HomeMy WebLinkAbout4461 ORDINANCE NO. 4461
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing Chapter 9.12 of
the Kent City Code and reenacting a new Chapter
9.12 of the Kent City Code, entitled 'Drug and
Alcohol Possession", to: (i) prohibit the unlawful
possession of controlled substances, legend drugs,
counterfeit controlled substances, and drug
paraphernalia; (ii) to prohibit the public use of
controlled substances, legend drugs, and counterfeit
controlled substances, and (iii) to create a new
alternative two-year deferred prosecution program
for individuals charged with such crimes to connect
them with necessary treatment, while allowing them
to have their criminal charges dismissed and their
convictions vacated upon their successful
completion of treatment and compliance with the
court's orders.
RECITALS
A. In State v. Blake, 197 Wn.2d 170 (2021), the Washington State
Supreme Court found former RCW 69.50.4013, which made it a strict liability
offense to possess a controlled substance in violation of the Uniform
Controlled Substances Act, unconstitutional because the statute did not
require proof that the offender knowingly possessed a controlled substance.
Without proof of knowledge, the Court held the statute violated
constitutional due process. In response, the state legislature adopted RCW
69.50.4013 during its 2021 legislative session, which provided a temporary
1 Amend KCC 9.12 -
Re: Drug and Akohoi Possession
i
correction to the law to make it unlawful for an individual to knowingly
possess a controlled substance. However, before any arrests could occur,
this legislation required officers to inform individuals on their first two
violations that they could voluntarily enter treatment. The legislation
provided no incentive for offenders to enter treatment, and for a number of
other reasons, the legislation proved impractical. This legislation sunsets on
July 1, 2023, and the statute will revert to its prior form, which the state
Supreme Court has previously held was unconstitutional and void. As a
result, starting July 1, 2023, Washington will be left with no enforceable law
prohibiting the possession of controlled substances.
B. Substance use disorder is ravaging this region, and the number
of controlled substance-related deaths continues to rapidly increase. The
lack of adequate laws surrounding controlled substances creates an
opportunity for those who produce, import, and sell deadly drugs to prey on
those suffering from addiction. The illicit drug market drives violent crime
throughout the region. Property crimes, which are committed to fund
addiction, have impacted our residents and business community. The City is
not willing to sit by while the use of deadly drugs is normalized, drug
behavior increases, more people become addicted, additional deaths occur,
and crime fueled by drugs increases.
C. Substance use disorder is a medical issue and treatment
services are necessary. However, without proper encouragement, an
individual with a substance use disorder cannot be expected to make the
decision to stop using on their own. The power of addiction continues to
control individuals and there is no incentive to end the cycle of use. While
no single response will solve the drug epidemic facing our community,
continued inaction will only exacerbate the problem by normalizing drug use,
creating a bigger market for the distribution of controlled substances, and
2 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
I
�I
increasing the opportunity for people to become addicted. In turn, deaths
will increase as will drug-related violence and property crimes.
D. In response to state legislation that limited a police officer's
arrest powers when an individual unlawfully possessed drugs, the Kent City
Council adopted Ordinance No. 4442 on September 6, 2022, which focused
on those individuals who openly use drugs in public places and made such
conduct a misdemeanor crime. Ordinance No. 4442 allowed police officers
to once again take action at the local level when they observe an individual
openly use drugs in public. Action by law enforcement and prosecutors
allows these individuals to be connected with treatment providers through
our municipal court system.
E. This ordinance will make it a gross misdemeanor crime in Kent
for individuals to knowingly possess a controlled substance, a legend drug,
or a counterfeit controlled substance, and a misdemeanor to possess drug
paraphernalia or to unlawfully dispose of a controlled substance, counterfeit
controlled substance, a legend drug, or drug paraphernalia. It will
additionally prohibit the public use of those same substances, which will be
punished as a gross misdemeanor. Importantly, the ordinance includes
treatment as an alternative to jail.
F. As an alternative to jail, this ordinance includes a new two-year
deferred prosecution program, which is more favorable to an individual than
the program currently offered at the state level through Chapter 10.05 of
the Revised Code of Washington ("RCW"). Under this ordinance, the duration
of the program is reduced from five years to two years, and the court is
given broader discretion to continue the deferred prosecution program if a
participant relapses or otherwise violates a program condition.
