Initiative Measure 73
AN ORDINANCE to Establish a Sensible Marijuana Law Enforcement Policy in Seattle
WHEREAS, Seattle and other Washington taxpayers bear the substantial costs of investigating, arresting, prosecuting and jailing people charged with possession of even small amounts of marijuana;
WHEREAS, federal education loans are denied to middle-income and lower-income students pursuant to Congressional amendments to the Higher Education Act where applicant students have been convicted of possessing even small amounts of marijuana;
WHEREAS, Americans were subjected to more than 600,000 arrests for possession of marijuana and arrests related to marijuana accounted for nearly half of all drug arrests in the United States in 1999;
WHEREAS, the failures and harms of the Drug War have fallen most heavily on racial minorities and lower-income communities, and no racial or economic group in Washington or the United States has escaped the Drug War unharmed;
Now, Therefore, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
A new section 12A.20.030 of the Seattle Municipal Code is added to read as follows:
SMC 12A.20.030 Enforcement Priority -- Marijuana Possession.
The Seattle Police Department and City Attorney's Office shall make the investigation, arrest and prosecution of persons believed to be in possession of 40 grams or less of marijuana pursuant to RCW 69.50.401(e) or similar legislation the City's lowest
law enforcement priority.
Section 3.33.020 of the Seattle Municipal Code (Ordinance 118580, Section 1, 1997; Ordinance 113786, Section 1 (part), 1987) is amended to read as follows:
SMC 3.33.020 Jurisdiction -- Authority.
The Municipal Court has jurisdiction to try violations of all City ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail
bonds and issue execution thereon, to hear and determine (({- all causes, civil or criminal, -})) civil or criminal {+ causes +} arising under such ordinances, and to pronounce judgment in accordance therewith; provided, that {+ the Municipal Court does
not have jurisdiction to hear any cause brought for possession of 40 grams or less of marijuana pursuant to RCW 69.50.401(e) or any similar provision of law. +} (({- for a -})) {+ For +} violation of the criminal provisions of an ordinance {+ , +} no
greater punishment shall be imposed than is authorized by state law. All civil and criminal proceedings in Municipal Court, and judgments rendered therein, shall be subject to review in the Superior Court by writ of review or on appeal. Costs in civil
and criminal cases may be taxed as provided by law.
A new section 12A.20.040 of the Seattle Municipal Code is added to read as follows:
SMC 12A.20.040 Medical Marijuana -- 60-Day Supply.
The Seattle Police Department and City Attorney's Office shall presume the 60-day amount of marijuana supplied by the federal government to participants in the Investigational New Drug program administered by the Department of Health and Human Services
at the time of the enactment of the Medical Use of Marijuana Act (RCW 69.51A) to be a 60-day supply of medical marijuana for purposes of enforcement of RCW 69.51A.
Severability of provisions
If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance or the application of the terms and provisions to other persons or circumstances shall not be affected.
