HomeMy WebLinkAbout2012-013 ORDINANCE NO. 2012-013
AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON,
ADOPTING FINDINGS OF FACT IN SUPPORT OF A MORATORIUM
ON THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES, COLLECTIVE GARDENS AND THE LICENSING AND
PERMITTING THEREOF AND EXTEND THE MORATORIUM FOR SIX
MONTHS
WHEREAS, the City Council on August 15, 2011 imposed a moratorium on the
acceptance of certain development applications relating to medical marijuana gardens for a
period of up to six months and further conducted a public hearing on the proposed regulations on
October 3, 2011 in accordance with RCW 35A.63.220 and RCW 36.70A.390, and at that
meeting, extended the moratorium for a full year; and
WHEREAS, the City Council adopted a work plan in October 2011; and
WHEREAS,the Planning Commission held a public hearing on June 19, 2012 to
consider amendments to Title 20—Land Use Code, with regards to new regulations for medical
cannabis collective gardens; and
WHEREAS, the City Council on July 2, 2012, after considering the public comment
taken and information provided by staff, and due to continued uncertainty from the State
Legislature regarding such uses deems it to remain in the public interest to have the moratorium
related to medical marijuana dispensaries, collective gardens and permitting extended for six
months 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; and
NOW, THEREFORE, the City Council of the City of Arlington, Washington, do
ordain as follows:
Section 1. Findings. The City Council makes the following findings:
1. Initiative Measure No. 692, approved November 3, 1998, created an affirmative
defense for"qualifying patients"to the charge of possession of marijuana.
2. 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".
3. 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.
Ordinance No. 2012-013 1
4. The City Council finds that the sale of marijuana, no matter how designated by
dispensaries, is prohibited by federal and state law.
5. ESSB 5073 —Chapter 181, Laws of 2011 ("the bill") was adopted with a partial veto
of the Governor and becomes effective July 22, 2011.
6. Section 404 of the bill effectively eliminates medical marijuana dispensaries as a
legally viable model of operation under State law.
7. 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.
8. 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".
9. 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.
10. 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.
11. 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.
12. 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.
Ordinance No. 2012-013 2
i
Section 2. In light of the uncertainty of State and Federal regulations, the City Council
further elects pursuant to RCW 36.70A.390 to extend the moratorium for an additional six
months from the date after the expiration of the last moratorium, or until February 14, 2013.
Section 3. 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 4. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 5. Effective Date. This ordinance shall take effect and be in full force and effect
within five days after publication as provided by law.
CITY OF ARLINGTON:
C��ay-'ZC�/�'Lll Jfl/�•e
Barbara Tolbert, Mayor
ATTEST:
1 �-
Kristin anfield, City Clerk'
APPROVED AS TO FORM:
Stev Pe' e, Atrorney
Ordinance No. 2012-013 3
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 #2012-013
was approved at the July 16, 2012 City Council meeting.
ORDINANCE#2012-013
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON,
ADOPTING FINDINGS OF FACT IN SUPPORT OF A MORATORIUM ON
THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES,
COLLECTIVE GARDENS AND THE LICENSING AND PERMITTING
THEREOF AND EXTEND THE MORATORIUM FOR SIX MONTHS"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of July, 2012.
L l
Kristin anfield
City Cler for the City of Arlington