HomeMy WebLinkAboutO-2882 - Extends moratorium on establishment of medical marijuana dispensaries and collective gardens (Special)CITY OF MARYSVILLE
MARYSVILLE,WASHINGTON
ORDINANCE No.lggJ-
AN INTERIM ORDINANCE OF THE CITY OF MARYSVILLE,
WASHINGTON,ADOPTING AN EXTENSION OF A
MORATORIUM ON THE ESTABLISHMENT OF MEDICAL
MARIJUANA DISPENSARIES,COLLECTIVE GARDENS AND
THE LICENSING AND PERMITTING THEREOF;DEFINING
"MEDICAL MARIJUANA DISPENSARY";PROVIDING FOR A
PUBLIC HEARING;REFERRING THE MATTER TO THE
PLANNING COMMISSION FOR REVIEW;ESTABLISHING AN
EFFECTIVE DATE;AMENDING ORDINANCE 2867 AND
PROVIDING THAT THE EXTENDED MORATORIUM WILL
EXPIRE SIX (6)MONTHS FROM THE DATE OF EXPIRATION
OF ORDINANCE 2867.
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 cUlTent Chapter 69.51 A RCW arc 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 purposesII;and
WHEREAS,Ihe Washington State Departmenl of Heallh opines that it is "not legal to buy or
sell"medical marijuana and n.1l1her opines that "the law [Chapter 69.51.A RCW]does not allow
dispensaries",leaving enforcement to local officials;and
WHEREAS,the City Council finds Ihal the sale of marijuana,no matter how designated by
dispensaries,is prohibited by federal and state law;and
WHEREAS,ESSB 5073 -Chapter l8l,Laws of 2011 ("the bill")was adopled wilh a partial
veto of the Governor becomes effective July 22,2011;and
WHEREAS,Governor Gregoire vetoed 36 of the 58 provisions of ESSB 5073 and this has
creatcd considerable unccrtainties and ambiguities regarding the meaning and enforcement of the bill;and
WHEREAS,Section 404 of the bill effectively eliminates medical marijuana dispensaries as a
legally viable model ofoperation under State law;and
WHEREAS,Section 403 of the bill provides that qualifying patients may create and participate
In collective gardens for Ihe purpose of producing.processing,transporting and delivering cannabis for
medical use subject 10 compliance with specific statutory conditions;and
WHERI,AS,the City acknowledges the right of qualified health care professionals to prescribe
the medical use of marijuana as well as the right ofpalients 10 designate a "designated provider"who can
"provide"rather than sell marijuana to "only one patient al anyone lime";and
ORDfNANCE
MV/II-04910rd Medical MariJI.Hlna.t:xlcnsion.pllll,gw 12061 J
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 dmgs maintained on the site;and
WHEREAS,pursuant to Section I 102 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,the City currently has no zoning,licensing,and/or permitting requirements and/or
regulations that address the medical marijuana collective gardens;and
WHEREAS,marijuana/cannabis remains a Schedule I dmg under the federal Controlled
Substances Act CCSA")and is considered by the federal authorities to be a dmg with no medical value,
and its manufacture,distribution and/or possession are a violation of federal law;and
WHEREAS,there appears to be a conn ict between state and federal law concerning the legal
status of marijuana/cannabis and its manufacture,distribution,use and possession;and
WHEREAS,on or about November 30,20 II,Washington State Governor Christine Gregoire
and RJlode Island State Governor Lincoln Chaffee petitioned the United States Drug Enforcement
Administration (DEA)to reclassify marijuana/cannabis as a Schedule II dmg that has therapeutic value
and that should be treated as a prescription dmg;and
WHEREAS,reclassification of marijuana/cannabis as a Schedule II drug by DEA would allow
marijuana/carmabis to be prescribed by physicians with restrictions and dispensed by pharmacies,and
would potentially eliminate the current legal and planning dilemma Marysville and other Washington
cities and towns are currently struggling with concerning regulation,permitting and licensing issues
surrounding medical marijuana/cafmabis;and
WHEREAS,a number of initiatives and referendum have been filed with the Washington State
Secretary of State that if adopted would change the legal framework concerning medical marijuana once
again;and
WHEREAS,it is anticipated that the State Legislature may again revisit the issues surrounding
medical marijuana again during the 2012 legislative session;and
WHEREAS,on July I 1,2011,the City Council passed Ordinance No.2867 that imposed a six
(6)month moratorium on the establishment of medical marijuana dispensaries,collective gardens and the
licensing and pemlitting thereof;and
WHEREAS,Ordinance No.2867 expires on January 7,2012 (180 days from the adoption of
Ordinance No.2867;and
WHEREAS,given the many complications,uncertainties and impacts that exist and that are
described above,additional time is necessary to engage in a meaningful planning process related to the
development of regulations that address zoning,licensing and/or permitting ofmedical marijuana and the
impacts thereof;and
2
ORDINANCE
MV!I 1.049/0rd Medicnl Marijuima,exlensionplm,gw,120611
WHEREAS,a public hearing was held on December 12,2011,before Marysville City Council;
and
WHEREAS,the City Council finds it is in the best interest of the City of Marysville and its
citizens to extend the moratorium regarding the establishmcnt of medical marijuana collective gardens
and the licensing and permitting thereof for an additional six (6)month period from the expiration of the
moratorium imposed by Ordinance No.2867 to July 5,2012;
NOW,THEREFORE,the City Council of the City of Marysville,Washington,do ordain as
follows:
Section I.The above "Whereas"clauses constitute findings of fact in support of the moratorium
established by this Ordinance and said findings are fully incorporated into this Ordinance.
