HomeMy WebLinkAboutO-2932 - Amends Sec. 22A.020.040, 22A.020.140, 22C.020.060 and 22C.020.070, medical cannabis provisions (22A.020, 22C.020)CITY OF MARYSVILLE
Marysville, washdton
ORDINANCE NO. 1'152
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON AMENDING
MARYSVILLE MUNICIPAL CODE (MMC) SECTIONS 22A.020.040;
22A.020.140; 22C.020.060; AND 22C.020.070(68) PROHIBITING THE
ESTABLISHMENT OF MEDICAL CANNABIS COLLECTIVE GARDENS AND
MEDICAL CANNABIS DISPENSARIES; REPEALING THE MORATORIUM ON
MEDICAL MARIJUANA DISPENSARIES AND COLLECTIVE GARDENS;
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, Initiative Measure No. 692, approved by the voters of Washington State
on November 30, 1998 and now codified as chapter 69.51A RCW, created an affirmative
defense for "qualifying patients" to the charge of possession of marijuana (cannabis); and
WHEREAS, in 2011, the Washington State Legislature passed a bill (E2SSB 5073) to
legalize the licensing of medical marijuana or cannabis dispensaries, production facilities,
and processing facilities; and
WHEREAS, on April 29, 2011, Governor Gregoire vetoed portions of E2SSB 5073 that
would have provided the legal basis for legalizing and licensing medical marijuana or
cannabis dispensaries, processing facilities and production facilities; and
WHEREAS, E2SSB 5073, as approved, further authorized cities to adopt and enforce
zoning requirements regarding production and processing of medical cannabis; and
WHEREAS, Cannabis remains a controlled substance under the Controlled Substances
Act, 21 U.S.c. Ch. 13 and the U.S. Department of Justice and United States Attorneys in the
State of Washington have continued to maintain that cannabis (marijuana) is illegal to
posess, distribute, dispense or manufacture under federal law; and
WHEREAS, MMC 22A.010.040(3) provides that all land uses and development
authorized by Title 22 MMC shall comply with all other regulations and or requirements of
Title 22 as well as any other applicable local, State or Federal law; and
WHEREAS, the City Council adopted Ordinance 2867, a six month moratorium and
interim regulation prohibiting the establishment of medical cannabis dispensaries collective
gardens and the licensing and permitting thereof on July 19, 2011. The City Council
adopted Ordinance 2882, extending the moratorium established in Ordinance 2867 for an
additional six (6) months from the date of expiration of Ordinance 2867. The City Council
adopted Ordinance 2899, extending the moratorium an additional 12 months from the date
of expiration of Ordinance 2882, providing adequate time for staff and Planning Commission
to study and make a recommendation on the matter. Ordinance 2899 is set to expire on
July 5, 2013.
WHEREAS, the City Council finds and determines that such amendments authorized
herein are not intended to regulate the individual use of cannabis for medical purposes by
qualifying patients and designated providers as authorized pursuant to Chapter 69.51 RCW;
and
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WHEREAS, the City Council seeks to identify what changes in Title 22 MMC are
necessary and or appropriate to clearly ban or prohibit collective gardens as that term is
described in Engrossed Second Substitute Senate Bill 5073 approved by Governor Christine
Gregoire on April 29, 2011; and
WHEREAS, as part of the process for the adoption of zoning regulations, the land use
impacts of collective gardens must be identified; and
WHEREAS, many jurisdictions around the country that have approved medical
marijuana uses have experienced numerous land use impacts, such as:
• Conversion of residential uses into marijuana cultivation and processing
facilities, removing valuable housing stock in a community;
• Degrading neighborhood aesthetics due to shuttered up homes, offensive
odors, increased night-time traffic, parking issues, loitering from potential
purchasers looking to buy from a collective member;
• Environmental damages from chemicals being discharged into surrounding
and off-site soil and storm and sanitary sewer systems;
• Serious risk of fire hazard due to overload service connections used to
operate grow lights and fans;
• Improper ventilation leading to high levels of moisture and mold;
• Illegal structural modifications; and
• Criminal issues such as home invasions, burglaries of medical marijuana
facilities, theft and property damage; and
WHEREAS, the Planning Commission discussed the above-referenced amendment
during public meetings held on May 14, 2013; and
WHEREAS, after providing notice to the public as required by law, on June 11, 2013,
the Marysville Planning Commission held a Public Hearing on proposed amendments to the
City's development regulations; and
