Ordinance 3938 Collective Garden.pdfORDINANCE NO. 3938
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
RELATING TO COLLECTIVE GARDENS AND THE RECREATIONAL
USE OF MARIJUANA, ESTABLISHING AN IMMEDIATE EMERGENCY
MORATORIUM ON THE SITING, ESTABLISHMENT AND OPERATION
OF ANY STRUCTURES OR USES RELATING TO COLLECTIVE
GARDENS, MARIJUANA PRODUCTION, MARIJUANA PROCESSING,
OR MARIJUANA RETAILING, TO BE IN EFFECT UNTIL THE CITY OF
EDMONDS ADOPTS ZONING REGULATIONS ADDRESSING SUCH
MARIJUANA USES, AND ESTABLISHING AN IMMEDIATE
EMERGENCY MORATORIUM ON THE SUBMISSION OF ANY
BUSINESS LICENSE APPLICATIONS FOR SUCH USES, SETTING SIX
MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, TO
ALLOW THE WASHINGTON STATE LIQUOR CONTROL BOARD AN
OPPORTUNITY TO COMPLETE ITS RULEMAKING FOR THE
LICENSING OF SUCH USES AND TO ALLOW THE CITY TO STUDY
THE SECONDARY LAND USE IMPACTS OF SUCH USES,
ESTABLISHING THE DATE OF THE PUBLIC HEARING ON THE
MORATORIUM AND DECLARING AN EMERGENCY.
WHEREAS, the Washington State legislature passed Engrossed Second
Substitute Senate Bill (ESSSB) 5073, Medical Cannibas, to become effective on July
22, 2011; and
WHEREAS, the Governor vetoed 36 of the 58 sections of this bill; and
WHEREAS, Initiative Measure No. 692, approved by the voters of the State of
Washington on November 3, 1998, and now codified as Chapter 69.51A RCW, created
a limited affirmative defense to criminal marijuana charges under state (not federal) law
if the person demonstrates that he or she is a qualifying patient or a designated provider
as defined in Chapter 69.51A RCW; and
WHEREAS, the state legislature has amended the law three times, with the most
recent amendment occurring during the 2011 legislative session as set forth in ESSSB
5073; and
WHEREAS, the U.S. Attorneys for Washington wrote a letter dated April 14,
2011 to Governor Gregoire that reiterated that marijuana possession, production and
distribution is a federal criminal offense and that State workers would not be immune
from prosecution under federal law even if state law decriminalized the use, possession
and production for medical purposes; and
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WHEREAS, Section 1102 of ESSSB 5073 provides that a city may adopt zoning
requirements, business licensing requirements, health and safety requirements and
business taxes as those requirements relate to the production, processing, or
dispensing of medical marijuana; and
WHEREAS, the Washington voters approved Initiative 502 in 2012, which
"authorizes the state liquor control board to regulate and tax marijuana for persons
twenty-one years of age and older, and adds a new threshold for driving under the
influence of marijuana"; and
WHEREAS, 1-502 allows the Washington State Liquor Control Board to license
marijuana producers "to produce marijuana for sale at wholesale to marijuana
processors and other marijuana producers" (1-502, Sec. 4(1)); and
WHEREAS, 1-502 allows the Washington State Liquor Control Board to license
marijuana processors to "process, package and label usable marijuana and marijuana -
infused products for sale at wholesale to marijuana retailers" (1-502, Sec. 4(2)); and
WHEREAS, 1-502 allows the Washington State Liquor Control Board to license a
marijuana retailer to "sell usable marijuana and marijuana -infused products at retail in
retail outlets" (1-502, Sec. 4(3)); and
WHEREAS, Under 1-502, before the Washington State Liquor Control Board
issues a new or renewed license to an applicant, it must give notice of the application to
the chief executive officer of the incorporated city, and the city has the right to file its
written objections to such license within 20 days after transmittal of the notice of
application, but the Board makes the final decision whether to issue a license (1-502,
Sec. 7(a)); and
WHEREAS, 1-502 establishes certain siting limitations on the Washington State
Liquor Control Board's issuance of such licenses for any premises that are within 1,000
feet of the perimeter of the grounds of any elementary or secondary school, playground,
recreation center or facility, child care center, public park, public transit center or library,
or any game arcade, admission to which is not restricted to persons aged twenty-one
years or older (1-502, Section 8); and
WHEREAS, 1-502 contemplates that the Washington State Liquor Control Board
will adopt rules to carry the provisions of 1-502 into effect, which includes the equipment
