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Home My WebLink AboutO-2899 - Extends moratorium on establishment of medical marijuana dispensaries and collective gardens (Special)CITY OF MARYSVILLE MARYSVILLE, WASHINGTON ORDINANCE NO:z,gqq. 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"; REFERRING THE MATTER TO THE PLANNING COMMISSION FOR REVIEW; ESTABLISHING AN EFFECTIVE DATE; AMENDING ORDINANCES NO. 2867 AND 2882; AND PROVIDING THAT THE EXTENDED MORATORIUM WILL EXPIRE ON JULY 5, 2013 - ONE (1) YEAR FROM THE DATE OF EXPIRATION OF ORDINANCE NO. 2882. WHEREAS, Initiative Measure No. 692, approved November 3, 1998, created an affirmative defense for "qualifying patients" to the charge of possession ofmarijuanalcannabis; and WHEREAS, the initiative and current Chapter 69.5IA 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 69.5I.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; and 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, Governor Gregoire vetoed the provisions of ESSB 5073 that would have provided the legal basis for legalizing and licensing medical marijuana dispensaries, processing facilities and production facilities, thereby making these activities illegal; and WHEREAS, Section 403 (codified at RCW 69.51A.085) 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; and 1 ORDINANCE MVIII-049/0rd Medical Marijuana.extension.ptm.051520 12 WHEREAS, the City Council finds that the secondary impacts associated with medical marijuana 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; and 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, 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 drug under the federal Controlled Substances Act ("CSA") and is considered by the federal authorities to be a drug with no medical value, and its manufacture, distribution and/or possession are a violation of federal law; and WHEREAS, there appears to be a conflict 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, 2011, Washington State Governor Christine Gregoire and Rhode Island State Governor Lincoln Chaffee petitioned the United States Drug Enforcement Administration (DEA) to reclassify marijuana/cannabis as a Schedule II drug that has therapeutic value and that should be treated as a prescription drug; and WHEREAS, this conflict between federal and state law was highlighted by a January 17,2012 letter to the Clark County Board of Conunissioners, Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, U.S. Department of Justice, stated that anyone "who knowingly carries out the marijuana activities contemplated by Washington state law, as well as anyone facilitates such activities, or conspires to commit such violations, is subject to criminal prosecution as provided in the [Controlled Substances Act]" (underlining added); and WHEREAS, reclassification of marijuana/cannabis as a Schedule II drug by DEA would allow marijuana/cannabis 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/cannabis; 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, the voters will vote on at least one initiative (Initiative 502) that if passed would legalize the production, possession, delivery and distribution of marijuana/cannabis under State law; and WHEREAS, on July 11,2011, 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 permitting thereof; and 2 ORDINANCE MY/] I-049/0rd Medical Marijuana.extension.ptm.051520 12 WHEREAS, on December 12,2011, the City Council passed Ordinance No. 2882 that extended the moratorium on the establishment of medical marijuana collective gardens and the licensing and permitting thereof by an additional six (6) months to July 5, 2012; 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 of medical marijuana/cannabis collective gardens and the impacts thereof; and WHEREAS, a work plan ("Work Plan") has been developed to study the many complications, uncertainties and impacts described and to provide for a meaningful planning process to develop regulations that address zoning, licensing and/or permitting of medical marijuana/cannabis collective gardens and the impacts thereof; and WHEREAS, a copy of the Work Plan is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, a public hearing was held on June 11, 2012, before Marysville City Council regarding an additional one (1) year extension of the moratorium on the establishment of medical marijuana collective gardens and the licensing and permitting thereof; 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 establishment of medical marijuana collective gardens and the licensing and permitting thereof for an additional one (1) year period from the expiration of the moratorium imposed by Ordinance No. 2882 to July 5, 2013; NOW, THEREFORE, the City Council of the City of Marysville, Washington, do ordain as follows: Section 1. 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 Ordinances No. 2867 and No. 2882 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, creation of or participation in a "medical marijuana/cannabis collective garden" as referenced and defined in RCW 69.5lA.085, is hereby extended for an additional one (1) year period from the date of expiration of Ordinance No. 2882 and the findings, terms and conditions of Ordinances No. 2867 and No. 2882 are incorporated herein by this reference, and o.rdinances No. 2867 and No. 2882 are hereby amended consistent herewith. Section 3. "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 sixty (60) day period or to any person who does not meet the definition of "qualifying patient" under the terms 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 3 ORDINANCE MV/lI-049/0rd Medical Marijuana.extension.ptm.05152012 qualifying patient In any sixty (60) day period should be presumed to be a "medical marijuana dispensary." Section 4. 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, permit, zoning or development approval shall be issued to be a medical marijuana dispensary or medical marijuana/cannabis 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 of Marysville. Section 6. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.l 06, 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. Section 8. Effective Date. This Ordinance shall take effect July 5, 2012. Unless extended by action of the Marysville City Council, this Ordinance shall automatically expire on July 5, 2013, which is one (I) year from the expiration date of Ordinance No. 2882 (July 5, 2012). PASSED by the City Council and APPROVED by the Mayor this IJ~ day of June, 2012. CITY OF MARYSVILLE ATTEST/AUTHENTICATED: By: ~OL Ap Ii O'Bnen, Deputy City Clerk APPROVED AS TO FORM: By:P~K,~ Grant K. Weed, City Attorney Date of Publication: Lni \'), LO \ ~ Effective Date: :r\>\~ 51 d-.O\ '- 4 ORDINANCE MV/ II-049/0rd Medical Marijuana.exlension.plm.051520 12 .I