HomeMy WebLinkAbout2024-002 Ordinance amending the City of Yakima Municipal Code Section 6.08.015 by adopting Revised Code of Washington 69.50.475 ORDINANCE NO. 2024-002
AN ORDINANCE amending the City of Yakima Municipal Code Section 6.08.015 by
adopting Revised Code of Washington 69.50.475, relating to penalties for
sales of cannabis by cannabis retail outlets to persons under twenty-one
years of age.
WHEREAS, by initiative the people of the State of Washington legalized cannabis sales
in authorized retail outlets; and
WHEREAS, several cannabis retail outlets exist within the corporate limits of the City of
Yakima; and
WHEREAS, it is a criminal offense under the Revised Code of Washington, 69.50.475,
punishable as a gross misdemeanor, for cannabis retail outlets to sell cannabis products to
persons under twenty-one years of age; and
WHEREAS, the City of Yakima must adopt within the Yakima Municipal Code the
aforementioned state law in order to prosecute violations in Yakima Municipal Court; and
WHEREAS, the City Council finds the sale of cannabis by cannabis retail outlets to
persons under twenty-one years of age to be contrary to the peace and dignity of the City of
Yakima and that adoption of the state law prohibiting such sales is necessary for public safety;
now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following section, 6.08.015, of the City of Yakima Municipal Code is
hereby amended to read as follows:
6.08.015 Statutes adopted.
The following Revised Code of Washington (RCW) sections, as currently enacted
or as hereafter amended or recodified from time to time, are hereby adopted by
reference and shall be given the same force and effect as if set forth herein in full:
69.41.010 Definitions—Legend Drugs.
69.41.030 Possession of Legend Drugs Without Prescription or
Order.
9.47A.010 Definition.
9.47A.020 Unlawful inhalation—Exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty.
69.50.101 Definitions.
69.50.102 Definitions—Drug paraphernalia.
69.50.4011 Counterfeit Substances—Penalty.
69.50.4013 Possession of Controlled Substances—Penalty—
Possession of Usable Cannabis, Cannabis Concentrate, or
Cannabis Infused Product—Delivery.
69.50.4014 Possession of forty grams or less of marijuana—Penalty.
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69.50.412 Prohibited acts.
69.50.4121 Drug paraphernalia—Selling or giving—Penalty.
69.50.445 Opening package of or consuming marijuana, useable
marijuana, or marijuana-infused product in view of general
public—Penalty.
69.50.475 Cannabis retail outlets—Sale to persons under the age of
twenty-one—Penalty.
69.51A.060 Use or Display of Medical Marijuana.
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 6th day of February, 2024.
Patricia Byers, ayor
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Brandy Brad r , Deput ity Cler ASHING�
Publication Date: February 10, 2024
Effective Date: March 11, 2024
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: February 6, 2024
ITEM TITLE: Ordinance amending the City of Yakima Municipal Code Section
6.08.015 by adopting Revised Code of Washington 69.50.475,
relating to penalties for sales of cannabis by cannabis retail outlets
to persons under twenty-one years of age
SUBMITTED BY: Jeffrey Allen Schaap, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The Revised Code of Washington (RCW), 69.50.475, makes the sale of cannabis by cannabis
retail outlets to persons under twenty-one years of age a criminal offense punishable as a gross
misdemeanor. Employees/owners of said stores can be prosecuted for violations of the statute.
In order to prosecute a violation of a state law in Yakima Municipal Court the City must adopt the
specific RCW within the Yakima Municipal Code. The Yakima Police Department from time to
time conducts enforcement of under age sales, such the sale of liquor by retail establishments to
persons under twenty-one years of age. Adoption of RCW 69.50.475, would allow the City to
prosecute any violations of the statute in Yakima Municipal Court. The full statute is set out below:
Cannabis retail outlets—Sale to persons under the age of twenty-one—Penalty.
(1) Except as otherwise authorized in this chapter and as provided in subsection (2)of this
section, an employee of a retail outlet who sells cannabis products to a person under the age of
twenty-one years in the course of his or her employment is guilty of a gross misdemeanor.
(2)An employee of a retail outlet may be prosecuted under RCW 69.50.401 or 69.50.406 or any
other applicable provision, if the employee sells cannabis products to a person the employee
knows is under the age of twenty-one and not otherwise authorized to purchase cannabis
products under this chapter, or if the employee sells or otherwise provides cannabis products to a
person under the age of twenty-one outside of the course of his or her employment.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER