Title
Approval of an Ordinance Amending Olympia Municipal Code Chapter 9.28 Relating to Drugs to Incorporate by Reference Legislative Amendments to RCW 69.50.4011
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve an Ordinance Amending OMC Chapter 9.28 Relating to Drugs to Incorporate by Reference Legislative Amendments to RCW 69.50.4011 on second reading.
Report
Issue:
Whether to approve an Ordinance Amending OMC Chapter 9.28 Relating to Drugs to Incorporate by Reference Legislative Amendments to RCW 69.50.4011 on second reading.
Staff Contact:
Mark Barber, City Attorney, 360.753.8338
Presenter(s):
None - Consent Calendar
Background and Analysis:
Background and analysis have not changed from first to second reading.
On May 16, 2023, after a special session of the Legislature called by Governor Jay Inslee to address the "Blake Fix," the legislature passed E2SSB 5536 as part of the 68th Legislature, 2023 1st Special Session, which among other things, amended RCW 69.50.4011.
The Olympia Municipal Code (OMC) Chapter 9.28 relates to misdemeanor drug offenses in the City of Olympia. OMC 9.28.010 adopts state statutes by reference, as they appear now or may hereafter be amended, as though fully set forth in OMC Chapter 9.28. Previously, RCW 69.50.4011 had not been adopted by reference into the Olympia Municipal Code.
The Olympia Municipal Court has jurisdiction over both gross and simple misdemeanors committed within the municipal boundaries of the City of Olympia.
Amendments in 2E2SSB 5536 to RCW 69.50.4011(3) make violation of RCW 69.50.4011(1)(b) and (c) a gross misdemeanor punishable for any person to knowingly possess a counterfeit substance or to knowingly use a counterfeit substance in a public place by imprisonment of up to180 days, or by a fine of not more than $1,000, or by both such imprisonment and fine on the first offense. However, if the defendant has two or more prior...
Click here for full text