04-20-2021 OrdinanceOrdinance Prohibiting
Misdemeanor Drug Possession
April 220, 2,0221
Background
The recent Washington Supreme Court decision in State v.
Blake invalidated certain state law provisions that made it a
felony to possesses specific controlled substances.
The statute did not require the state to prove that a defendant
knew about the drugs (hens Rea).
The court was particular 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 prosecution.
The Court decision means the state cannot currently
enforce criminal possession of a controlled substance.
ciO4V OF
WON Way
Proposed Ordinance
It is unlawful for any person to knowinpossess 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.
Although it has not done so yet, the state legislature
could modify state law to make it valid again. Action
by the state legislature will almost surely preempt this
ordinance.
Financial Impacts
FWPD costs are already budgeted because FWPD
already investigates illegal possession of controlled
substances.
Prosecuting possession will add work for prosecutors,
but this can be accommodated with existing resources
by limiting prosecutions under this new ordinance.
Further increases in prosecution may require an
additional prosecutor in the future, but the cost of a
new prosecutor is not a part of this proposal.
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.
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Questions,,?