3 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
G. Once an individual successfully completes the alternative
deferred prosecution program, their criminal charges are dismissed and no
conviction will appear on their criminal history. Additionally, if an individual
violates the deferred prosecution program and they are ultimately convicted
of the charge, this ordinance provides that the City will not object to the
individual receiving a deferred sentence, which also will allow the individual's
charge to be dismissed if they successfully complete treatment.
H. If an individual is not successful in complying with the
conditions of a deferred sentence to receive the benefit of a dismissal, they
would still be able to have their criminal conviction vacated. Once a person
successfully completes treatment, the City will not object to the court
vacating the individual's conviction. Once the court vacates a conviction, the
individual is released from the burden of that conviction, and for all
purposes, including responding to questions on employment or housing
applications, the vacation statute expressly provides that the person may
state that they have never been convicted of that crime.
I. This ordinance creates a process that is treatment focused. The
purpose statement set forth in KCC 9.12.010 communicates the City
Council's intent that incarceration be requested by prosecutors and imposed
by judges only as a sanction when an individual chooses to not engage in
treatment or otherwise comply with their recommended treatment program
or other court conditions. Otherwise, the provisions are to be interpreted
and implemented so as to help individuals find a path to treatment. At each
stage of the process, there are avenues for an individual to have their
charges dismissed or convictions vacated upon completion of treatment.
J. Finally, if an individual is indigent and unable to pay the cost
for treatment through the alternative deferred prosecution program,
including costs to conduct the required investigation, examination, report,
4 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
and treatment plan, the City Council is committed to evaluating what funds
it may appropriate for that purpose.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Repealer - Ch. 9.12 KCC. Chapter 9.12 of the Kent
City Code, entitled "Narcotics and Barbiturates", is repealed in its entirety.
SECTION 2. - Amendment - New Ch. 9.12 KCC. The Kent City Code
is amended to add a new Chapter 9.12, entitled "Drug and Alcohol
Possession", as follows:
CHAPTER 9.12
DRUG AND ALCOHOL POSSESSION
Sec. 9.12.010. Purpose. Substance abuse is taking an increasing
toll on the health and safety of our community. The purpose of this chapter
is to help those suffering from addiction find a path to treatment through
our municipal court system, and to hold accountable those unwilling to seek
treatment for the harm caused to our community. If an individual is charged
with a crime under this chapter and they comply with their recommended
substance use disorder treatment program, their criminal charge will be
dismissed and no conviction will result. If an individual fails to comply with
their treatment program and they are later convicted of the charge after
being found noncompliant by the court, they will still have the opportunity
to have their conviction vacated if they comply with their recommended
treatment program. The Kent City Council intends that incarceration be
utilized as a sanction only when an individual fails to comply with their
recommended treatment program or other conditions imposed by the court.
5 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
Sec. 9.12.020. Definitions. For purposes of this section, the
following terms or words shall be interpreted as follows:
A. Controlled substance means any controlled substance classified in
Schedule I, II, III, IV, or V of Chapter 69.50 RCW, excluding cannabis, as it
now exists or shall hereafter be added to, deleted from, modified, or
amended.
B. Counterfeit controlled substance means a controlled substance that is
falsely labeled so as to appear to have been legitimately manufactured or
distributed.
C. Drug paraphernalia has the same meaning as provided for in RCW
69.50.102, which statute is adopted by this reference, as currently enacted
and hereafter amended or recodified from time to time.
D. Legend drug means any drug which is required by state law or
regulation of the pharmacy quality assurance commission to be dispensed
on prescription only or is restricted to use by practitioners only.
E. Public place means an area generally visible to public view and
includes without limitation any place where the public has a right of access,
which includes without limitation sidewalks, parking lots and parking
garages, streets, alleys, highways, or roads; public buildings and grounds,
including schools, parks, playgrounds, and meeting halls; establishments to
which the public is invited including restaurants, theaters, stores, gas
stations, meeting halls, lobbies, halls and dining rooms of hotels, bars,
taverns, pubs, or establishments where beer or soft drinks may be sold, and
their associated parking lots, parking structures, walkways, doorways, and
entrances; railroad trains, light rail facilities, buses, and other public
conveyances of all kinds and character, and their associated stations and
6 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
platforms used in conjunction therewith which are open to unrestricted use
and access by the public; and all other places of like or similar nature.