Section 2.Pursuant to the provisions of RCW 36.70A.390,the zoning moratorium established by
Ordinance 2867 in the City of Marysville that prohibits licensing,permitting,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 ofa medical marijuana dispensary or creation of or
participation in a "collective garden"as referenced and defmed in Section 403 of ESSB 5073 -Chapter
181,Laws of 20 II,is hereby extended for an additional six (6)month period from the date of expiration
of Ordinance 2867 and the findings,terms and conditions of Ordinance 2867 and those set forth herein
are incorporated herein by this reference,and Ordinance 2867 is hereby amended consistent herewith.
Sectig!ll."Medical marijuana dispensary"is hereby defined as any person,business,corporation,
partnership,joint venture,organization,association and/or other entity which:
I)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 gualifying 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--.:!.Medical marijuana dispensaries and collective gardens are hereby designated as
prohibrted uses in the City of Marysville,in accordance with the provisions of RCW 35A.82.020,no
business license,permit,zoning or development approval shall be issued to be a medical marijuana
dispcns81y or collective garden.
Section 5.This Ordinance shall be referred to the Marysville Planning Commission for its review
and recommendation for potential inclusion in the zoning and/or business and tax ordinances of the City
ofMarysville.
Section 6.Ordinance to be Transmitted to Department.Pursuant to RCW 36.70A.I06,a copy of
this interim Ordinance shall be transmitted to the Washington State Department of Commerce.
Section 7.Severability.If any section,clause,and/or phrase of this Ordinance is held invalid by a
court of competent jurisdiction,such invalidity and/or unconstitutionality shall not affect the validity
and/or constitutionality of any other section,clause and/or phrase of the Ordinance.
3
ORDINANCE
MY!I I-04910rd Medical Marijuanaexlension.pllTI,gw,120611
Seclion 8.Effective Date.This Ordinance shall lake effeci five (5)days after passage and
publication ofan approved surrunary Ihereof consisting of Ihe title,PROVIDED,HOWEVER,that unless
extended by the act of the Marysville City Council,this Ordinance shall automatically expire on July 5,
2012,which is six (6)monlhs from Ihe expiration date of Ordinance 2867 (January 7,2012)following its
adoplion.
CITY OF MARYSVILLE
ATrEST/AUTHENTICATED:..,
By ,q),J (fA ~4/1..,J
~pril O'Brien,Depuly Cily Clerk
APPROVED AS TO FORM:
Byf)~K~\)
.'Grant K.Weed,City Attorney
Date ofPublication:I 'J.!,.l,I/II
Effeclive Dale:I:;).,/J","iL III
ORDINANCE
MV/II-Otl9/0rd Medical MaliJu3lla.exlension pon.gw.12061 I
}.
BY:---""-::,''';;?,.<./.:''/:'''cCc''=::>.L-.".2,-:/--<,~,=..-::==",:!!L:,:~""",=,,,:.--_
on Nehring,Mayor ""'7t?/
4
CITY OF MARYSVILLE
MARYSVILLE,WASHINGTON
ORDI:"ANCE NO,'>•'f !
AN INTERIM ORDINANCE OF THE CITY OF
MARYSVILLE,WASHINGTON,ADOPTI'<G A
MORATORIUM 0'<THE ESTABLISHME:"T 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,Inlliative Measure No 692,approved November 3,1998,created an
afllrmative defense for "qualifying palients"to the charge of possession of marijuana;and
WHEREAS,the initialive and current Chapler 69.51 A RCW are clear that nothing In its
provisions arc 10 be "construed to supersede Washington Slilte law prohibiting the acquisillon,
possession.manufacture.sale or use of marijuana for non-medical purposes";and
WlllmEAS,Ihe Washinglon Stale Department of Health opmes that it is "nol legal to
buy or sell"medical marijuana and further opines Ihat "the law [Chapter 69,51.A RCW]does not
allow dispensaries",leaving enforcement 10 local officials;and
WHEREAS,the City Council finds Ihatthe sale of marijuana,no mailer how designated
by dispensaries,is prohibited by federal and slate law;
WHEREAS,ESSfl 5073 -Chapler 181,Laws of2011 ("the bill")was adopted with a
partial veto of the Governor becomes effective July 22,2011;and
WHEREAS,Section 404 of the bill efTectively eliminates medical marijuana
dispensaries as a legally viable model 01"operation under Stale law:and
WHEREAS,Seclion 403 of the bill provides that qualifying patients may creale and
parucipate in collective gardens for Ihe purpose of producing,processing,transporting and
delivering cannabis for medical usc subject 10 compliance with specific stalutory conditions;and
WHEREAS,the City acknowledges the light of qualified health care professionals to
prescribe the medical usc of mariJuana as well as the fight of patients 10 deSignate a "destgnated
provider"who can "provide"rather lhan sell mMijuana 10 "only one patient al anyone lime";
and
ORDINANCE
WiM·1 1·04WOrd Mcdlc~l Man;uanu
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 Ihe 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 reqlllremcnts and business taxes on the production,processll1g or
dispensing of cannabis or cannabis products;and
WHEREAS,a public hearing will be held on July II,20 II before Marysville City
Counel';
NOW,THEREFORE,the City Council of Ihe 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 prohibitll1g licensing,permitting,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 crealion of or panicipation in a "collective garden"as referenced and defmed in Section 403
of ESSG 5073 -Chapter 181,Laws of2011.
