06-15-2021 Criminalization of the PossessionRepeal of FWRC prohibiting
Unlawful Possession of Drug
Paraphernalia
PRHSPSC -June 8, ZOZi
City Council - June 15, ZOZi
Background
The recent Washington Supreme Court decision in State v.
Blake invalidated the state's simple drug possession statute
because the statute lacked a requirement that the
government prove intentional possession.
On May 13, 2,02,1, the Governor signed into law SB 5476,
which created a statewide misdemeanor for the possession
of a controlled substance., which established pre -arrest
diversion to treatment, establishes treatment programs for
substance abuse and removed criminal prohibition on
possession of items defined as "drug paraphernalia."
redut
2
SB 5476
(i) It is unlawful for any person to use drug
paraphernalia to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce,
process, or prepare((,
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controlled
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substance other than marijuana. Any person who
violates this subsection is guilty of a misdemeanor.
Background, Cont.
The legalization of items defined as "drug
paraphernalia" preempts and supersedes Federal Way's
local ordinance rendering it invalid.
04V OF
Proposed Ordinance
Ordinance repeals Federal Way Revised Code
("FWRC") 6.io.040, 6.io.050, and 6.io.o6o related to
possession of drug paraphernalia as these laws conflict
with the new state law.
Financial Impacts
No direct fiscal impact to the City
Questions,,?