F. Use means actual use or a substantial step taken that evidences an
intent to inject, ingest, inhale, or otherwise introduce a controlled substance
into the human body.
Sec. 9.12.030. Controlled substances—Possession or use in
public—Penalty.
A. Possession. It is unlawful for any person to knowingly possess a
controlled substance unless the controlled substance has been lawfully
prescribed to the person possessing it.
B. Public use. It is unlawful for any person to intentionally use a
controlled substance in a public place unless the controlled substance has
been lawfully prescribed to the person using it.
C. Exception. It shall not be a violation of this section if the person
possesses a controlled substance prescribed to another person for whom the
person is a legal guardian and the controlled substance is possessed in the
container in which it was originally dispensed.
D. Penalty. A violation of this section is punishable as a gross
misdemeanor.
7 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
Sec. 9.12.040. Legend drugs—Possession or use in public—
Penalty.
A. Possession. It is unlawful for any person to knowingly possess any
legend drug unless the legend drug has been lawfully prescribed to the
person possessing it.
B. Public use. It is unlawful for any person to intentionally use a legend
drug in a public place unless the legend drug has been lawfully prescribed
to the person using it.
C. Exception. It shall not be a violation of this section if the person
possesses a legend drug prescribed to another person for whom the person
is a legal guardian and the legend drug is possessed in the container in which
it was originally dispensed.
D. Penalty. A violation of this section is punishable as a gross
misdemeanor.
Sec. 9.12.050. Counterfeit controlled substances—Possession
or use in public—Penalty.
A. Possession. It is unlawful for any person to knowingly possess a
counterfeit controlled substance.
B. Public use. It is unlawful for any person to intentionally use a
counterfeit controlled substance in a public place.
C. Penalty. A violation of this section is punishable as a gross
misdemeanor.
8 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
Sec. 9.12.060. Possession of drug paraphernalia. It is unlawful
for any person to knowingly possess drug paraphernalia, other than that
drug paraphernalia associated with the lawful possession and use of
cannabis. A violation of this section is punishable as a misdemeanor.
Sec. 9.12.070. Minor in possession of alcohol. It is unlawful for
any person under the age of twenty-one years to knowingly possess,
consume, or otherwise acquire any liquor, in violation of KCC 9.02.490 and
RCW 66.44.270, which is punishable as a gross misdemeanor.
Sec. 9.12.080. Unlawful deposit of dangerous drugs and drug
paraphernalia. It shall be unlawful for any person to knowingly dump,
throw, deposit, or discharge onto the ground or into any body of water any
controlled substance, counterfeit controlled substance, or legend drug, or
any drug paraphernalia. A violation of this section is punishable as a
misdemeanor.
Sec. 9.12.090. Alternative deferred prosecution program. In
lieu of the process provided for under Ch. 10.05 RCW, an individual charged
with a crime under this chapter may petition the court to have that charge
considered under the alternative deferred prosecution program provided for
by this section.
A. Petition—Eii iq bility. An individual charged with a crime under this
chapter may petition the court to be considered for this alternative deferred
prosecution program. The petition may include, upon agreement of the
parties, multiple charges that are pending at the time the petition is filed,
which may be consolidated into a single program. However, this alternative
deferred prosecution program is not available for any offense under Title 46
RCW, any domestic violence offense, or any offense under Chapter 9A.42
RCW, which offenses may only be petitioned for under the deferred
9 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
prosecution program procedures provided for in Ch. 10.05 RCW.
Misdemeanor charges that result from the county declining to file felony
charges for the sale, delivery, or possession with an intent to deliver
controlled substances, counterfeit controlled substances, or legend drugs,
are not eligible for this alternative deferred prosecution program, unless the
parties otherwise agree.