WHEREAS, on June 11, 2013, the Marysville Planning Commission made a
Recommendation to the City Council recommending the adoption of the proposed
amendments to the City's development regulations; and
WHEREAS, at a public meeting on June 24, 2013, the Marysville City Council
reviewed and considered the MarySVille Planning Commission's Recommendation and
proposed amendments to the City's development regulations; and
WHEREAS, the City of IIIIarysvilie has submitted the proposed development regulation
revisions to the Washington State Department of Commerce on April 15, 2013, seeking
expedited review under RCW 36.70A.160(3)(b) in compliance with the procedural
requirement under RCW 36.70A.106; and
WHEREAS, the amendments to the development regulations are exempt from State
Environmental Policy Act review under WAC 197-11-800(19);
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WHEREAS, the City Council has considered both the direct and incidental land use,
law enforcement and public safety impacts of collective gardens, cannabis dispensaries, and
is aware of the issues and impacts encountered in other cities that allow cannabis collective
gardens and/or dispensaries; and
WHEREAS, the Marysville City Council has determined that Medical Cannabis
Collective Gardens "marijuana", is in conflict with current Federal law which recognizes
marijuana as a controlled substance; and
WHEREAS, the Marysville City Council has determined and the intent and purpose of
this Ordinance is that Medical Cannibus Collective Gardens and Medical Cannabis
Dispensaries shall not be permitted in the City of Marysville.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. MMC 22A.020.040 is hereby amended by amending Section "C"
definitions to add the folloWing definition:
"Cannabis" means all parts of the plant Cannabis, whether growing or not; the
seeds thereof; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds, or resin. For the purposes of this definition, "cannabis" does not include
the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, except the resin extracted there
from, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination. The term "cannabis" includes cannabis products and useable
cannabis.
Section 2. MMC 22A.020.140 is hereby amended by amending Section "M"
definitions to add the following definitions:
"Medical marijuana (Cannabis) dispensary" or "dispensary" means any facility or
location where medical marijuana is grown, made available to and/or distributed
by or to two or more of the following: a primary caregiver, a qualified patient, or
a person with an identification card.
"Medical marijuana (Cannabis) collective gardens" or "collective garden" means a
garden where qualifying patients engage in the production, processing, and
delivery of cannabis for medical use as set forth in chapter 69.51A RCW and
subject to the limitations therein and in this ordinance."
"Miscellaneous Health" Establishments primarily engaged in providing health and
allied services, including but not limited to physical and occupational therapists;
blood banks; blood donor stations; medical photography and art; osteoporosis
centers; kidney dialysis centers; sperm banks; etc.
Section 3. MMC Section 22C.020.060 table entitled 'Permitted uses' Commercial,
Industrial, Recreation and Public Institution Zones is hereby amended to add a
Miscellaneous Health land use category as follows:
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Specific Land Use NB CB GC DC MU BP LI GI REC P/I
Health Services:
Medical/dental clinic P P P P P P
Hospital P P P C C
Miscellaneous Health P(68) P (68) P(68) P(68) P(68) P(68)
Section 4. MMC Section 22C.020.070 entitled "Permitted uses -Development
conditions" is hereby amended to add a new footnote 68 which shall read as follows:
(68) Excepting "marijuana (cannabis) dispensaries" and "marijuana (cannabis) collective
gardens" as those terms are defined or described in this code and/or under state law, such
facilities and/or uses are prohibited in all zoning districts of the City of Marysville.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
work of this ordinance should be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the
validity or constitutionality of any other section, subsection, sentence, clause, phrase or
word of this ordinance.
PASSED by the City Council and APPROVED by the Mayor this :ll..ffJ... day of
_~"""j,-,,,l!,--,_t\--==--, 2013.
CITY OF MARYSVILLE
By:
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Sp.-rffi'r' LA~JGDON,~CITY CLERK
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Approved as to form:
By: »--rv. ,~
GRANT K. WEED, CITY ATIORNEY
Date of Publication: lD-dte-'c--=::...~_
Effective Date: __l_-l-\~
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