Ordinance 38330006.90000
W S S/gj z
12/8/ 10
R:1/10/11
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A MORATORIUM ON THE
ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES, DEFINING "MEDICAL MARIJUANA
DISPENSARY," PROVIDING FOR A PUBLIC HEARING,
REFERRING THE MATTER TO THE PLANNING BOARD
FOR HEARING AND REVIEW, 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 69.51A 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 69.51A RCW]
does not allow dispensaries," leaving enforcement to local officials, and
WHEREAS, the City acknowledges the right of qualified health care
professionals to prescribe the medical use of marijuana, acknowledges the affirmative defense
available to qualifying patients from the possession 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 any one time," and
{WSS840120.DOC;1\00006.900000\ } I -
WHEREAS, the City Council finds that the secondary impacts associated with
marijuana dispensaries, 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, the City Council finds that the sale of marijuana, no matter how
designated by dispensaries, is prohibited by state and federal law,
WHEREAS, the Washington State Legislature will be considering at least one bill
clarifying the legality of medical marijuana dispensaries and collective or co-operative grow
operations, and pending its action, if any, the City Council deems it to be in the public interest to
establish a zoning moratorium pending local review of the issue or final action by the legislature,
and
WHEREAS, a public hearing was held on January 18, 2011 before the Edmonds
City Council, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Pursuant to the provisions of RCW 36.70A.390, a zoning moratorium
is hereby enacted in the City of Edmonds prohibiting the licensing, establishment, maintenance
or continuation of any use consisting of or including the sale of medical marijuana, the provision
of medical marijuana to more than one person, or the establishment of a medical marijuana
dispensary. "Medical marijuana dispensary" is hereby defined as any individual, business,
corporation or other entity which: 1) sells 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 terms of the Act, or 2) maintains more than one one -
month supply for one qualifying patient on the premises at any time, or 3) provides for the
{WSS840120.DOC;1\00006.900000\ } - 2 -
cultivation of more than 15 plants by collective or cooperative ventures at a location. The receipt
of cash or other legal tender in exchange for, contemporaneously with or immediately following
the delivery of marijuana, shall be presumed to be a sale. Any person or entity which sells or
otherwise dispenses marijuana to more than one person and/or qualifying patient in any thirty
(30) day period or cultivates marijuana for more than one person and/or qualifying patient, shall
be presumed to be a "medical marijuana dispensary."
Section 2. Medical marijuana dispensaries as defined in Section 1 are hereby
designated as prohibited uses in the City of Edmonds. In accordance with the provisions of
RCW 35A.82.020 and ECC 4.72.050, no business license shall be issued to a medical marijuana
dispensary, which is hereby defined to be both a prohibited use under the ordinances of the City
of Edmonds, and an activity which does not comply with the general laws of the state of
Washington.
Section 3. This ordinance shall be referred to the Edmonds Planning Board for
its review and recommendation for inclusion in the zoning ordinances of the City of Edmonds.
Section 4. Ordinance to be Transmitted to Department. Pursuant to RCW
36.70A.106, this interim Ordinance shall be transmitted to the Washington State Department of
Commerce as required by law.
Section 5. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and 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 Edmonds City Council,
this ordinance shall expire six (6) months following its effective date.
{WSS840120.DOC;1\00006.900000\ } - 3 -
APPROVED:
C
MA OR MIKE COOPE
ATTEST/AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF jmbeftY EY:
BY w �-)- �cf
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01-14-2011
PASSED BY THE CITY COUNCIL: 01-18-2011
PUBLISHED: 01-23-2011
EFFECTIVE DATE: 01-28-2011
ORDINANCE NO.3833
{WSS840120.D0Q1\00006.900000\ 1 - 4 -
SUMMARY OF ORDINANCE NO.3833
of the City of Edmonds, Washington
On the 181h day of January, 2011, the City Council of the City of Edmonds,
passed Ordinance No. 3833. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A
MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES, DEFINING "MEDICAL MARIJUANA DISPENSARY," PROVIDING FOR
A PUBLIC HEARING, REFERRING THE MATTER TO THE PLANNING BOARD FOR
HEARING AND REVIEW, ESTABLISHING AN EFFECTIVE DATE AND PROVIDING
THAT THE MORATORIUM, UNLESS EXTENDED, WILL SUNSET WITHIN SIX (6)
MONTHS OF THE DATE OF ADOPTION.
The full text of this Ordinance will be mailed upon request.
DATED this 19`h day of January, 2011.
CITY CLERK, SANDRA S. CHASE
{WSS840120. DOC; 1 \00006.900000\ }- 5 -
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
i
SUMMARY OF ORDINANCE NO. 3833
of the City of Edmonds, Washington
On the 18th day of January, 2011, the City Council of the City of
Edmonds, passed Ordinance No. 3833, A summary of the content
of said ordinance, consisting of the title, provides as follows:
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A MORATORIUM ON THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES,
DEFINING "MEDICAL MARIJUANA DISPENSARY; PROVIDING
FOR A PUBLIC HEARING, REFERRING THE MATTER TO
THE PLANNING BOARD FOR HEARING AND REVIEW,
ESTABLISHING AN EFFECTIVE DATE AND PROVIDING THAT
THE MORATORIUM, UNLESS EXTENDED, WILL SUNSET
WITHIN SIX (6) MONTHS OF THE DATE OF ADOPTION.
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of January 2011.
CI Y CLERK, SANDRA S. CHASE
Published: January 23, 2011-
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Courtof Snohomish County and that the notice
Summary of Ordinance NO. 3833
a printed copy of which is hereunto attached, was published in said newspaper proper and not in
supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
January 23, 2011
and that said ne aper was regularly distributed to its subscribers during all of said period.
�.1 J
Principal Clerk
i
Subscribed and sworn to before me this 24th
RECEIVED,
day of Janua
JAN 2 8.2,011
EDMONDS CITY CLERK
f
Public in and or the %ate of Washington, residing at Everett, Snohomish
Account Name: City of Edmonds Account Number: 101416 Order Number. 0001725009