The petition shall be filed with the court at least three court days prior
to the date set for trial but, upon a written motion and affidavit establishing
good cause for the delay and failure to comply with this section, the court
may waive this requirement subject to the defendant's reimbursement to
the court of the witness fees and expenses due for subpoenaed witnesses
who have appeared on the date set for trial.
B. Statement of availability. At the time of arraignment an individual
charged with an offense under this chapter may be given a statement by the
court that explains the availability, operation, and effects of this alternative
deferred prosecution program.
C. Requirements of petition—Rights of petitioner— findings.
1. In the petition, the petitioner shall allege under oath that the
wrongful conduct charged is the result of or was caused by a substance use
disorder for which the individual is in need of treatment and unless treated
the probability of future recurrence is great, along with a statement that the
individual agrees to pay the cost of a diagnosis and treatment of the alleged
problem or problems, if financially able to do so. The petition shall also
contain a case history and written assessment prepared by an approved
substance use disorder treatment program as designated in chapter 71.24
RCW.
10 Amend KCC 9.12 -
Re: Drug and Akoho/Possession
I
2. Before entry of an order deferring prosecution, a petitioner
shall be advised of their right as an accused and execute, as a condition of
receiving treatment, a statement that contains the following:
a. An acknowledgment of their rights;
b. An acknowledgment and waiver of the right to testify,
the right to a speedy trial, the right to call witnesses to testify, the right to
present evidence in their defense, and the right to a jury trial;
C. A stipulation to the admissibility and sufficiency of the
facts contained in the written police report;
d. An acknowledgment that the statement will be entered
and used to support a finding of guilty, if the court finds cause to revoke the
order granting deferred prosecution;
e. An agreement to sign a release of information allowing
the program provider to share information with the court, defense counsel,
and the prosecutor, subject to the condition that information learned shall
be used only to determine the individual's compliance with treatment
approved through this alternative deferred prosecution program and not for
prosecution of a criminal offense; and
f. An acknowledgment that the individual may opt out of
this alternative deferred prosecution program at their first review hearing
and have their criminal case sent back to pre-trial status. The petitioner shall
also be advised that they may, if they proceed to trial and are found guilty,
be allowed to seek suspension of some or all of the fines and incarceration
that may be ordered upon the condition that they seek treatment and,
further, that they may seek treatment from public and private agencies at
any time without regard to whether or not they are found guilty of the
offense charged. They shall also be advised that the court will not accept a
petition for deferred prosecution from an individual who: (i) sincerely
believes that they are innocent of the charges; or (ii) sincerely believes that
they did not, in fact, suffer from a substance use disorder.
11 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
i
3. Before entering an order deferring prosecution, the court shall
make specific findings that:
a. The petitioner has stipulated to the admissibility and
sufficiency of the facts as contained in the written police report;
b. The petitioner has acknowledged the admissibility of the
stipulated facts in any criminal hearing on the underlying offense or offenses
held subsequent to revocation of the order granting deferred prosecution; .
C. The petitioner has acknowledged and waived the right to
testify, the right to a speedy trial, the right to call witnesses to testify, the
right to present evidence in their defense, and the right to a jury trial; and
d. The petitioner's statements were made knowingly and
voluntarily.
Such findings shall be included in the order granting deferred prosecution.
D. Investigation and examination. The program to which such individual
is referred shall conduct an investigation and examination to determine:
1. Whether the individual suffers from the problem described;
2. Whether the problem is such that if not treated there is a
probability that similar misconduct will occur in the future;
3. Whether extensive and long term treatment is required;
4. Whether effective treatment for the individual's problem is
available; and
5. Whether the individual is amenable to treatment.
12 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
E. Report to court—Recommended treatment plan—Commitment to
provide treatment.
1. The program shall make a written report to the court stating
its findings and recommendations after the examination required by KCC
9.12.090(E). If its findings and recommendations support treatment, it shall
also recommend a treatment or service plan setting out:
a. The type;
b. Nature;
C. Length;
d. A treatment or service time schedule; and
e. Approximate cost of the treatment.
