Douglas County approves controlled substance ordinance

“This ordinance has been adopted to protect the public health and safety of the community,” wrote Douglas County Records and Risk Manager Jordyn Giulio in an April 12 media release.

The county passed the ordinance in response to a Washington State Supreme Court decision last February that voided state law RCW 69.50 addressing controlled substance possession because the state law lacked a mental element in its language. The mental element refers to an individual’s acknowledgement that possession of a controlled substance is illegal. The Douglas County ordinance does contain the required mental element making it constitutionally sound Giulio wrote.

Commissioners approved the ordinance for Douglas County noting in part that they did not anticipate the state legislature making the necessary correction to the state bill this year. Ordinance language also noted that “the unlawful use of controlled substances can result in serious injury or death” and is “positively correlated with an increase in criminal behavior.”

Gross misdemeanor penalties for violating this ordinance can include a jail sentence of up to 364 days or a fine not to exceed $5,000, or both.

The Douglas County ordinance became effective on April 6.