SEATTLE CITY COUNCIL - Record No: CB 120645

• Record No: CB 120645
• Version: 3
• Council Bill No: CB 120645
• Type: Ordinance (Ord)
• Status: Passed
• Current Controlling Legislative Body: City Clerk
• On agenda: 9/19/2023
• Ordinance No: Ord 126896
• Title: AN ORDINANCE relating to controlled substances; adding the crimes of knowing possession of a controlled substance and use of a controlled substance in a public place; amending Section 12A.09.020 of the Seattle Municipal Code; and adding a new Section 3.28.141 to the Seattle Municipal Code.
• Sponsors: Lisa Herbold, Andrew Lewis
• Supporting documents: 1. Summary and Fiscal Note, 2. Central Staff memo, 3. Substitute Amendment 1, 4. Amendment 2, 5. Amendment 3, 6. Amendment 4, 7. Amendment 5, 8. Amendment 1 Version 2 (added; 9/12/23), 9. Amendment 6 (added; 9/12/23), 10. Amendment 7 (added; 9/12/23), 11. Proposed Amendment A, 12. Proposed Amendment B, 13. Proposed Amendment C, 14. Proposed Amendment D, 15. SOCR Memo, 16. Signed Ordinance 126896, 17. Affidavit of Publication

Date	Ver.	Action By	Action	Result
9/20/2023	3	City Clerk	attested by City Clerk
9/20/2023	3	Mayor	returned
9/20/2023	3	Mayor	Signed
9/20/2023	3	City Clerk	submitted for Mayor's signature
9/19/2023	2	City Council	passed as amended	Pass
9/12/2023	1	Public Safety and Human Services Committee	pass as amended	Pass
8/15/2023	1	City Council	referred
8/10/2023	1	Council President's Office	sent for review
8/2/2023	1	City Clerk	sent for review
8/2/2023	1	Mayor	Mayor's leg transmitted to Council

CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to controlled substances; adding the crimes of knowing possession of a controlled substance and use of a controlled substance in a public place; amending Section 12A.09.020 of the Seattle Municipal Code; and adding a new Section 3.28.141 to the Seattle Municipal Code.
body
WHEREAS, in 2021, the Washington State Supreme Court struck down Washington's criminal statute prohibiting possession of a controlled substance in the case of State v. Blake; and
WHEREAS, in State v. Blake, the Washington Supreme Court determined it was necessary for the State to require proof of knowing possession of a controlled substance to obtain a conviction; and
WHEREAS, in response to State v. Blake, the State Legislature passed ESB 5476, which it subsequently amended in May 2023 with 2E2SSB 5536; and
WHEREAS, prior to State v. Blake, drug possession was a Class C felony, and cases in Seattle were referred to the King County Prosecuting Attorney for review and a determination of whether to file criminal charges and were processed through the King County Superior Court system; and
WHEREAS, 2E2SSB 5536 reclassifies the knowing possession of a controlled substance, and the knowing use of a controlled substance in a public place, as gross misdemeanors; and
WHEREAS, Council Bill 120586, received by the City Clerk on May 17, 2023, aimed to adopt 2E2SSB 5536 into the Seattle Municipal Code, but was rejected by a 5 to 4 vote of the City Council on June 6, 2023; and
WHEREAS, the reclassification provisions took effect on July 1, 2023, and certain other provisions of the law will take effect on August 15, 2023, and January 1, 2025; and
WHEREAS, with the State's reclassification of these offenses to gross misdemeanors, it is necessary for The City of Seattle to adopt the State statute so that the Seattle City Attorney may receive and evaluate referrals submitted by Seattle police, and consid...