HomeMy WebLinkAboutO-2867 - Moratorium on establishment of medical marijuana dispensaries and collective gardens (Special)CITY OF MARYSVILLE
MARYSVILLE, WASHINGTON
ORDINANCE NO.c2. ~b 7
AN INTERIM ORDINANCE OF THE CITY OF
MARYSVILLE, WASHINGTON, ADOPTING A
MORATORIUM ON THE ESTABLISHMENT OF MEDCIAL
MARIJUANA DISPENSARIES, COLLECTIVE GARDENS
AND THE LICENSING AND PERMITTING THEREOF;
DEFINING "MEDICAL MARIJUANA DISPENSARY";
PROVIDING FOR A PUBLIC HEARING; ESTABLISHING AN
EFFECTIVE DATE; AND PROVIDING THAT THE
MORATORIUM, UNLESS EXTENDED, WILL SUNSET
WITHIN SIX (6) MONTHS OF THE DATE OF ADOPTION.
WHEREAS, Initiative Measure No. 692, approved November 3, 1998, created an
affirmative defense for "qualifying patients" to the charge of possession of marijuana; and
WHEREAS, the initiative and current Chapter 69.51 A RCW are clear that nothing in its
provisions are to be "construed to supersede Washington state law prohibiting the acquisition,
possession, manufacture, sale or use of marijuana for non-medical purposes"; and
WHEREAS, the Washington State Department of Health opines that it is "not legal to
buy or sell" medical marijuana and further opines that "the law [Chapter 69.51.A RCW] does not
allow dispensaries", leaving enforcement to local officials; and
WHEREAS, the City Council finds that the sale of marijuana, no matter how designated
by dispensaries, is prohibited by federal and state law;
WHEREAS, ESSB 5073 -Chapter 181, Laws of 2011 ("the bill") was adopted with a
partial veto of the Governor becomes effective July 22, 2011; and
WHEREAS, Section 404 of the bill effectively eliminates medical marijuana
dispensaries as a legally viable model of operation under State law; and
WHEREAS, Section 403 of the bill provides that qualifying patients may create and
participate in collective gardens for the purpose of producing, processing, transporting and
delivering cannabis for medical use subject to compliance with specific statutory conditions; and
WHEREAS, the City acknowledges the right of qualified health care professionals to
prescribe the medical use of marijuana as well as the right of patients to designate a "designated
provider" who can "provide" rather than sell marijuana to "only one patient at anyone time";
and
ORDINANCE
W/M-II-049/0rd.Medical Marijuana
WHEREAS, the City Council finds that the secondary impacts associated with marijuana
dispensaries, and collective gardens include but are not limited to the invasion of the business,
burglary and robbery associated with the cash and drugs maintained on the site;
WHEREAS, pursuant to Section 1102 of the bill and under their general zoning and
police powers cities are authorized to adopt and enforce zoning requirements, business licensing
requirements, health and safety requirements and business taxes on the production, processing or
dispensing of cannabis or cannabis products; and
WHEREAS, a public hearing will be held on July II, 20 II before Marysville City
Council;
NOW, THEREFORE, the City Council of the City of Marysville, Washington, do
ordain as follows:
Section I. Pursuant to the provisions of RCW 36.70A.390, a zoning moratorium is hereby
enacted in the City of Marysville prohibiting licensing, pennitting, establishment, maintenance
or continuation of any use consisting of or including the sale, provision and/or dispensing of
medical marijuana to more than one person, the establishment of a medical marijuana dispensary
or creation of or participation in a "collective garden" as referenced and defined in Section 403
of ESSB 5073 -Chapter 181, Laws of 20 II.
Section 2. "Medical marijuana dispensary" is hereby defined as any person, business,
corporation, partnership, joint venture, organization, association and/or other entity which: 1)
sells, provides and/or otherwise dispenses marijuana to more than one "qualifying patient" in any
thirty (30) day period or to any person who does not meet the definition of "qualifying patient"
under the tenns of Chapter 69.51 A RCW , and/or 2) maintains and/or possesses more than one
sixty-day supply of marijuana for one qualifying patient at any time. The receipt of cash or other
legal tender in exchange for, contemporaneously with or immediately following the delivery of
marijuana to a qualifying patient shall be presumed to be a sale. Any person, business,
corporation, partnership, joint venture, organization, association and/ or entity which sells,
provides and/or otherwise dispenses marijuana to more than one qualifying patient in any sixty
(60) day period should be presumed to be a "medical marijuana dispensary."
Section 3. Medical marijuana dispensaries and collective gardens are hereby designated as
prohibited uses in the City of Marysville, in accordance with the provisions of RCW 35A.82.020,
no business license, pennit, zoning or development approval shall be issued to be a medical
marijuana dispensary or collective garden.
Section 4. The City Council hereby directs that a work plan be developed by the Chief
Administrative Officer to identify a process for review of medical marijuana dispensaries and
collective gardens for potential regulation and inclusion in the Marysville Municipal Code. Said
work plan will be presented to the City Council for review before the sunset of this ordinance.
Section 5. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.\ 06, a copy of
this interim ordinance shall be transmitted to the Washington State Department of Commerce.
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ORDINANCE
W/M-II-049/0rd.Medical Marijuana
Section 6. Effective Date. This ordinance shall take effect five (5) days after passage and
publication of an approved summary thereof consisting of the title, PROVIDED, HOWEVER,
that unless extended by the act of the Marysville City Council, this ordinance shall automatically
expire six (6) months following its adoption.
CITY OF MARYSVILLE
ATTESTIAUTHENTICATED:
APPROVED AS TO FORM:
By£l~.(~
Grant K. Weed, City Attorney
Effective Date:
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ORDINANCE
W/M-II-049/0rd.Medical Marijuana