Submitted for Council’s review are two amendments to Yakima Municipal Code (YMC)13.16.078 - Unlawful acts involving controlled substances or prescription drugs.
This ordinance is currently codified as a strict liability crime (lacks an intent element) and the penalty is not a statutory misdemeanor penalty. Strict liability drug possession crimes were declared unconstitutional in the State v. Blake Washington Supreme Court decision. State v. Blake, 197 Wash.2d 170, 481 P.3d 521 (2021) Senate Bill 5476, which went into effect on July 25, 2021, was adopted in response to the Blake case and controls this area of the law. The Blake legislative response added a, “knowing,” intent element to crimes regulating drug possession. The first proposed amendment adds a, “knowing,” intent element to YMC 13.16.078.
The proposed second amendment changes the penalty for these acts to the statutory misdemeanor penalty of 90 days and/or $1,000 dollar fine. Passing these amendments will bring this city ordinance in compliance with state law and allow the ordinance to be enforced. |