HomeMy WebLinkAbout4417 Ordinance ORDINANCE NO. Liz-///7
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC Section 9.45.040 "Marijuana - Definition";
Amending PMC Section 9.45.050 "Marijuana - Possession
Unlawful"; Creating PMC 9.45.051 "Marijuana - Possession
Unlawful for Persons Under 21"; Creating PMC Section
9.45.052 "Public Consumption - Violation"; Amending PMC
9.45.080 "Penalties - Mandatory Minimums"; Creating PMC
9.45.085 "Medical Marijuana - Affirmative Defenses"; and
Amending PMC 9.45.100 "Prohibited Conduct Within Drug-
Free Zone"
WHEREAS, the people of the State of Washington approved Initiative Measure No. 502
on November 6, 2012, substantially changing state regulation of marijuana; and
WHEREAS, the Washington State Legislature has revised Chapter 69.50 and other
chapters of the Revised Code of Washington to effectuate the changes brought by the approval of
Initiative Measure No. 502; and
WHEREAS, sections of Chapter 9.45 of the Pasco Municipal Code regarding the
regulation of marijuana have not been revised or amended since the passage of Ordinance 3489 in
2001; and
WHEREAS, various sections of Chapter 9.45 of the Pasco Municipal Code contain other
errors that need to be amended; and
WHEREAS, the City Council of the City of Pasco desires to revise sections of the Pasco
Municipal Code regarding the regulation of marijuana to accord with State law. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 9.45.040 of the Pasco Municipal Code entitled "Marijuana-
Definition" shall be and hereby is amended and shall read as follows:
9.45.040 MARIJUANA-DEFINITION.
a) As used herein, the word "marijuana" means all parts of the plant of the genus
Cannabis I✓, whether growing or not; with a THC concentration greater than 0.3 percent on a dry
weight basis;the seeds thereof;the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It The term
does not include:
Ordinance—Marijuana Code Update- 1
(a) The mature stocks stalks of the plant, fiber produced from the stocks stalks,
oil or cake made from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stocks stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination
(b) Industrial hemp as defined in RCW 15.120.010.
(2) For purposes of this Chapter, "THC concentration" means percent of delta-9
tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or
weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and
tetrahydrocannabinolic acid in any part of theplant Cannabis regardless of moisture content. (Ord.
3489 Sec. 5, 2001.)
Section 2. That Section 9.45.050 of the Pasco Municipal Code entitled "Marijuana—
Possession Unlawful" shall be and hereby is amended and shall read as follows:
9.45.050 MARIJUANA — UNLAWFUL POSSESSION UNLAWFUL. It is
unlawful for any person within the City of Pasco to bein possession of forty grams or less possess
more than one ounce of marijuana unless the same 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, or except as otherwise authorized by the laws of the State of Washington.
Except as provided in RCW 69.50.401(2)(c) or as otherwise authorized by the laws of the
State of Washington, any person found guilty of possession of more than one ounce fortyams
or less of marijuana shall-be is guilty of a misdemeanor. (Ord. 3489, Sec. 5, 2001.)
Section 3. That a new Section 9.45.051 of the Pasco Municipal Code entitled
"Marijuana—Possession Unlawful for Persons Under 21" shall be and hereby is enacted and shall
read as follows:
9.45.051 MARIJUANA — POSSESSION UNLAWFUL FOR PERSONS UNDER
21. It is unlawful for any person under the age of twenty-one years to possess marijuana in an
amount less than forty grams unless the same 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,
or except as otherwise authorized by the laws of the State of Washington.
Section 4. That a new Section 9.45.052 of the Pasco Municipal Code entitled "Public
Consumption—Violation" shall be and hereby is enacted and shall read as follows:
9.45.052 PUBLIC CONSUMPTION—VIOLATION.
(1) It is unlawful to open a package containing marijuana, useable marijuana,
marijuana-infused products,or marijuana concentrates, or consume marijuana,useable marijuana.,
marijuana-infusedproducts,or marijuana concentrates, in view of the general public or in a public
place.
Ordinance—Marijuana Code Update-2
(2) For the purposes of this section,"public place"has the same meaning as defined in
RCW 66.04.010,but the exclusions in RCW 66.04.011 do not apply.
(3) A person who violates this section is guilty of a class 3 civil infraction.
Section 5. That Section 9.45.080 of the Pasco Municipal Code entitled "Penalties —
Mandatory Minimums"shall be and hereby is amended and shall read as follows:
9.45.080 PENALITES - MANDATORY MINIMUMS. A person who is convicted
of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for
not less than twenty-four(24) consecutive hours, and by a fine of not less than two hundred fifty
dollars ($250.00). On a second or subsequent conviction, the fine shall not be less than five
hundred dollars ($500.00). These fines shall be in addition to any other fine or penalty imposed.
Unless the court finds that the imposition of the minimum imprisonment will pose a substantial
risk to the defendant's physical or mental well-being or that local jail facilities are in an
overcrowded condition,the minimum term of imprisonment shall not be suspended or deferred. If
the court finds such risk of overcrowding exists, it shall sentence the defendant to a minimum of
forty hours of community service. If a minimum term of imprisonment is suspended or deferred,
the court shall state in writing the reason for granting the suspension of or deferral and the facts
upon which the suspension or deferral is based. Unless the court finds the person to be indigent,
the minimum fine shall be not suspended or deferred. (Ord. 3489, Sec. 5, 2001.)
Section 6. That a new section 9.45.085 of the Pasco Municipal Code entitled"Medical
Marijuana—Affirmative Defenses" shall be and hereby is enacted and shall read as follows:
9.45.085 MEDICAL MARIJUANA—AFFIRMATIVE DEFENSES. By enactment
of Chapter 69.51A RCW, the state of Washington has recognized the medical benefits of
prescribed marijuana and has legalized medical marijuana use when appropriately prescribed and
obtained. The City hereby adopts Chapter 69.51A RCW as now or hereafter amended regarding
lawful medical marijuana and any affirmative defenses therein.
Section 7. That Section 9.45.100 of the Pasco Municipal Code entitled "Prohibited
Conduct Within Drug-Free Zone" shall be and hereby is amended and shall read as follows:
9.45.100 PROHIBITED CONDUCT WITHIN DRUG-FREE ZONE. Any person
who violates PMC 9.45.979050 or PMC 9.45.051 by possessing marijuana, or RCW
69.50.401(2)(a) by manufacturing, selling, delivering, or possessing with the intent to
manufacture, sell, or deliver a controlled substance listed under that subsection, or who violates
RCW 69.50.410 by selling for profit any controlled substance or counterfeit substance classified
in Section 1,RCW 69.50.204, except leaves and flowering tops of marijuana,to a person within a
drug-free zone,may be punished by a fine or imprisonment of up to twice the fine or imprisonment
otherwise authorized for violation of the above sections. Nothing herein shall authorize
enhancement of the fine or imprisonment imposed by violation of RCW 69.50.206 as amended
from to time, or other fines or imprisonment otherwise authorized by this chapter for an offense.
(Ord. 3489, § 5, 2001; Code 1970 § 9.38.100.)
Ordinance—Marijuana Code Update-3
Section 8. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this.Zr0day of l T J , 2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Daniela Erickson, City Clerk KERR LAW GROUP, City Attorney
Ordinance—Marijuana Code Update-4