and management of retail outlets and premises where marijuana is produced and
processed, and the inspection of same; methods of producing, processing, and
packaging the marijuana and marijuana products; security requirements at such
establishments; retail outlet locations and hours of operation; labeling requirements and
restrictions on advertising of such products; licensing and licensing renewal rules; the
manner and method to be used by which licensees may transport and deliver marijuana
and marijuana products (among other things), (1-502, Sec. 9); and
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WHEREAS, 1-502 contemplates that the Washington State Liquor Control Board
will adopt more rules on or before December 1, 2013 to determine the number of retail
outlets that may be licensed in each county (among other things), (1-502, Sec. 10); and
WHEREAS, 1-502 limits the number of retail outlets to be licensed in each
county, for the purpose of making useable marijuana and marijuana -infused products
available for sale to adults 21 years of age or over (1-502, Sec. 13); and
WHEREAS, 1-502 decriminalizes, for purposes of state law, the production,
manufacture, processing, packaging, delivery, distribution, sale or possession of
marijuana, as long as such activities are in compliance with 1-502; and
WHEREAS, the Washington State Liquor Control Board is required to establish
rules necessary to implement 1-502 by December 1, 2013; and
WHEREAS, the Washington State
applications for the production, processing
are implemented; and
Liquor Control Board will begin accepting
and retail sale of marijuana after the rules
WHEREAS, at this time, no Washington legislative act reconciles Initiative
Measure No. 502 and RCW 69.51A; and
WHEREAS, federal law, as set forth in 21 U.S.C. S.841 (a), makes it illegal to
manufacture, distribute, or possess with intent to distribute any controlled substance
and pursuant to 21 U.S.C. S.812, marijuana is a Schedule I controlled substance; and
WHEREAS, at this time, no Washington legislative act or court decision
reconciles Washington law with applicable Federal law; and
WHEREAS, at this point in time, the City of Edmonds does not have any
regulations addressing the facilities or uses identified in 1-502, other than the
requirement for a general business license; and
WHEREAS, based on the licensing scheme in 1-502, which prohibits anyone from
engaging in the activities identified in 1-502 without first obtaining a license from the
Washington State Liquor Control Board, the City will not be issuing any business license
for the purposes described in 1-502 unless the applicant demonstrates that he/she has
first received the appropriate license from the State; and
WHEREAS, the uses described in 1-502 have never been allowed in any state or
city in the United States, and City needs time to study the secondary land use impacts
of these marijuana uses and the various development standards that should be
addressed to mitigate these impacts before adoption of any regulatory ordinance or
issuance of any business licenses; and
WHEREAS, the Edmonds City Council therefore believes a moratorium to
preserve the status quo is necessary, until the State Liquor Control Board definitively
acts to establish a complete set of rules for the licensing of all of the new marijuana
facilities and uses identified in 1-502, and until the Edmonds City Council can study,
draft, hold public hearings and adopt the appropriate regulations to address these new
uses; and
WHEREAS, at this time, the Edmonds City Council does not have sufficient
information to consider the potential secondary impacts from collective gardens or
recreational marijuana facilities, the regulations that should be enacted or the legal
implications of taking pre -mature action; and
WHEREAS, Section 36.70A.390 of the Revised Code of Washington authorizes
the City Council to adopt an immediate moratorium for a period of up to six months
without holding a public hearing on the proposal provided that a public hearing is held
within at least sixty days of its adoption,
WHEREAS, the City Council desires to impose an immediate six month
moratorium on the acceptance of any development permit application or business
license application for the siting, location or operation of any collective garden,
marijuana processor, marijuana producer, or marijuana retailer; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. Marijuana Definitions.
