ORD 21-911 - Relating to Misdemeanor PosessionORDINANCE NO.21-911
AN ORDINANCE of the City of Federal Way, Washington, relating to
misdemeanor possession of controlled substances; adding new section
6.10.130 to Chapter 6.10 FWRC.
WHEREAS, the use of controlled substances without a prescription and the supervision of
a medical professional can result in physical injury or death; and
WHEREAS, the use of controlled substances without a prescription and the supervision of
a medical professional often exacerbates mental health conditions; and
WHEREAS, using controlled substances can alter a person's brain or brain chemistry with
negative health consequences; and
WHEREAS, persons using controlled substances can become addicted to such substances
resulting in negative physical and mental health consequences and damage to family and personal
relationships; and
WHEREAS, the use of controlled substances without a prescription or medical supervision
is more likely to result in addiction; and
WHEREAS, the use of controlled substances without a prescription is positively correlated
with criminal behavior; and
WHEREAS, on February 25, 2021, the Washington State Supreme Court held in the case
of State v. Blake, No. 96873-0, that RCW 69.50.4013(1) — the statute that criminalized the
possession of a controlled substance without a prescription — exceeds the state's police power and
violates the
due process clauses of the state and federal constitutions because it creates a strict -liability felony
offense; and
Ordinance No. 21-911 Page 1 of 4
WHEREAS, the Supreme Court's ruling has the effect of eliminating any criminal
penalties for the possession of a controlled substance without a prescription; and
WHEREAS, the Supreme Court's ruling also eliminates the authority of police officers to
contact or arrest persons possessing a controlled substance without a prescription; and
WHEREAS, the lack of criminal penalties for the possession of controlled substances
without a prescription will immediately result in an increase in the negative health and safety
consequences associated with the use of controlled substances without a prescription; and
WHEREAS, the lack of enforcement authority of the police will interfere with the City's
initiatives to address addiction and criminal activity associated with the use of controlled
substances without a prescription by eliminating incentives for individuals to enter treatment or
obtain necessary social services; and
WHEREAS, the effect of eliminating criminal penalties and police authority in regard to
the possession and use of controlled substances without a prescription will have an immediate,
direct, and negative impact on the health, safety, and welfare of the City's inhabitants.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 6.10 of the Federal Way Revised Code is hereby amended to add a new
section 6.10.130 to read as follows:
6.10.130 - Knowing possession of controlled substances prohibited
(1) 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.
Ordinance No. 21-911 Page 2 of 4
(2) The terms "controlled substance" and "practitioner" as used in subsection 1 of this section
are defined by RCW 69.50.101.
(3) Violation of subsection 1 of this section is a gross misdemeanor.
Section 2. Severability_. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, 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 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 ordinance 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 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make 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 4. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 20th day of April, 2021.
[signatures to follow]
Ordinance No. 21-911 Page 3 of 4
CITY OF FEDERAL WAY:
FERRELL, MAYOR
ATTEST:
Sl'P,PfJANIE COURTNEY, C, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, TY ATTORNEY
FILED WITH THE CITY CLERK: 04/14/2021
PASSED BY THE CITY COUNCIL: 04/20/2021
PUBLISHED: 04/23/2021
EFFECTIVE DATE: 05/23/2021
ORDINANCE NO.: 21-911
Ordinance No. 21-911 Page 4 of 4