ORD 23-004ORDINANCE NO. 23 -004
AN ORDINANCE adopting the amendments to Chapter 69.50
RCW, and Chapter 69.41 RCW, as set forth in Washington State
Senate Bill 5536, and amending Camas Municipal Code Chapter
9.36.
WHEREAS, on February 25, 2021, the Washington State Supreme Court held in the case
of State v. Blake that RCW 69.50.4013 exceeded the state's police power and violated the due
process clauses of the state and federal constitutions, which had the effect of eliminating criminal
penalties for the possession of a controlled substance; and
WHEREAS, on May 17, 2023, the Governor signed Senate Bill 5536 into law which
criminalizes the knowing possession of controlled substance without a valid prescription, and
knowing use of a controlled substance in a public place without a valid prescription; and
WHEREAS, Sections 1 through 5, 7 through 11, and 41 of SB 5536 are necessary for the
immediate preservation of the public peace, health, or safety, or support of the state government
and its existing public institutions , and take effect on July 1, 2023; and
WHEREAS, the City of Camas through its prosecution, based upon the totality of the
circumstances, may offer a stay of proceeding or diversion which includes assessment, treatment
or other services; may refer a case to the Clark County Drug Court; or may recommend
imposition of sentence up to the maximum penalty as set forth in SB 5536; and
WHEREAS, the City of Camas desires to adopt the provisions of SB 5536 relating to its
police power and police authority to protect the health, safety and welfare of Camas's
inhabitants.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAMAS AS FOLLOWS:
Section I
Camas Municipal Code 9.36.010(A)(153) is readopted as follows:
Ordinance No . 23-004 Page2
9.36.010(A)(153). All Chapter 69.50 RCW offenses, as adopted or as
hereinafter amended, for which the penalty is either a misdemeanor or gross
misdemeanor.
Section II
Camas Municipal Code 9.36.0l0(A)(l 16) is amended as follows:
9.36.010(A)(116). RCW 69.41 .030: Sale, delivery, or possession of legend
drug, as adopted or as hereinafter amended, for which the penalty is either a
misdemeanor or gross misdemeanor.
Section III
Camas Municipal Code 9 .36.010(A)(116) is amended as follows:
9.36.0lO(A)(ll 7). RCW 69.41.070: Penalties, as adopted or as hereinafter
amended.
Section IV
Camas Municipal Code 9.36.010(A)(148) is amended as follows:
9.36.010(A)(148). RCW 69.50.4121: Drug paraphernalia-Selling or
giving-Penalty, as adopted or as hereinafter amended.
Section V
This ordinance shall take force and be in effect July 1, 2023 , after its publication
according to law.
Ordinance No. 23-004 Page 3
PASSED by the Council and APPROVED by the Mayor this
APJ;;JZ°;ii!::____
City Attorney