Section _£"Medical marijuana dispensary"is hereby defined as any person,business,
corporatJOn,pal1nership,joint venture,organization,association andlor other entity which:I)
sells,provides andlor 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 tel1115 of Chapter 69.51 A RCW ,andlor 2)maintains andlor possesses more than one
sixty-day supply of marijuana for one qualifying patient at any time.The receipt ofcash 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 andl or enlity which sells,
prOVides andlor otherwise dispenses marijuana to mOre Ihan one qualifying patient in any sixty
(60)day period should be presumed to be a "medical marIjuana dispensary."
~ee[ion..l Medl(al marijuana dispensaries and collective gardens are hereby designated as
prohibited lIses in the City of Marysville,in accordance with the provisions of RCW 35A.82.020,
no bUSiness license,permit,zoning or development approval shall be Issued to be a medical
marijuana dispensary or collective garden.
~eUlon 4.The City Council hereby directs that a work plan be developed by the Chief
Administrative Officer [0 Identify a process for review of medical marijuana dispensarres and
collective gardens for potential regulation and inclusion III the Marysville MuniCipal Code.Said
work plan will be presented to the City CounCil for review before the sunset of this ordinance
S.ection 5 Qrdinancc tobe Transmitted to Department.Pursuanl to RCW 36.70A.1 06,a copy of
thiS inlerim ordinance shall be transmillcd to the Washington Siale Department ot'Col11merce.
2
ORDINANCE
WIiV!,I I·0t1l)10rdMcdlcal Marijuana
Section 6 Effective Date.This ordinilncc shall take cffect fivc (5)days ilfter passage and
publication of an approved summary Ihereof consisllng of the litle,PROVJDED,HOWEVER,
that unless extended by the act of the Marysville City CounCil,tim ordinance shall automatically
expire SIX (6)months following ils adoption.
CITY or MARYSVILLE
By:
ATTEST/AUTHENTICATED
"
APPROVED AS TO FORM
.('~
BY':~_'L_':..fL.~C .,~I~~'_
Grant K.Weed,City Attorncy
Date of Publication.
Effeclive Dilte:
I,,'i /1 (,1,"/'
)
(";
ORDINANCE
\VIM·\l·()<.l()IOrUMl'\.!l,.;al M;IlIIU<!fla
Medical Cannabis Collective Gardens Work Plan Timeline
,---.-----,--------------r----------------
Date Step Requirement
Effective date ofordinanceJuly2,2012
Ordll1ance published '
f-_JU_l_,e_27_,_2_0_1_2 ICounciI meeting
I 5 days after publication
I July 19,2011 Moratorium effective date Moratorium effective for six months
!following passage,until January 7,2012
-
City Council public meeting to
December 12,consider work plan,draft Moratorium extended until July 5,20122011regulationsandextensionof
,moratorium for six (6)months.i
!
!Joint City Council/PlanningJanuary13,2012 Commission work session
No later than Notice of intent to amend Final adoption no sooner than 60 daysidevelopmentregulationssenttoApril2,2012 Dept.of Commerce after notice;March 20,2012 I
I
No later than !Notice of Application and SEPA 14-day comment/appeal period !
April 2,2012 ,detemlination
,---!I···
!
April 16,2012 I End of comment/appeal hearing
I No later than Planning Commission public 10 day notice before hearing required!May 22,2012 hearing on permanent regulations,
June 2,2012 60 days after notice sent to Dept.of
Commcrce
..
No later than City Council Public Mecting or
June 25,2012 Public Hearing (if needed)on 10 day notice before hearing required
i
pennanent regulations,
I No later than Usually the Weds after the Monday City
Date Permanent Regulations Re~uired to be Adopted
'1 6 months after moratorium l'July 5,2012~extension adopted..__.
12/7/11 Marysville work plan.doc