A. Except where punishable under Chapter 10.37 EMC, it is unlawful for any person to knowingly use any controlled substance in a public place, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or as otherwise authorized under federal or state law.

B. “Use” means to inject, ingest, inhale, or otherwise introduce a controlled substance into the human body.

C. “Controlled substance” means a drug, substance, or immediate precursor included in Schedules I, II, III, and IV as set forth in federal or state laws, or federal or commission rules, but does not include cannabis, cannabis concentrates, cannabis products, or cannabis-infused products as those terms are defined in RCW 69.50.101.

D. “Public place” means an area generally visible to public view, and includes any place to which the public has a right of access, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), transit vehicles, transit stations, and buildings open to the public, as well as doorways, windows, drive-up windows, and entrances to buildings or dwellings that are visible to public view.

E. “Practitioner” shall have the same meaning as in RCW 69.50.101 as currently enacted or later amended.

F. When a police officer has probable cause that a person has violated this section, the officer may, but is not required to, refer that person to services, a jail alternative program, and/or a diversion program in lieu of jail booking, citation, or referral to the prosecutor for the criminal offense.

G. Any person who violates this section is guilty of a gross misdemeanor, except if the Washington State Legislature enacts any provision consistent with subsections (A) through (E) of this section, the penalty for a violation of this section shall be the same as that prescribed by state law. (Ord. 3956-23 § 1, 2023.)