A. Any person who violates any provision of GHMC 9.38.020 commits a civil infraction under Chapter 7.80 RCW and shall be punished by a fine of $250.00. 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 GHMC 9.38.020 by delivering drug paraphernalia to a person less than 18 years of age who is at least three years his junior shall be guilty of a gross misdemeanor. Upon conviction, said person shall be punished according to GHMC 1.16.010.

C. Any person who violates subsections A or B of this section and has previously been found to have committed an infraction under either of those subsections within the most recent 24-month period shall be guilty of committing a misdemeanor. Upon conviction, said person shall be punished according to GHMC 1.16.010. (Ord. 1055 § 1, 2006).