2. The report with the treatment or service plan shall be filed with
the court and a copy given to the petitioner and petitioner's counsel. A copy
of the treatment or service plan shall be given to the prosecutor by
petitioner's counsel. The evaluation facility making the written report shall
append to the report a commitment by the treatment program that it will
provide the treatment in accordance with this section. If the individual is
monitored by the court's probation department, the facility or the service
provider shall agree to provide the court with a statement every three
months for the first year and every six months for the second year regarding
(a) the petitioner's cooperation with the treatment proposed, and (b) the
petitioner's progress or failure in treatment. If the individual is not monitored
by the court's probation department, such statements must be filed with the
court, along with a copy sent to the prosecutor and defense attorney, every
month or as the court may otherwise order. These statements shall be made
as a declaration by the individual who is personally responsible for providing
the treatment or services.
13 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
F. Procedure upon approval of plan. If the report recommends
treatment, the court shall examine the treatment plan. If the court approves
the plan and the petitioner agrees to comply with its terms and conditions
and agrees to pay the cost thereof, if able to do so, or arrange for the
treatment, an entry shall be made upon the individual's court docket
showing that the individual has been accepted for deferred prosecution
under this alternative program. A copy of the treatment plan shall be filed
with the court.
G. When treatment rejected. When treatment is either not recommended
or not approved by the judge, or the petitioner declines to accept the
treatment plan, the charge shall proceed through the criminal justice system
in regular course.
H. Evidence, uses and admissibility. If the petition is not approved or is
withdrawn before approval, evidence pertaining to or resulting from the
petition and/or investigation is inadmissible in any trial on the charges, but
shall be available for use after a conviction in determining a sentence.
I. Procedure upon breach of treatment plan. If a petitioner, who has
been accepted for a deferred prosecution, fails, or neglects to carry out and
fulfill any term or condition of the petitioner's treatment plan, the facility,
center, institution, or agency administering the treatment shall immediately
report such breach to the court, the prosecutor, and the petitioner or
petitioner's attorney of record, together with its recommendation. The court
upon receiving such a report shall hold a hearing to determine whether the
petitioner should be removed from the deferred prosecution program. At the
hearing, evidence shall be taken of the petitioner's alleged failure to comply
with the treatment plan and the petitioner shall have the right to present
evidence on their own behalf. The court shall either order that the petitioner
continue on the treatment plan or be removed from deferred prosecution. If
14 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
removed from deferred prosecution, the court shall enter judgment pursuant
to KCC 9.12.090(C).
J. Conviction of similar offense. If a petitioner is subsequently convicted
of a similar offense that was committed while the petitioner was in a deferred
prosecution program, upon notice the court may remove the petitioner's
docket from the deferred prosecution file, and if removed, shall enter
judgment pursuant to KCC 9.12.090(C).
K. Trial delay not grounds for dismissal. Delay in bringing a case to trial
caused by a petitioner requesting deferred prosecution as provided for in
this section shall not be grounds for dismissal.
L. Dismissal of charges. Following proof to the court that the petitioner
has complied with the conditions imposed by the court following successful
completion of the recommended treatment program, but not before two
years following entry of the order of deferred prosecution pursuant to a
petition brought under KCC 9.12.090, or earlier upon agreement of the
parties, the court shall dismiss the charges pending against the petitioner.
M. Services provided for indigent defendants. If an individual is indigent
and has sufficiently demonstrated to the court that they are unable to pay
the cost of any program of treatment, including costs to provide
investigation, examination, report and a treatment plan, those costs may be
eligible for payment using available funds appropriated by the City or the
state for that purpose.
15 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
I
I
N. Conditions of c7rantinc7.
1. As a condition of granting a deferred prosecution petition, the
court may order the petitioner to make restitution and to pay costs as
defined in RCW 10.01.160.
2. To help ensure continued sobriety and reduce the likelihood of
re-offense, the court may order reasonable conditions during the period of
the deferred prosecution including, but not limited to, attendance at self-
help recovery support groups for substance use disorders, complete
abstinence from alcohol and all nonprescribed mind-altering drugs, periodic
urinalysis or breath analysis, and maintaining law-abiding behavior. The
court may terminate the deferred prosecution program upon violation of any
term or condition provided for in the deferred prosecution order.
