HomeMy WebLinkAbout2011-023 ORDINANCE NO. 2011-023
AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON, ADOPTING 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; 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 69.5 LA 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 and becomes effective July 22, 2011; and
WHEREAS, Section 404 of the bill effectively eliminates medical marijuana
dispensaries as a legally viable model of operation under State law; and
WHEREAS, Section 403 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 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
WHEREAS, as part of the process for the adoption of zoning regulations, the land use
impacts of medical marijuana or cannabis collective gardens, dispensaries, processing facilities
and production facilities must be identified; and
Ordinance No. 2011-023 1
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, and 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 overloaded 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, 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, unless a moratorium is imposed, collective gardens may be established
within the City of Arlington while the City lacks the necessary tools to ensure that the location is
appropriate and that the secondary impacts of such facilities are minimized and mitigated; and
WHEREAS, the City Council may impose a moratorium on the acceptance of certain
development applications for a period of up to six months as long as the City Council holds a
public hearing on the proposed regulations in accordance with RCW 35A.63.220 and RCW
36.70A.390; and
WHEREAS, the City Council, after considering the public comment taken and
information provided by staff, deems it to be in the public interest to establish a moratorium
related to medical cannabis collective gardens until the City can consider all of the land use
impacts of collective gardens, draft regulations, hold hearings and adopt regulations on the
subject in light of the new legislation.
NOW, THEREFORE, the City Council of the City of Arlington, Washington, do
ordain as follows:
Section 1. Findings. The recitals set forth above are hereby adopted as the Arlington City
Council's findings in support of the moratorium imposed by this ordinance.
Section 2. Pursuant to the provisions of RCW 36.70A.390, a zoning moratorium is
hereby enacted in the City of Arlington prohibiting licensing, permitting, establishment,
Ordinance No. 2011-023 2
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 creation of or participation in a"collective garden" as referenced and
defined in Section 403 of ESSB 5073 —Chapter 181, Laws of 2011.
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
thirty (30) day period or to any person who does not meet the definition of"qualifying patient"
under the terms of Chapter 69.51A 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 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 Arlington, 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.
Section 5. Referral to Staff and Planning Commission. The Arlington Community
Development Director is hereby authorized and directed to develop draft regulations regarding
marijuana or cannabis dispensaries, production facilities, and processing facilities. The
regulations shall be referred to the Arlington Planning Commission for review and
recommendation for inclusion in the zoning ordinances of the City of Arlington.
Section 6. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106, a
copy of this interim ordinance shall be transmitted to the Washington State Department of
Commerce.
Section 7. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be unconstitutional 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 development applications for the establishment of any medical marijuana or cannabis
collective gardens, collective gardens could locate and develop in a manner incompatible with
the codes eventually adopted by the City. Therefore, the moratorium must be imposed as an
emergency measure to protect the public health, safety, and welfare.
Ordinance No. 2011-023 3
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 long as it is approved by a majority plus one of the entire
membership of the City Council, as required by RCW 35A.12.130; provided,however, that
unless extended by act of the City Council, this ordinance shall automatically expire six (6)
months following its adoption.
CITY OF AR 5: ;7
e Baker, Mayor Pro Tem
ATTEST:
KriM anfield,ECity)Cale:rk
APPROVED AS TO FORM:
Ste a Pei e, ity orney
PASSED BY THE CITY COUNCIL and approved by the Mayor at a regular meeting thereof on
the 151" day of August 2011.
Ordinance No. 2011-023 4
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
#2011-023 was approved at the August 15, 2011 City Council meeting.
ORDINANCE #2011-023
"AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON, ADOPTING 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;
ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING THAT
THE MORATORIUM, UNLESS EXTENDED, WILL SUNSET
WITHIN SIX (6) MONTHS OF THE DATE OF ADOPTION"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of August 2011.
Kristin an ield
City Clerk for the City of Arlington