A. "Cannabis or Marijuana" means all parts of the plant Cannabis, whether
growing or not, with a THC concentration greater than 0.3 percent on a dry weight
basis; 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 Ordinance, "cannabis" or "marijuana" 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 therefrom, fiber, oil, or cake,
or the sterilized seed of the plant which is incapable of germination.
Ci
B. "Collective Garden" means a facility, building, use, access -point or other
property, where qualifying patients share responsibility for acquiring and supplying the
resources required to produce and process cannabis for medical use as set forth in
RCW 69.51A.085 and subject to the limitations therein.
C. "Marijuana processer" means a person licensed by the State Liquor
Control Board to process marijuana into useable marijuana and marijuana -infused
products, package and label usable marijuana and marijuana -infused products for sale
in retail outlets, and sell usable marijuana and marijuana -infused products as wholesale
to marijuana retailers.
D."Marijuana producer" means a person licensed by the State Liquor Control
Board to produce and sell marijuana at wholesale to marijuana processors and other
marijuana producers.
E. "Marijuana -infused products" means products that contain marijuana or
marijuana extracts and are intended for human use. The term "marijuana -infused
products" does not include useable marijuana.
F. "Marijuana retailer" means a person licensed by the State Liquor Control
Board to sell usable marijuana and marijuana -infused products in a retail outlet.
G. "Retail outlet" means a location licensed by the State Liquor Control Board
for the retail sale of useable marijuana and marijuana -infused products.
H. "Usable marijuana" means dried marijuana flowers. The term "usable
marijuana" does not include marijuana -infused products.
Section 2: General Definitions.
A. "Exempt development permits" shall include any permit application for a
structure or use/operation of property for collective gardens, marijuana production,
marijuana processing or marijuana retailing, as defined in this Ordinance, that is subject
to the vested rights doctrine, and that was submitted to the City and determined by the
City staff to be complete on or before the effective date of this Ordinance.
B. "Non -Exempt development permits or Non-exempt business license" shall
include any permit or business license application for a structure or use/operation of
property for collective gardens, marijuana production, marijuana processing or
marijuana retailing, as defined in this Ordinance, that is:
1. a permit application that is not subject to the vested rights doctrine
and/or that was submitted to the City after the effective date of this Ordinance; and/or
2. a business license application for use/operation of property for a
collective garden, marijuana production, marijuana processing or marijuana retailing, as
defined in this Ordinance that was submitted to the City either before or after the
effective date of this Ordinance.
Section 3. Purpose. The purpose of this moratorium is to allow the City
adequate time to study the secondary land use impacts associated with the location and
siting of structures and uses in which collective gardens, marijuana production,
marijuana processing or marijuana retailing may take place. In addition, the moratorium
will allow the City adequate time to study 1-502, and to await the administrative rules
that the Liquor Control Board will develop by December of 2013. The City's goal is to
ultimately draft zoning and business licensing regulations to address such
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developments and uses, to hold public hearings on such draft regulations and to adopt
such regulations.
Section 4. Moratorium Imposed. The City Council imposes an immediate six-
month moratorium on the acceptance of all non-exempt development permit and
business license applications, as defined in this Ordinance. All such non-exempt
development permit and business license applications shall be rejected and returned to
the applicant. With regard to the City's acceptance of any exempt development permit
applications, such acceptance shall only allow processing to proceed, but shall not
constitute an assurance that the application will be approved.
Section 5. Duration of Moratorium. The moratorium imposed by this Ordinance
shall commence on the date of the adoption of this Ordinance. As long as the City
holds a public hearing on the moratorium and adopts findings and conclusions in
support of the moratorium (as contemplated by Section 6 herein), the moratorium shall
not terminate until six (6) months after the date of adoption, or at the time all of the
events described in Section 3 have been accomplished, whichever is sooner. The
Council shall make the decision to terminate the moratorium by ordinance, and
termination shall not otherwise be presumed to have occurred.
