Information

Type: Hearing - Ordinance

Department: PAO - Prosecuting Attorney's Office

Directors' Update: April 28, 2021

Business Meeting: May 4, 2021

Summary:

Ordinance 1324: A criminal ordinance prohibiting the possession of controlled substances, counterfeit substances, and legend drugs, as well as prohibiting certain related activities, and setting penalties 

Publications:

Cover Letter To:

Additional Copies To: Sheriff Robert Snaza, Presiding Superior Court Judge James Lawler, Superior Court Judge Andrew Toynbee, Presiding District Court Judge Wade Samuelson

Ordinance

WHEREAS, Chapter 69.50 RCW regulates controlled substances and counterfeit controlled substances, setting criminal penalties for violations of its provisions; and

WHEREAS, Chapter 69.41 RCW regulates legend drugs, setting criminal penalties for violations of its provisions; and

WHEREAS, the Washington State Supreme Court's February 25, 2021 decision in State v. Blake, No. 96873-0, rendered RCW 69.50.4013 void for failing to include a constitutionally required mental element within the crime of possession of a controlled substance; and

WHEREAS, the Blake decision's reasoning potentially threatens certain other possession provisions in Chapters 69.50 and 69.41 RCW, but also makes clear that including the required mental element would remedy the constitutional problem in such provisions; and

WHEREAS, the State Legislature may or may not be able to pass statutes remedying the constitutional problem in the 2021 legislative session; and

WHEREAS, under Article XI, Section 11 of the state constitution, Lewis County has the power to pass police and sanitary regulations unless in conflict with general laws, which may include enacting crimes by local ordinance; and

WHEREAS, Lewis County desires to reinforce the state crimes affected by the Blake decision against challenge by including them in county ordinance with the required mental element.

NOW THEREFORE BE IT ORDAINED that the attached Ordinance 1324 be enacted as ordained by the Lewis County Board of County Commissioners after the public hearing on this issue.

DONE IN OPEN SESSION this ___ day of ___, ___.