06-15-2021 Prohibiting Misdemeanor Drug PossessionRepeal of Ordinance Prohibiting
Misdemeanor Drug Possession
PRHSPSC -
City Council -
June 8,
June 15,
2021
2021
Background
The recent Washington Supreme Court decision in
State a Blake invalidated certain state law provisions
that made it a felony to possess specific controlled
substances.
In response to this gap in the law, the Mayor directed
staff to present a local ordinance correcting the state
law's lack of an intent requirement to the Council.
04V OF
Background, Cont.
Council passed Ordinance No. ai-9ii on April ao, aozi,
which created a local gross misdemeanor for the
unlawful possession of a controlled substance.
On May 13, aoai, the Governor signed into law SB 5476,
which created a statewide misdemeanor for the
possession of a controlled substance.
The State law preempts Federal Way's local law on the
subject rendering it invalid.
Proposed Ordinance
The proposed ordinance repeals Ordinance No. ai-9ii.
Financial Impacts
The repeal of the Ordinance has no direct fiscal
impact to the City; however, the City will still be
prosecuting unlawful possession of controlled
substances under State law as a misdemeanor.
FWPD costs are already budgeted because FWPD
already investigates illegal possession of controlled
substances.
Questions,,?