6.02.070 Public use and possession of controlled substances.
(a) Except as otherwise authorized by Chapter 69.50 RCW or a different applicable law, it is unlawful for any person to:
(1) Knowingly possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice; or
(2) Knowingly use a controlled substance in a public place unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice.
(b) For purposes of this section, "use a controlled substance" means to introduce the substance into the human body by injection, inhalation, ingestion or any other means.
(c) For purposes of this section, "public place" has the same meaning as set forth in RCW 66.04.010 in its current form or any future form following any amendment, addition or recodification. The exclusions set forth in RCW 66.04.011 do not apply.
(d) Except as provided in RCW 69.50.4014 or 69.50.445, a violation of subsection (a)(1) or (a)(2) of this section is a gross misdemeanor punishable by imprisonment of up to one hundred eighty days in jail, or by a fine of not more than one thousand dollars, or both such imprisonment and fine; provided, however, that if the defendant has two or more prior convictions under subsection (a)(1) or (a)(2) of this section occurring after the effective date of the ordinance codified in this section, then a violation of subsection (a)(1) or (a)(2) of this section is punishable by imprisonment for up to three hundred sixty-four days in jail, or by a fine of not more than one thousand dollars, or by both such imprisonment and fine. The prosecutor is encouraged to divert such cases for assessment, treatment or other services.
(e) No person may be charged under both subsections (a)(1) and (a)(2) of this section relating to the same course of conduct.
(f) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110 or from a program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement-assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115.
(g) The possession, by a person twenty-one years of age or older, of cannabis, useable cannabis, cannabis concentrates or cannabis-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this section.
(h) The possession of cannabis, useable cannabis, cannabis concentrates or cannabis-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385(3), by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW 69.50.382 and 69.50.385, is not a violation of this section.
(i) No person under twenty-one years of age may knowingly possess cannabis, useable cannabis, cannabis concentrates or cannabis-infused products, regardless of THC concentration. This does not include qualifying patients with a valid authorization. Violation of this subsection is a misdemeanor punishable by imprisonment of up to ninety days in jail, or by a fine of not more than one thousand dollars, or both such imprisonment and fine.
(j) The possession by a qualifying patient or designated provider of cannabis, useable cannabis, cannabis concentrates, cannabis-infused products or plants in accordance with Chapter 69.51A RCW is not a violation of this section. (Ord. 2217, § 2, 2024.)