
13. Methylamine;
14. Methylformamide;
15. Methylephedrine;
16. Methylpseudoephedrine;
17. N-acetylanthranilic acid;
18. Norpseudoephedrine;
19. Phenylacetic acid;
20. Phenylpropanolamine;
21. Piperidine;
22. Pseudoephedrine; and
23. Pyrrolidine.
B. Reserved.
C. Identification Required.
1. Any manufacturer, wholesaler, retailer, or other person shall, before selling, transferring, or otherwise furnishing any substance specified in subsection (A) of this section to any person, require proper identification from the purchaser.
2. For the purposes of this subsection, “proper identification” means:
a. a motor vehicle operator’s license or other official state-issued identification of the purchaser containing a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number;
b. the motor vehicle license number of any motor vehicle owned or operated by the purchaser;
c. a letter of authorization from any business for which any substance specified in subsection (A) of this section is being furnished, which includes the business license number and address of the business;
d. a description of how the substance is to be used; and
e. the signature of the purchaser.
The person selling, transferring, or otherwise furnishing any substance specified in subsection (A) of this section shall affix his or her signature as a witness to the signature and identification of the purchaser.
3. A violation of or a failure to comply with this subsection is a misdemeanor.
D. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance specified in subsection (A) of this section to any person shall, not less than twenty-one days before delivery of the substance, or as otherwise determined by the state board of pharmacy, submit a report of the transaction, which includes the identification information specified in subsection (C) of this section to the State Board of Pharmacy.
E. Any person specified in subsection (D) of this section who does not submit a report as required by subsection (D) of this section is guilty of a gross misdemeanor.
[Ord. C32924 § 3; Passed: 10/22/2001]
Cross Reference: RCW 69.43.010.
10.15.140 Receipt of Substance From Source Outside State – Report – Penalty.
A. Any manufacturer, wholesaler, retailer, or other person who receives from a source outside of this state any substance specified in RCW 69.43.010(1) or SMC 10.15.130(A) shall submit a report of such transaction to the state board of pharmacy under rules adopted by the board.
B. Any person specified in subsection (A) of this section who does not submit a report as required by subsection (A) of this section is guilty of a gross misdemeanor.
[Ord. C32924 § 4; Passed: 10/22/2001]
Cross Reference: RCW 69.43.020.
10.15.150 Report of Suspicious Transaction.
A. Any manufacturer or wholesaler who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010(1) or SMC 10.15.130(A) to any person in a suspicious transaction shall report the transaction in writing to the state board of pharmacy.
B. Any person specified in subsection (A) of this section who does not submit a report as required by subsection (A) of this section is guilty of a gross misdemeanor.
C. For the purposes of this section, “suspicious transaction” means a sale or transfer to which any of the following applies:
1. The circumstances of the sale or transfer would lead a reasonable person to believe that the substance is likely to be used for the purpose of unlawfully manufacturing a controlled substance under RCW chapter 69.50, based on such factors as the amount involved, the method of payment, the method of delivery, any past dealings with any participant in the transaction, and criteria adopted by the state board of pharmacy.
2. The transaction involves payment for any substance specified in RCW 69.43.010(1) or SMC 10.15.130(A) in cash or money orders in a total amount of more than two hundred dollars.
[Ord. C32924 § 5; Passed: 10/22/2001]
10.15.160 Record of Sale or Transfer.
A. Any manufacturer or wholesaler who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010(1) or SMC 10.15.130(A) to any person shall maintain a record of each such sale or transfer. The records must contain:
1. The name of the substance;
2. The quantity of the substance sold, transferred, or furnished;
3. The date the substance was sold, transferred, or furnished;
4. The name and address of the person buying or receiving the substance; and
5. The method of and amount of payment for the substance.
B. The records of sales and transfers required by this section shall be available for inspection by the state board of pharmacy and its authorized representatives and shall be maintained for two years.
