HomeMy WebLinkAbout4068 Ordinance No . 4068
(Amending or Repealing Ordinances)
CFN= 122 - Police
Passed - 1/15/2013
Amend KCC 9.02.150
Amends Ords. 3621;3692
The date["Beginning July 1, 1998"] has led to confusion. This date will be deleted from cover sheets of
ordinance/resolution revision pages. This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document—6/2112012
ORDINANCE NO. �Olo
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
9.02.150, entitled "Criminal Code," adopting new
RCW's relating to marijuana.
RECITALS
A. On November 6, 2012, Washington voters passed Initiative
502. I-502 decriminalized the possession of one ounce or less of
marijuana, decriminalized certain laws relating to the use of drug
paraphernalia and made it an infraction to use marijuana in a public place.
B. This amendment updates the City's criminal code so that it
complies with the requirements of I-502.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, -Amendment. Section 9.02.150 is amended to read as
follows:
Sec. 9.02.150 RCW Title 69, entitled "Food, Drugs,
Cosmetics, and Poisons" - Adoption by reference. The following RCW
1 Amend KCC 9.02.150
Ordinance
sections, as currently enacted or as hereafter amended or recodified from
time to time, are hereby adopted by reference and shall be given the same
force and effect as if set forth herein in full:
RCW
69.41.010 Definitions.
69.41.030 Sale, delivery, or possession of legend drug without
prescription or order prohibited - Exceptions - Penalty.
69.41.050 Labeling requirements.
69.41.060 Search and seizure.
69.41.072 Violations of Chapter 69.50 RCW not to be charged under
Chapter 69.41 RCW - Exception.
69.41.320 Practitioners - Restricted use - Medical records.
69.41.350 Penalties.
69.43.010 Report to state board of pharmacy - List of substances -
Modification of list - Identification of purchasers - Report of
transactions - Penalties.
69.43.020 Receipt of substance from source outside state - Report -
Penalty.
69.43.030 Exemptions.
69.43.035 Suspicious transactions - Report - Penalty.
69.43.040 Reporting form.
69.43.043 Recordkeeping requirements - Penalty.
69.43.048 Reporting and recordkeeping requirements - Submission of
computer readable data, copies of federal reports.
69.43.090 Permit to sell, transfer, furnish, or receive substance -
Exemptions - Application for permit - Fee - Renewal -
Penalty.
2 Amend KCC 9.02.150
Ordinance
69.43.110 Ephedrine, pseudoephedrine, phenyl propanolamine - Sales
restrictions - Penalty.
69.43.120 Ephedrine, pseudoephedrine, phenyl propanolamine -
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.
69.50.202 Nomenclature.
69.50.204 Schedule I.
69.50.206 Schedule II.
69.50.208 Schedule III.
69.50.210 Schedule IV.
69.50.212 Schedule V.
69.50.4Q1 Prohibited acts: A - Penalties.
69.50.4013 Possession of controlled substance - Penalty.
69.50.4014 Possession of forty grams or less of marihuana - Penalty.
69.50.404 Penalties under other laws.
69.50.407 Conspiracy.
69.50.408 Second or subsequent offenses.
69.50.412 Prohibited acts: E - Penalties.
69.50.4121 Drug paraphernalia - Selling or giving - Penalty.
69.50.425 Misdemeanor violations - Minimum imprisonment.
69.50. I-502, Section 21
3 Amend KCC 9.02.150
Ordinance
SECTION 2. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law. 2Z
S Z E COOKE, MAYOR
ATTEST: -
RONALD M RE, PIfy CLERK `
APPROVED AS TO FORM:
NW (AA
Trim RRUBAKtR, CITY ATTORNEY
4 Amend KCC 9.02.150
Ordinance
PASSED: �iSfh day of , 2013.
APPROVED: /J` day of 12013.
o�F
PUBLISHED: day of 12013.
I hereby certify that this is a true copy of Ordinance No. Y04
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
k�EAL)
XRONALD M RED ITY CL K
i
P\C1v11\0rd1nance\9 02.150 Marijuana Doac
5 Amend KCC 9.02.150
Ordinance