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?