HomeMy WebLinkAbout4412ORDINANCE NO. 44L2
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing section
9,02.850 of the Kent City Code entitled "Possession
of Drug Paraphernalia."
RECITALS
A. On February 25, 202L, the Washington state supreme court
issued an opinion in State of Washington v. Blake declaring
RCW 69,50.4013, the state's drug possession law, in violation of the due
process clause of the state and federal Constitutions. The court ruled that
the law was unenforceable as a conviction did not require proof of intent to
possess.
B, In 2021, the state enacted ESB 5476 to fix the "lack of intent"
flaw in the statute by adding the intent element of "knowing" possession'
This bill criminalizes drug possession with the inclusion of the "knowing"
element of intent.
c. ESB 5476 also amended the state law (Rcw 69.5o.4L2)
regarding drug paraphernalia. Prior to ESB 5476, RCW 69'5O.4LZ provided
that the simple possession of any paraphernalia used to plant, propagate,
Cultivate, grOW, harveSt, manufacture, Compound, COnvert, produCe,
prOCeSS, prepare, test, analyze, pack, repaCk, stOre, Contain, cOnceal, inject,
Amend Ch.9.O2 KCC
Drug Paraphernalia
1
ingest, inhale, or otherwise introduce into the human body a controlled
substance constituted a misdemeanor'
D, While the city adopts Rcw 69.5O.4L2 by reference in its
criminal code, it also has a code provision (KCC 9'02.850) that largely
mirrored the Revised Code of Washington as it existed prior to the passage
of ESB 5476.
E, Pursuant to ESB 5476, it iS now a misdemeanor only when a
person possesses, delivers, or possesses with the intent to deliver drug
paraphernalia to plant, propagate, cultivate, growt harvest, manufacture,
compound, convert, produce, process or prepare a controlled substance.
The bill effectively decriminalized the possession of drug paraphernalia that
is used for the personal possession and use of controlled substances, but
maintained as a crime the possession of drug paraphernalia that is used to
produce and distribute controlled substances.
F. With the passage of ESB 5476, the City's code provision
regarding drug paraphernalia, KCC 9.02.850, is now in conflict with the
state's drug paraphernalia statute because the City's code maintains as a
crime the possession of drug paraphernalia associated with the personal
possession and use of drugs. The City's ordinance must be repealed as,
pursuant to RW 69,50.608, local controlled substances laws relating
penalties for violations must be consistent with state law, This is a simple
housekeeping measure and will not impact enforcement of paraphernalia
laws by the City, as the City already adopts the state laws amended by ESB
5476.
NOW, THEREFORE, THE CITY COUNCIL OF THE CIry OF KENT'
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Amend Ch.9.O2 KCC
Drug Paraphernalia
2
SECTION 7.
entitled "Possession
entirety.
ORDINANCE
Repeal. Section 9.02.850 of the Kent City Code,
of drug paraphernalia," is hereby repealed in its
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect'
E0TION 3. - Corrections by city clerk or code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make ndcessary 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 4. - Effective Date. This ordinance shall take effect and be
in force 30 days from and er its passage.
DANA RALPH, MAYO
Seotember 2L.2O2L
Date Approved
ATTEST:
0 Seotember 2L,202L
Date AdoptedKIMBERLEYKOTO, CIry CLERK
Seotember 24,202L
Date Published
Amend Ch.9,O2 KCC
Drug Paraphernalia
3
APPROVED AS TO
c ATTORNEY
4 Amend Ch. 9,O2 KCC
Drug Paraphernalia
UL'/"
RECEIVED
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
ocl e 7 202t
''tlbCITYOFIGNT
ctry0IERK
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KENs3B47o
was published on September 24,202I
The full amount of fee charged for said foregoing publication is the
sum of $
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 24t day of September, 202L .
Notary Public for the State of Washington, Residing in
Washington
1g€'fAfTp
,qJSus
t
Classified Proof
CITY OF KENT
l{oTlcE oF
ORDINANCE
PASSED AY THE CITY
couNclL
The folloling is a surn-
mary of an ordinance
passed by the Kent CitY
Council on Septerber
21,2021.
ORDINANCE NO. 1112
-AN OROINANCE ofthe
City Council of the City
of Kent, Washington, re-
p€aling section 9.02.850
of the Kent City Code
entitled "Pos.session ol
Drug Paraphemalia.'
This ordinance shall take
effect and be in force 30
davs from and after its
pa3sage, as provided by
law.
A copy of the compbte
text of any ordinance will
be mailed upon request
of the City Clerk.
Kimbetley A" Kornoto,
City Clerk
Kkornoto@KentWA.gov
253456-5725
#938l-70
sr24t21
Proofed by Jennifer Tribbett, 09/1612021 02:41:15 pm Page:2