C. A violation of this section is a gross misdemeanor.
[Ord. C32924 § 6; Passed: 10/22/2001]
10.15.170 Recordkeeping Compliance.
A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010(1) and who is subject to the reporting or recordkeeping requirements of this chapter may satisfy the requirements by submitting to the state board of pharmacy, and its authorized representatives:
A. Computer readable data from which all of the required information may be readily derived; or
B. Copies of reports that are filed under federal law that contain all of the information required by the particular reporting or recordkeeping requirement of this chapter which it is submitted to satisfy.
[Ord. C32924 § 7; Passed: 10/22/2001]
10.15.180 Permit to Sell, Transfer, Furnish, or Receive Substance – Exemptions – Application for Permit – Fee Renewal Penalty.
A. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010 or SMC 10.15.130(A) to any person or who receives from a source outside of the state any substance specified in RCW 69.43.010 or SMC 10.15.130(A) shall obtain a permit for the conduct of that business from the state board of pharmacy. However, a permit shall not be required of any manufacturer, wholesaler, retailer, or other person for the sale, transfer, furnishing, or receipt of any drug that contains ephedrine, phenylpropanolamine, or pseudoephedrine, or of any cosmetic that contains a substance specified in RCW 69.43.010(1), if such drug or cosmetic is lawfully sold, transferred, or furnished over the counter without a prescription or by a prescription under RCW chapter 69.04 or 69.41.
B. Reserved.
C. Reserved.
D. Reserved.
E. Reserved.
F. Reserved.
G. Selling, transferring, or otherwise furnishing, or receiving any substance specified in RCW 69.43.010 or SMC 10.15.130(A) without a required permit, is a gross misdemeanor.
[Ord. C32924 § 8; Passed: 10/22/2001]
10.15.190 Unlawful Transactions.
A. It is unlawful for a pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under RCW chapter 18.64, or an employee thereof, knowingly to sell, transfer, or to otherwise furnish, in a single transaction:
1. More than three packages of one or more products that he or she knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers; or
2. A single package of any product that he or she knows to contain more than three grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances.
B. It is unlawful for a person who is not a manufacturer, wholesaler, pharmacy, practitioner, shopkeeper, or itinerant vendor licensed by or registered with the department of health under RCW chapter 18.64 to purchase or acquire, in any twenty-four hour period, more than the quantities of the substances specified in subsection (A) of this section.
C. A violation of this section is a gross misdemeanor.
[Ord. C32924 § 9; Passed: 10/22/2001]
10.15.200 Unlawful Possession.
A. Any person who possesses more than fifteen grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of those substances, is guilty of a gross misdemeanor.
B. This section does not apply to any of the following:
1. a pharmacist or other authorized person who sells or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers upon the prescription of a practitioner, as defined in RCW 69.41.010;
2. a practitioner who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers to his or her patients;
3. a pharmacy, manufacturer, or wholesaler licensed by, or shopkeeper or itinerant vendor registered with, the department of health under RCW chapter 18.64;
4. a person in the course of his or her business of selling, transporting, or storing ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, for a person described in subsection (B)(1), (B)(2), or (B)(3) of this section; or
5. a person in possession of more than fifteen grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers in their home or residence under circumstances consistent with typical medicinal or household use as indicated by, but not limited to, storage location and possession of products in a variety of strengths, brands, types, purposes, and expiration dates.
[Ord. C32924 § 10; Passed: 10/22/2001]
10.15.210 Exceptions.
SMC 10.15.190 and 10.15.200 do not apply to:
A. Pediatric products primarily intended for administration to children under twelve years of age, according to label instructions, either:
1. in solid dosage form whose individual dosage units do not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine; or
2. in liquid form whose recommended dosage, according to label instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product;
B. Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce; or
C. Products that the state board of pharmacy, upon application of a manufacturer, exempts by rule from SMC 10.15.190 and 10.15.200 because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts or precursors.
[Ord. C32924 § 11; Passed: 10/22/2001]
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