BILL REQ. #: H-3068.1
State of Washington | 63rd Legislature | 2014 Regular Session |
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.