ORD 21-918 - Repealing Ordinance in Response to the State Preemption (Paraphernalia)ORDINANCE NO.21-918
AN ORDINANCE of the City of Federal Way, Washington, relating to
Criminal Possession of Drug Paraphernalia; repealing Federal Way
Revised Code Sections 6.10.040, 6.10.050, and 6.10.060. (Repealing
Ordinance Nos. 99-362 and 91-89)
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,
WHEREAS, the Supreme Court's ruling had the effect of eliminating any criminal penalties
for the possession of a controlled substance without a prescription; and,
WHEREAS, on May 13, 2021, the Governor signed ESB 5476 creating a state law making
the knowing possession of a controlled substance or counterfeit substance without a valid
prescription a misdemeanor crime; and,
WHEREAS, ESB 5476 removes criminal sanctions for the possession of many forms of
equipment and packaging previously defined as "drug paraphernalia" including items used to test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the
human body a controlled substance other than marijuana; and,
WHEREAS, the state law on this topic preempts or supersedes local ordinances related to
possession of drug paraphernalia, invalidating the City of Federal Way's local prohibition of
possession of a drug paraphernalia.
Ordinance No. 21-918 Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Federal Way City Council hereby repeals Federal Way Revised Code (FWRC)
sections 6.10.040 (Drug paraphernalia — possession prohibited), 6.10.050 (Drug paraphernalia —
Definitions), and 6.10.060 (Drug paraphernalia — Determination).
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 be effective five (5) days after passage and
publication as provided by law.
Ordinance No. 21-918 Page 2 of 3
PASSED by the City Council of the City of Federal Way this 6th day of July, 2021.
CITY OF FEDERAL WAY:
"'00/
1,1"*RLL,.
ATTEST:
E F-IANIE COURTNE MC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 06/09/2021
PASSED BY THE CITY COUNCIL: 07/06/2021
PUBLISHED: 07/09/2021
EFFECTIVE DATE: 07/14/2021
ORDINANCE NO.: 21-918
Ordinance No. 21-918 Page 3 of 3