O. Minimum program requirements. A deferred prosecution program
shall be for a two-year period and shall include, but not be limited to, the
following requirements:
1. Total abstinence from alcohol and all other nonprescribed
mind-altering drugs;
2. Participation in an intensive inpatient or intensive outpatient
program in a state-approved substance use disorder treatment program;
3. Participation in a minimum of two meetings per week of a self-
help recovery support group, as determined by the assessing agency, for
the duration of the treatment program;
4. Participation in a self-help recovery support group, as
determined by the assessing agency, from the date of court approval of the
plan to entry into intensive treatment;
5. Not less than weekly approved outpatient counseling, group or
individual, for a minimum of six months following the intensive phase of
treatment;
16 Amend KCC 9.12 -
Re: Drug and Akoho/Possession
6. Not less than monthly outpatient contact, group or individual,
for the remainder of the two-year deferred prosecution period;
7. The decision to include the use of prescribed drugs to treat a
substance use disorder, including but not limited to disulfiram, methadone,
buprenorphine, and naltrexone, as a condition of treatment shall be reserved
to the treating facility and the petitioner's physician;
8. All treatment within the purview of this section shall occur
within or be approved by a state-approved substance use disorder treatment
program as described in Chapter 71.24 RCW;
9. Signature of the petitioner agreeing to the terms and conditions
of the treatment program.
P. Appeal of deferred prosecution order. The prosecutor may appeal an
order granting deferred prosecution if the evaluation facility fails to provide
the information required in KCC 9.12.090(E) and KCC 9.12.090(F), if the
petitioner has been referred to the facility for treatment. If an appeal on
such basis is successful, the trial court may consider the use of another
treatment program.
Q. Supervision as condition—Levy of assessment. As a condition of
granting a deferred prosecution, the court may order supervision of the
petitioner by the probation department during the period of deferral and
may levy a monthly assessment upon the petitioner as provided in KCC
9.12.090(M), to the extent the petitioner is able to pay the assessment.
Sec. 9.12.100. No objection to deferred sentence following
revoked deferred prosecution. If an individual declines the alternative
deferred prosecution program created through this chapter, a deferred
prosecution program as provided for in Chapter 10.05 RCW, or a deferred
prosecution program under this chapter or Chapter 10.05 RCW is revoked
due to noncompliance, the city will not object to the individual being granted
17 Amend KCC 9.12 -
Re: Drug and Aicoho/Possession
a deferred sentence conditioned on compliance with a state-approved
substance use disorder treatment program.
Sec. 9.12.110. Vacation of conviction. If a person convicted of an
offense under this chapter is ordered by the court to complete a substance
use disorder treatment program, the city will not object to the court vacating
the individual's conviction(s) if the person successfully completes the court-
approved treatment program and they file proof of such completion with the
court. Vacation shall include all convictions for offenses under this chapter
that were entered at the time the individual completed the court-approved
substance use disorder treatment program.
SECTION 3. - Adoptions by Reference. A true and correct copy of
RCW 69.50.102 adopted and incorporated by reference in Section 2 of this
ordinance is attached as Exhibit A.
SECTION 4. - 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.
SECTION 5. - Savings. The existing Chapter 9.12 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
SECTION 6. - 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.
