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8a - Drug Possession OrdinanceOrdinance Prohibiting Misdemeanor Drug Possession April 20, 2,02,1 Background The Washington Supreme Court decision in State u Blake invalidated certain state law provisions that made it a felony to possess specific controlled substances. The invalidated statute did not require the state to prove that a defendant knowingly possessed the drugs (hens Rea). The court was particularly focused on an "innocent possessor" scenario where a person who had no knowledge of the drugs (borrowed something containing drugs, like a car or jacket) could be subject to a felony conviction. Background Instead of simply adding the word "knowing" to the state law, the State Legislature passed a temporary measure focused on treatment that made criminal enforcement extremely difficult. This experimental law sunsets on July i, 2023. The Legislature has not passed afollow-on measure. If no new statewide law is effective on July i, 2023, then functionally the state will have no valid law against possession of narcotics and other destructive drugs. Proposed Ordinaricc It is unlawful for any person to knowingly possess a controlled substance other than marijuana unless the substance was obtained directly from, or in accordance with, a valid prescription or order of a practitioner while acting in the course of their professional practice. Violation is a gross misdemeanor. The new ordinance would be enforced by the FWPD and city prosecutors in municipal court. This language is identical to the original RCW, with the addition of the word "knowingly." Future enforcement Before Blake, cities were not authorized to establish the penalty for drug possession because it was preempted by state law. Future action by the Legislature related to drug possession is highly likely to preempt this local ordinance as the state. Financial Impacts FWPD costs are already budgeted because FWPD already investigates illegal possession of controlled substances. Historically, drug possession prosecution has been handled by the county in Superior Court and as such any prosecution of this city ordinance will bean increase in work load for court, prosecution and defense attorneys. Prohibiting possession is important Without this ordinance, possession of extremely harmful and addictive drugs such as cocaine, heroin, and methamphetamine cannot be addressed criminally. Theft, violent crime, impaired driving, and many other crimes have a direct correlation to the use of these types of drugs and will likely increase, negatively impacting our citizens. Mayor Ferrell believes it is untenable to allow the consequence -free possession of these types of substances in a city the size of Federal Way. He strongly recommends that the City Council approve this ordinance. Questions?