HomeMy WebLinkAboutOrd 2350 - Findings of Fact to Justify Moratorium on Medical Cannabis Collective Gardens or DispensariesCity of'Tukwila
Washington
Cover page to Ordinance 2350
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO THE ESTABLISHMENT,
LOCATION, OPERATION, LICENSING, MAINTENANCE OR
CONTINUATION OF MEDICAL CANNABIS COLLECTIVE
GARDENS OR DISPENSARIES, ASSERTED TO SE AUTHORIZED
OR, ACTUALLY AUTHORIZED UNDER E',2SSB 5073, CHAPTER
181:, LAWS OF 2011, CHAPTER 69,51A REVISED CODE OF
'WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; ADOPTING FINDIN F' FACT TO JUSTIFYTHE
MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING
FOR SEVERAWLITY; AND ESTABLISHING AN EFFECTIVE DATE,
See following reference in relation to Ordinance 2350.
City of Tukwila
Washington
Ordinance No. Q_.5 o
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO THE ESTABLISHMENT,
LOCATION, OPERATION, LICENSING, MAINTENANCE OR
CONTINUATION OF MEDICAL CANNABIS COLLECTIVE
GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED
OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER
181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF
WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; ADOPTING FINDINGS OF FACT TO JUSTIFY THE
MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on August 15, 2011, the Tukwila City Council passed Ordinance No.
2348, which declared an emergency necessitating the immediate imposition of a
moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington; and
WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A, the
City is required to hold a public hearing within 60 days of adoption of a moratorium and
to adopt Findings of Fact;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council adopts the following
Findings of Fact in support of the moratorium adopted by Ordinance No. 2348:
1. The possession or distribution of cannabis (marijuana) has been and
continues to be a violation of state law, pursuant to Chapter 69.50 Revised Code of
Washington (Washington's Uniform Controlled Substances Act), and federal law,
through the Controlled Substances Act ( "CSA ").
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2. Initiative Measure No. 692, approved by the voters of Washington State on
November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited
defense to marijuana charges under state —not federal —law if the person charged
could demonstrate that he or she was a qualifying patient or designated provider as
those terms are defined in Chapter 69.51A RCW. In 2007, the state legislature
amended the law, and in 2011 the state legislature passed a third amendment to the
law (E2SSB 5073, Chapter 181, Laws of 2011), portions of which the Governor vetoed.
The newly amended law took effect on July 22, 2011.
3. Prior to issuing her partial veto, the Governor received a letter signed by
Washington State's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan. In their
letter, they wrote that marijuana is a Schedule I controlled substance under federal law
and, as such, "growing, distributing and possessing marijuana in any capacity, other
than as part of a federally authorized research program, is a violation of federal law
regardless of state laws permitting such activities." These U.S. Attorneys also
concluded, "state employees who conducted activities mandated by the Washington
legislative proposals would not be immune from liability under the CSK.
4. Because the Governor vetoed 36 of the 58 sections of the Legislature's bill
amending Chapter 69.51A RCW, the law, in its final form, understandably has
inconsistencies and ambiguities. For example, certain sections that were not vetoed
make reference to other sections that were vetoed.
5. The recent amendments to Chapter 69.51A RCW change the scope and
effect of the law. New sections affect the rights of qualifying patients and their
designated providers. The law now allows "collective gardens" that provide for growing
and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law
also provides other changes to the rights and responsibilities of medical marijuana
patients and their designated providers.
6. The new law, however, clearly delegates to cities the authority to
implement zoning requirements, business licensing requirements, health and safety
requirements, and business taxes as those requirements and taxes relate to the
production, processing, or dispensing of medical marijuana. In particular, local
regulations could address ambiguities concerning the location and operation of
collective gardens, and ensure that provisions related to designated providers are not
used to establish a de facto dispensary when the authority for such uses was vetoed.
7. The City Council requires time to conduct appropriate research to
understand the extent of the changes provided in the new law, to analyze impacts and
potential liabilities under federal law, and to determine an appropriate regulatory
framework for any new uses that are allowed under these laws.
8. The City must ensure that proposed locations for these operations are
appropriate and that any potential secondary impacts arising from the operation of these
uses or facilities are minimized and mitigated. These secondary impacts may include,
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but are not limited to, burglaries associated with the cash and marijuana maintained on
the site, or an increase of other illegal activities, such as drug use, within the vicinity of
these dispensaries.
9. In particular, and without limitation, staff should analyze the impacts of
allowing these uses and facilities in residential zones as well as impacts arising from the
proximity of these uses and facilities to schools, daycares, parks, religious and cultural
facilities, jails and courthouses. Accordingly, the City Council finds that a zoning,
licensing, and permitting moratorium should be established, pending local review of
appropriate locations and design requirements of these operations, and impacts of the
newly amended law and its interaction with federal law.
10. City staff has presented a staff report to the City Council that outlines a
tentative schedule for examining the impacts associated with collective gardens and
dispensaries. Given the complexity of examining the issues associated with collective
gardens and dispensaries, the City will need at least one year to complete an in -depth
analysis and to complete a public outreach program.
11. The City Council, following public notice, conducted a public hearing
regarding the moratorium on October 3, 2011.
12. Although the City Council determines that a moratorium is necessary for
the reasons established above, the City Council emphasizes that it understands the
needs of persons suffering from debilitating or terminal conditions, as well as the
benefits that approved medical use of marijuana may provide these persons.
Nevertheless, given the complex legal and regulatory framework surrounding this issue,
a moratorium remains necessary until the City Council can adequately address the
competing interests at play.
13. The City Council has considered the foregoing facts, materials and
testimony.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL&F THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 3 r Y day of r r,1 0&k 2011.
ATTEST /AUTHENTICATED:
Christy O'Fl
CM C, City Cler
APPROVED-AS T
S�y M. Kersla
CitAttorney
1
Ji aggerton,
Filed with the City Clerk:
Passed by the City Council: L0 -2?- LJ
Published: -A-
Effective Date: Lt
Ordinance Number: A-15 /7
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2350 -2352.
On October 3, 2011 the City Council of the City of Tukwila, Washington, adopted the
following ordinances the main points of which are summarized by title as follows:
Ordinance 2350: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO THE ESTABLISHMENT, LOCATION,
OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE
AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181,
LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY
OTHER LAWS OF THE STATE OF WASHINGTON; ADOPTING FINDINGS OF FACT
TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2351: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 232 (PART) REGARDING
LIVESTOCK, SMALL ANIMALS AND FOWL AS CODIFIED IN TUKWILA MUNICIPAL
CODE (TMC) CHAPTER 7.08; REPEALING ORDINANCE NO. 232 §15, §17 AND §18;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2352: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER 8.27 ENTITLED "CHRONIC
NUISANCE PROPERTIES;" AMENDING ORDINANCE NOS. 2333 §8 AND 2315 §1
(PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 5.04.110, TO
INCLUDE BUSINESS LICENSE DENIAL OR REVOCATION FOR CHRONIC
NUISANCE PROPERTIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, CMC, City Clerk
Published Seattle Times: October 6, 2011