Section 6. Public Hearinq on Moratorium. Pursuant to RCW 36.70A.390 and
RCW 35A.63.220, the City Council shall hold a public hearing on this moratorium within
sixty (60) days of its adoption. During the next Council meeting immediately following
the hearing, the City Council shall adopt findings of fact on the subject of this
moratorium and either justify its continued imposition or cancel the moratorium.
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Section 7. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be unconstitutional or unlawful by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this Ordinance.
Section 8. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this Ordinance take effect immediately upon
passage by a majority vote plus one of the whole membership of the Council, and that
the same is not subject to a referendum (RCW 35A.12.130). Without an immediate
moratorium on the City's acceptance of non-exempt development applications, such
applications could become vested, leading to development or a use of property that is
incompatible with 1-502, the rules that will be adopted by the Liquor Control Board or the
laws adopted by the City of Edmonds. Therefore, the moratorium must be imposed as
an emergency measure to protect the public health, safety and welfare, and to prevent
the submission of a flood of applications to the City in an attempt to vest rights for an
indefinite period of time. This Ordinance does not affect any existing vested rights. Any
use currently in operation as a collective garden, marijuana producer, marijuana
processor or marijuana retailer without a valid City business license on the date of the
passage of this Ordinance is not a legal non -conforming use.
Section 9, Publication. This Ordinance shall be published by an approved
summary consisting of the title.
Section 10. Effective Date. This Ordinance shall take effect and be in full force
and effect immediately upon passage, as set forth herein, as long as it is approved by a
Q,
majority plus one of the entire membership of the Council, as required by RCW
35A.12.130.
PASSED by the City Council of Edmonds this 20th day of August, 2013.
Dave Earling, Mayor
AUTHENTICATED:
µms° :.:........... ,
"'Sandy Cliase, City Clerk.
APPROVED AS TO FORM:
Office 'ity Attorney
City Attorney
FILED WITH THE CITY CLERK: 08-20-2013
PASSED BY THE CITY COUNCIL: 08-20-2013
PUBLISHED: 08-25-2013
EFFECTIVE DATE: 08-20-2013
ORDINANCE NO. 3938
E
SUMMARY OF ORDINANCE NO. 3938
of the City of Edmonds, Washington
On the 20th day of August, 2013, the City Council of the City of Edmonds, passed Ordinance
No. 3938. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO COLLECTIVE GARDENS
AND THE RECREATIONAL USE OF MARIJUANA,
ESTABLISHING AN IMMEDIATE EMERGENCY
MORATORIUM ON THE SITING, ESTABLISHMENT AND
OPERATION OF ANY STRUCTURES OR USES
RELATING TO COLLECTIVE GARDENS, MARIJUANA
PRODUCTION, MARIJUANA PROCESSING, OR
MARIJUANA RETAILING, TO BE IN EFFECT UNTIL THE
CITY OF EDMONDS ADOPTS ZONING REGULATIONS
ADDRESSING SUCH MARIJUANA USES, AND
ESTABLISHING AN IMMEDIATE EMERGENCY
MORATORIUM ON THE SUBMISSION OF ANY BUSINESS
LICENSE APPLICATIONS FOR SUCH USES, SETTING
SIX MONTHS AS THE EFFECTIVE PERIOD OF THE
MORATORIUM, TO ALLOW THE WASHINGTON STATE
LIQUOR CONTROL BOARD AN OPPORTUNITY TO
COMPLETE ITS RULEMAKING FOR THE LICENSING OF
SUCH USES AND TO ALLOW THE CITY TO STUDY THE
SECONDARY LAND USE IMPACTS OF SUCH USES,
ESTABLISHING THE DATE OF THE PUBLIC HEARING ON
THE MORATORIUM AND DECLARING AN EMERGENCY.
The full text of this Ordinance will be mailed upon request.
DATED this 21 st day of August, 2013
CITY CLERK, SANDRA S. CHASE
10
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
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DECLARING. A NNAI AGE-^ y' times, namely:
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and that said newspaper was regularly distributed to its subscribers during all of said period,
Subscribed and sworn to before me this
day of Anutist, 2013
Notary Public in and for the State of W„rsdrtiro",,
County,
Account Narne: City of Edmonds Account Number: 101416
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