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A. Any person who violates any provision of subsections A. and B., or who sells or gives, or permits to be sold or given, to any person any drug paraphernalia in any form commits a Class 1 Civil Infraction under Chapter 7.80 RCW and shall be punished accordingly, pursuant to Chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction. It shall be no defense to a prosecution for an infraction issued under this subsection that the person acted, or was believed by the defendant to act, as agent or representative of another. Provided, that nothing in this Section prohibits legal distribution of injection syringe equipment through public health and community-based HIV prevention programs.

B. Any person 18 years of age or over who violates subsection A. of this Section by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his junior is guilty of a gross misdemeanor.

C. Any person who violates subsections A. or B., and has previously been found to have committed an infraction under either of those Sections within the most recent 24 month period shall be guilty of committing a misdemeanor. Upon conviction, said person shall be punished by a fine of not more than $1,000.00 and confinement of up to 90 days, or a combination of a fine and confinement.

(Ord. 2005-103 § 1 (part), 2006)