ORD 12-732ORDINANCE NO. 12-732
AN ORDINANCE of the City of Federal Way, Washington, relating to
public use of marijuana; amending Federal Way Revised Code 6.10.030,
"Statutes adopted" and adding a new section to Chapter 6.10 FWRC,
"Drugs, Alcohol, and Poisons." (Amending Ord. Nos. 91-89, 99-362, 02-
429, 04-458, 04-463, OS-508 and 09-601)
WHEREAS, the voters of the State of Washington passed Initiative 502 ("I-502") to legalize
and regulate the possession, sale and use of certain amounts of marijuana by persons over the age of
21; and
WHEREAS, several sections of I-502 will become effective on December 6, 2012; and
WHEREAS, the Federal Way Revise Code ("FWRC") adopts state law by reference; and
WHEREAS, section 20 of I-502 amends section 69.50.4014 of the Revised Code of
Washington ("RCW") to legalize the use and possession of certain marijuana products by persons
over the age of 21; and
and
WHEREAS, section 21 of I-502 creates a class 3 infraction for the use of marijuana in public;
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
incorporate the state law into the FWRC; and
WHEREAS, this ordinance is necessary for the immediate preservation of public peace,
health and safety, and the support of City government;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDER.AL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. FWRC 6.40.010 is hereby amended as follows:
Ordinance No. 12-732 Page 1 of 4
6.10.030 Statutes adopted.
The following state statutes are adopted by reference:
RCW
69.41,020 Prohibited acts — Information not privileged communication.
69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited
— Exceptions.
69.41.040 Prescription requirements — Penalty.
69.41.050 Labeling requirements.
69.41.320 Practitioners — Restricted use — Medical records.
69.41.350 Penalties.
69.43.010 Report to state board of pharmacy — List of substances — Modification of list —
Identification of purchasers — Report of transactions — Penalties.
69.43.020 Receipt of substance from source outside state — Report — Penalty.
59.43.030 Exemptions.
69.43.035 Suspicious transactions — Report — Penalty.
69.43.043 Recordkeeping requirements — Penalty.
69.43.090 Permit to sell, transfer, furnish, or receive substance — Exemptions — Application for
permit — Fee — Renewal — Penalty.
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine — Sales restrictions —
Exceptions — Penalty.
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine — Sales restrictions — Penalty.
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine — Possession of more than
fifteen grams — Penalty — Exceptions.
69.43.170 Ephedrine, pseudoephedrine, phenylpropanolamine — Pilot project to record retail
transactions — Penalty.
69.50.101 Definitions.
69.50.204 Schedule I.
69.50.309 Containers.
69.50.4013 Possession of controlled substance — Penaltv.
69.50.4014 Possession of forty grams or less of marijuana — Penalty.
69.50.412 Prohibited acts: E— Penalties.
69.50.505 Seizure and forfeiture.
69.50.506 Burden of proof.
69.50.509 Search and seizure of controlled substances.
Section 2. A new section 6.10.035 is hereby adopted as follows:
6.10.035 Use of mariivana in public prohibited.
It is unlawful #o open a packaqe containinq mariivana, useable mariluana, or a mariluana-
infused product, or consume mariivana, useable mariivana, or a mariivana-infused product, in
view of the qeneral public. A person who violates this section is quiltv of a class 3 civil infraction
under chapter 7.80 RCW.
Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
Ordinance No. 12-732 Page 2 of 4
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to rnake necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this orciinance is hereby ratified and affirmed.
Section 6. Effective Date. By unanimous consent, the Council finds that this ordinance is
needed for the immediate preservation of public peace, health and safety and is not subject to
initiative or referendum pursuant to FWRC 1.30. This ordinance sha11 take effect and be in full force
upon adoption.
PASSED by the City Council of the City of Federal Way this 4�' day of December 2012.
CITY OF FEDERAL WAY
r
MA OR, P PRIEST
TTE T:
CI CL RK, CA OL MC ILLY, CMC
Ordinance No. 12-732 Page 3 of 4
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-27-2012
PASSED BY THE CITY COUNCIL: 12-04-2012
PUBLISHED: 12-07-2012
EFFECTIVE DATE: 12-04-2012
ORDINANCE NO.: 12-732
Ordinance No. 12-732 Page 4 of 4