9.04.010 Definitions.
A. “Controlled substances” means a drug, substance, or its immediate precursor, listed in Schedule I, II, III, or IV of the Uniform Controlled Substances Act, Chapter 69.50 RCW.
B. “Drug” means:
1. Substances recognized as drugs in the official U.S. pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; or
2. Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or animals; or
3. Substances affecting or intended to affect the structure or any function of the body of humans or animals, except for food, and except for vitamins and minerals approved by the U.S. Food and Drug Administration for use as minerals and vitamins.
C. “Drug-related activity” means any of the following:
1. Administering drugs, controlled substances or imitation controlled substances, whether by injection, inhalation, ingestion, or any other means, to oneself or to another person; or
2. Delivering drugs, controlled substances or imitation controlled substances by the actual, constructive or attempted transfer of drugs, controlled substances or imitation controlled substances from one person to another; or
3. Distributing drugs, controlled substances or imitation controlled substances by transferring or arranging for their transfer other than by administering or delivering them; or
4. Exhibiting the effects of having consumed any drug. For purposes of this subsection, “exhibiting the effects of having consumed any drug” means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that the person has injected, inhaled, ingested, or otherwise consumed any drug or that the person is under the influence of any drug.
D. “Prohibited area” means the portion of the city described by the Bothell police department as having a high occurrence of drug-related activity which has been declared an area to be included in a Stay Out of Drug Area order.
E. “Imitation controlled substance” means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance. Appearance includes, but is not limited to, color, shape, and size markings of the dosage unit. Representation includes, but is not limited to, representations or factors of the following nature:
1. Statements made by the person who owns or controls the substance regarding its nature, use or effect;
2. Statements made to the recipient that the substance can be resold for inordinate profit; or
3. Packing of the substance in a manner normally used for illicit controlled substances, such as but not limited to folded paper bundles, cellophane packages, aluminum foil balls or squares, 35 mm film canisters, zip-lock plastic baggies, two-inch glass vials, rubber balloons, bindles, or condoms.
F. “Known unlawful drug user, possessor or seller” means a person who has, to the knowledge of the arresting officer, within one year prior to the date of the person’s arrest for violation of this chapter, been convicted of any infraction or crime involving the use, possession or sale of any drug, legend drug, controlled substance, or imitation controlled substance, either in any court in Washington State, or in the courts of any other state; or
1. Who is displaying the physical characteristics of use of any drug, legend drug, or controlled substance, such as poor coordination, slurred speech, needle marks on the body, constricted pupils or dilated pupils; or
2. Who is in possession of drug paraphernalia as defined in BMC 9.11.010; or
3. Who is the subject of an order prohibiting the person’s presence in a prohibited area.
G. “Legend drug” means drugs which are required by Washington State statutes or administrative regulations, or regulations of the State Board of Pharmacy, to be dispensed on prescription only, or are restricted to use only by health care practitioners licensed by the state of Washington (including physicians under Chapter 18.71 RCW, osteopaths under Chapter 18.57 RCW, dentists under Chapter 18.32 RCW, podiatrists under Chapter 18.22 RCW, veterinarians under Chapter 18.92 RCW, registered nurses under Chapter 18.79 RCW, osteopaths’ assistants under Chapter 18.57A RCW, physicians’ assistants under Chapter 18.71A RCW, or pharmacists under Chapter 18.64 RCW, or pharmacies, hospitals or institutions licensed to distribute, dispense, conduct research with, or administer legend drugs to persons in the course of professional practice or research in the state).
H. “Loiter” means to stand about or to proceed with many stops. (Ord. 2226 § 1, 2017; Ord. 2218 § 1 (Exh. A), 2017).