BILL REQ. #:  H-3068.1 

Read first time 01/20/14.   Referred to Committee on Government Accountability & Oversight.

     AN ACT Relating to authorizing municipalities to prohibit the possession of marijuana and marijuana-based products within their jurisdictional boundaries; amending RCW 69.50.4013; adding a new section to chapter 69.50 RCW; creating new sections; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   This act may be known and cited as the local control over marijuana use and possession act.

NEW SECTION.  Sec. 2   Through its legalization of the production, sale, and possession of marijuana, Initiative Measure No. 502 has presented the state and local governments with a host of difficult and troubling public policy questions and engendered concerns in many communities that the ability of local governments to preserve public health and safety has been compromised. Although the initiative was passed by a majority of voters statewide, the simple truth is that the initiative was unpopular in a great many cities, counties, and regions of the state. Thus, while the passage of Initiative Measure No. 502 might be regarded as a desirable step by the voters in some areas, in many communities the initiative is seen as a threat to the ability of local governments to maintain public safety and protect the health of their citizens.
     Those opposed to increasing the presence of marijuana in their communities pursuant to Initiative Measure No. 502 can find ample support for their concerns in the available statistical evidence. Over the last decade, there has been a notable upward trend in fatal automobile accidents related to drug use, including marijuana. In 2007, more drivers tested positive for drugs than for alcohol. Between 2009 and 2011, over forty percent of young, male drivers involved in fatality automobile accidents were found to be impaired by drug use. Sixteen and seventeen-year old drivers are twice as likely to be impaired by drugs than by alcohol, and the drug of choice is marijuana. And, in 2010, the number of accidental deaths involving drugs exceeded those involving alcohol.
     Therefore, it is the intent of the legislature to provide local governments with a degree of self-determination regarding the implementation of Initiative Measure No. 502 and thus grant them the authority to prohibit the personal use or possession of marijuana within their jurisdictional boundaries.

NEW SECTION.  Sec. 3   A new section is added to chapter 69.50 RCW to read as follows:
     Through the enactment of an ordinance approved by a majority of its governing body, a county, city, or town may prohibit a person from possessing one ounce or less of useable marijuana, sixteen ounces or less of marijuana-infused product in solid form, or seventy-two ounces of marijuana-infused product in liquid form. A county, city, or town enacting such ordinance may, at its option, enforce the prohibition through the passage of an ordinance making a violation either a civil infraction pursuant to chapter 7.80 RCW or a misdemeanor with a maximum sentence of ninety days in jail and a maximum fine of one thousand dollars.

Sec. 4   RCW 69.50.4013 and 2013 c 3 s 20 (Initiative Measure No. 502) are each amended to read as follows:
     (1) It is unlawful for any person to possess a controlled substance unless the substance 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 this chapter.
     (2) Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.
     (3) Except as provided under section 3 of this act, the possession, by a person twenty-one years of age or older, of useable marijuana or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this section, this chapter, or any other provision of Washington state law.

NEW SECTION.  Sec. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.