File #: 21-0614    Version: 1
Type: ordinance Status: Passed
File created: 6/14/2021 In control: City Council
Agenda date: 6/22/2021 Final action: 6/22/2021
Title: Approval of an Ordinance Relating to Controlled Substances and Amending Olympia Municipal Code Section 9.28.010 by Adopting RCW 69.50.4013, as Amended by Engrossed Senate Bill 5476, Chapter 311, Addressing the State v. Blake Decision - First and Final Reading
Attachments: 1. Ordinance
Title
Approval of an Ordinance Relating to Controlled Substances and Amending Olympia Municipal Code Section 9.28.010 by Adopting RCW 69.50.4013, as Amended by Engrossed Senate Bill 5476, Chapter 311, Addressing the State v. Blake Decision - First and Final Reading

Recommended Action
Committee Recommendation:
Not referred to a committee.

City Manager Recommendation:
Move to approve on first and final reading the Ordinance relating to controlled substances and amending Olympia Municipal Code Section 9.28.010 by adopting RCW 69.50.4013, as amended by ESB 5476, Chapter 311, Laws of 2021 addressing the State v. Blake Decision on first and final reading.

Report
Issue:
Whether to adopt RCW 69.50.4013 relating to controlled substances, as amended by ESB 5476, Chapter 311, Laws of 2021 Addressing the State v. Black Decision on first and final reading.

Staff Contact:
R. Tye Graham, Chief Prosecutor, 360.753.8449

Background and Analysis:
From the 2016 US Surgeon General Executive Summary:
"In 2015, over 27 million people in the United States reported current use of illicit drugs or misuse of prescription drugs, and over 66 million people (nearly a quarter of the adult and adolescent population) reported binge drinking in the past month. Alcohol and drug misuse and related disorders are major public health challenges that are taking an enormous toll on individuals, families, and society. Neighborhoods and communities as a whole are also suffering as a result of alcohol- and drug-related crime and violence, abuse and neglect of children, and the increased costs of health care associated with substance misuse. It is estimated that the yearly economic impact of substance misuse is $249 billion for alcohol misuse and $193 billion for illicit drug use."

The Washington Supreme Court ruled in State v. Blake, 197 Wn.2d 170, in February of 2021 that the state statute against possession of a controlled substance, RCW 69.50.4013 was unconstitutional. The reasoning of the ...

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