Planning 2013-07-25 Item 4 - PUBLIC HEARING: RECREATIONAL MARIJUANA - INFORMATIONAL MEMORANDUM

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City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila Planning Commission BY: Jack Pace, Director DCD Stacy MacGregor, Assistant Planner DATE: July 17, 2013 SUBJECT: Establishment of Marijuana Processing, Producing and Retailing as permitted uses in Tukwila Municipal Code, Title 18 Zoning. ISSUE Should the City establish zoning regulations for recreational marijuana producers, processors, and retailers? This does not impact the possession and use of recreational marijuana and does not impact the moratorium in effect related to medical marijuana collective gardens and dispensaries. BACKGROUND In the fall of 2012, the Washington voters passed Initiative 502 (1 -502), legalizing the recreational use of marijuana and directing the Washington State Liquor Control board (LCB) to regulate recreational marijuana producers, processers and retailers (see Attachment A). On July 3rd, 2013, the Liquor Control Board released proposed rules regarding the implementation of 1 -502. The rules are scheduled for adoption on August 14, 2013 and are set to go into effect on September 14th. Before the rules take effect, the WSLCB will determine a "maximum number of retail outlets that may be licensed in each county ". There will not be a cap on producer and processor licenses. The WSLCB will begin accepting applications for all three license types during a 30 -day window beginning on September 14. The LCB is expected to begin issuing licenses on December 1, 2013. 1 -502 is silent regarding medical marijuana and is generally viewed as creating a separate licensing process for recreational marijuana. The Washington State Legislature has adopted a budget for 2014 with language that calls for the Liquor Control Board to work with the Department of Health and Department of Revenue to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. The City of Tukwila's moratorium on medical marijuana is scheduled for renewal with the expectation that new rules will be adopted by the state legislature during the 2014 legislative session at which time the City will have updated state regulations to review and address. The Federal Government's Controlled Substances Act (CSA) still prohibits the possession and distribution of marijuana for any purpose.