The URL can be used to link to this page

Home My WebLink About2013-002ORDINANCE NO.2013-002 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 held a public hearing on February 4, 2013, 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 has opined 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. 2013-002 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. Ordinance No. 2013-002 2 12. The State Liquor Control Board is in the process of developing proposed regulations which may impact the production of marijuana with an approved state license, and the rule -making process is anticipated to take several additional months. 13. Former Governor Christine Gregoire filed a formal petition on behalf of the State seeking to have the federal government "declassify" marijuana as a controlled substance in late 2011. 14. 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. 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 August 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 S. Effective Date. This ordinance shall take effect and be in full force and effect within five days after publication as provided by law. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF ( 2013. CITY OF ARLINGTON, WASHINGTON Barbara Tolbert, Mayor ATTESTJAUTHENTICATED: :ICJ 4Kristirfield, City Clerk Ordinance No. 2013-002 APPROVED AS TO FORM: IV IOI ,\ 491 Ste own Ordinance No. 2013-002 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 #2013-002 was approved at the February 4, 2013 City Council meeting. ORDINANCE #2013-002 "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 5'h day of February, 2013. Kristin an field City Clerk for the City of Arlington