18 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
SECTION Z - Effective Date. This ordinance shall take effect and be
in force at 12:01 a.m. on July 1, 2023, which date is at least thirty days
from and after its passage. Until that date, the existing provisions of Chapter
9.12 KCC shall remain in effect.
May 2, 2023
DANA RALPH, MAY R Date Approved
ATTEST:
May 2, 2023
KIMBERLEY A.( MOTO, CITY CLERK Date Adopted
May 5, 2023
Date Published
AP O ED AS TO FORM:
TA Y HITE, CITY ATTORNEY
I Al
19 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
EXHIBIT A
RCW 69.50.102 Drug paraphernalia—Definitions. (a) As used in
this chapter, "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. It includes,
but is not limited to:
(1) Kits used, intended for use, or'designed for use in planting,
propagating, cultivating, growing, or harvesting of any species of
plant which is a controlled substance or from which a controlled
substance can be derived;
(2) Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing, or
preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a
controlled substance;
(4) Testing equipment used, intended for use, or designed for use
in identifying or in analyzing the strength, effectiveness, or purity
of controlled substances;
(5) Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose, and lactose, used, intended for use, or
designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or
designed for use in removing twigs and seeds from, or in otherwise
cleaning or refining, cannabis;
(8) Blenders, bowls, containers, spoons, and mixing devices used,
intended for use, or designed for use in compounding controlled
substances;
(9) Capsules, balloons, envelopes, and other containers used,
intended for use, or designed for use in packaging small quantities of
controlled substances;
(10) Containers and other objects used, intended for use, or
designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles, and other objects used,
intended for use, or designed for use in parenterally injecting
controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in
ingesting, inhaling, or otherwise introducing cannabis, cocaine,
hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads, or
punctured metal bowls;
(ii) water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and Carburetion masks;
(v) Roach clips: Meaning objects used to hold burning material,
such as a cannabis cigarette, that has become too small or too short
to be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes; _
20 Amend KCC 9.12 -
Re: Drug and Akoho/ Possession
(ix) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) Ice pipes or chillers.
(b) In determining whether an object is drug paraphernalia under
this section, a court or other authority should consider, in addition
to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object
concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in
control of the object, under any state or federal law relating to any
controlled substance;
(3) The proximity of the object, in time and space, to a direct
violation of this chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the
object;
(6) Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he or she knows, or should reasonably know, intend to use the object
to facilitate a violation of this chapter; the innocence of an owner,
or of anyone in control of the object, as to a direct violation of
this chapter shall not prevent a finding that the object is intended
or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object
concerning its use;
(8) Descriptive materials accompanying the object which explain
or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such as
a licensed distributor or dealer of tobacco products;
(12) Direct or circumstantial evidence of the ratio of sales of
the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in
the community; and
(14) Expert testimony concerning its use. (2022 c 16 § 52; 2012
c 117 § 366; 1981 c 48 s 1.]
Intent—Finding-2022 c 16: See note following RCW 69.50.101.
Severability-1981 c 48: "If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1981 c 48 § 4.]
21 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
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
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 #KEN976167
was published on May 5, 2023
The full amount of the fee charged for said foregoing publication is the
sum of$119.35
Rudi Alcott
Vice President,Advertising
Subscribed and sworn to me this 5' day of May, 2023 .
Jen fifer Tribbett, Notary Public for the State of Washington, Residing in
rting,Washington
,ExPtJg
NOT'A'
cis c PUB-LIC
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCE PASSED
BY THE CITY COUNCIL
The following is a sum
mary of an ordinance
passed by the Kent City
Council on May 2,2023.
ORDINANCE NO. 4461
-AN ORDINANCE of the
City Council of the City
of Kent.Washington,re-
pealing Chapter 9.12 of
the Kent City Code and
reenacting a new Chap-
ter 9.12 of the Kent City
Code.entitled"Drug and
Alcohol Possession to:
(i) prohibit the unlawful
possession of controlled
substances. legend
drugs, counterfeit con-
trolled substances, and
drug paraphernalia: (ii)
to prohibit the public use
of controlled substances.
legend drugs.and Coun-
terfeit controlled sub-
stances. and (m) to
create a new allernalive
two-year deferred prose-
cution program for indi-
viduals charged with
such crimes to connect
them with necessary
treatment,while allowing
them to have their crimi-
nal charges dismissed
and their convictions va-
cated upon their suC-
cessful completion of
treatment and compli-
ance with the cour's or-
ders- This ordinance.
shall take effect and be
in force:at 12:01 a.m.on
July 1.2023,which date
is at least 30 days from
and after its passage.
Until that date,the exist-
ing provisions of Chapter
9.12 KCC shall remain in
effect.
A copy of the complete
test of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komolo.
Proofed by Jennifer Tribbett,05/01/2023 1 1:41:56 am Page:2
Classified Proof
City Clark
Kk omoton Kant WA.gov
253-856-5725
#976167
515123
Proofed by Jennifer Tribbett,05/01/2023 1 1:41:56 am Page:3