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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