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HomeMy WebLinkAboutCAP 2015-06-22 Item 2B - Discussion - Illegal Marijuana Grow Operationswq City of Tukwila TO: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Laurel Humphrey, Council Analyst DATE: June 16, 2015 SUBJECT: Illegal Marijuana Grow Operations ISSUE Combating illegal medical marijuana grow operations in Tukwila. BACKGROUND The City has had a moratorium prohibiting medical marijuana collective gardens and dispensaries for several years, due to a lack of clarity in state laws regarding medical marijuana and a lack of regulation of this industry. In April, the Council authorized the pursuit of injunctive relief against two medical marijuana collective gardens operating in violation of the moratorium, and in May these preliminary injunctions were granted. Recent inspections by the City show that these properties are currently in compliance with the preliminary injunctions, and the City is currently working to resolve these cases in a manner that ensures continued compliance with state and local laws. The Washington State Legislature recently passed legislation that will dramatically change the current state medical marijuana laws in July 2016. At its June 8, 2015 meeting, the Community Affairs and Parks Committee gave direction to the City Attorney and DCD staff to develop a draft ordinance that would a) ban collective gardens and dispensaries until July 2016 and b) require compliance with state laws after July 2016, establishing significant civil penalties for violations. Drafting of the ordinance is currently underway and staff expect to have it ready for CAP review at its July 13, 2015 meeting. The Committee also urged the creation of a thorough process for enforcement of the ordinance, with input and buy -in from all departments involved. DISCUSSION The purpose of this meeting is to continue discussion of the City's strategy for combatting illegal grow operations as well as plan for a follow -up discussion to be held by the entire Council. Councilmember Robertson, because he feels City staff is currently committed to a variety of important projects, has suggested a dedicated project team including external legal counsel responsible for project management, communications, partnership with other entities such as the King County Prosecutor and Liquor Control Board, strategy and process development, and more. FINANCIAL IMPACT Unknown at this time. RECOMMENDATION No recommendation. ATTACHMENTS • June 8, 2015 CAP Meeting Minutes • AWC Senate Bill 5052 Overview 11 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes June 8, 2015 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Dennis Robertson, Allan Ekberg Staff: Rachel Turpin, Rachel Bianchi, Jack Pace, Mike Villa, Laurel Humphrey Guests: Sharon Mann, resident CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Update on Medical Cannabis City Attorney Rachel Turpin provided an update to the Committee regarding the status of medical marijuana regulations. The City currently has in place a moratorium prohibiting medical marijuana collective gardens and dispensaries. Because it is set to expire in October, policy direction is needed from the Council regarding next steps. In addition, the Cannabis Patient Protection Act, recently passed by the Washington State Legislature, will significantly change regulations at the state level with ensuing impacts to cities. The following paragraphs summarize the information shared with the Committee. Summary of Senate Bill 5052 Changes SB 5052 establishes the Liquor Control Board (to be renamed the Liquor and Cannabis Board) as the regulatory agency overseeing medical marijuana, creates a system of cooperatives, and increases the limit to 15 plants for those registering into an optional database. Those who do not sign up for the database are limited to four plants and six ounces. Medical marijuana must be grown in the grower's domicile. Cooperatives may be formed by four qualifying patients or providers, and 60 plants may be grown at the cooperative location. Cooperatives will not require a City business license. Most of the provisions of the law do not go into effect until July 1, 2016, although the patient database is going to be developed starting July 24, 2015. The law no longer includes a statement giving cities the option to ban medical marijuana through zoning regulations, which was employed by the City of Kent in its collective garden ban, recently upheld by the State Supreme Court. Cities do not have authority to create criminal penalties or penalties for drug violations, but do have authority to create civil penalties, such as for growing marijuana out of compliance with state law. 13 Community Affairs & Parks Committee Minutes June 8, 2015 - Page 2 Tukwila's Next Steps The current moratorium prohibiting medical marijuana collective gardens and dispensaries is set to expire in October 2015, so the City Attorney is seeking direction on what type of legislation to have ready. Since the City can continue to prohibit collective gardens until the state law takes effect in July 2016, it is possible to draft one ordinance that includes short term and long term provisions, such as a section prohibiting collective gardens but specifying that that section terminates in July 2016. The City has flexibility until July 2016, and could consider adding a misdemeanor penalty. Process for Enforcement Committee members stated that the proposed legislation must be enforceable and it would be prudent to determine the cross - departmental process for handling violations early in the process. Ms. Turpin stated that the recent injunction process the Council approved for two properties in the City does require compliance with city and state laws. The City will be inspecting the properties to follow up. Committee Recommendation The Committee unanimously supported the development of an ordinance that would prohibit collective gardens through July 2015 and thereafter require compliance with state law. They did not feel it would be worthwhile to include a misdemeanor component for this temporary period. The draft ordinance should establish civil penalties for violating state law, and they would like to see clearly defined City processes for compliance and enforcement, with input from the City Prosecutor. RETURN TO COMMITTEE WITH DRAFT ORDINANCE. III. MISCELLANEOUS Meeting adjourned at 6:49 p.m Next meeting: Monday, June 22, 2015 j -�i'.h Committee Chair Approval Minutes by LH, Reviewed by RT 14 IIr Strong Cites Great State The Cannabis Patient Protection Act Senate Bill 5052: On April 24, 2015, Governor Jay Inslee signed into law SB 5052, the cannabis patient protection act. The act establishes a medical marijuana oversight body, guidance for rules and regulation, licensing, and defines cooperatives and personal grows. The law has various enactment dates over the course of the next year and a half. Oversight SB 5052 establishes the Liquor Control Board as the regulatory agency overseeing medical marijuana, and renames the board the Liquor and Cannabis Board (LCB). Regulation Medical use of marijuana is regulated through the same structure as provided through Initiative 502 (legalization of recreational marijuana). The LCB shall adopt comprehensive rules and regulations similar to that of the recreational market to regulate the medical marijuana market. To qualify for the "medical use" of marijuana, the terminal or debilitating conditions must be severe enough to significantly interfere with activities of daily living and must be able to be objectively assessed and evaluated. A voluntary medical marijuana authorization database is created. Qualifying patients and designated providers who do not sign up for the database may grow marijuana for their medical use but are limited to four plants and six ounces of useable marijuana. They are provided an affirmative defense to charges of violating the law on medical use of marijuana. Those who do register in the database may grow up to 15 plants for medical use, are provided arrest protection, and may possess a combination of the following: • Forty -eight ounces of marijuana- infused product in solid form; • Three ounces of useable marijuana; • Two hundred sixteen ounces of marijuana - infused product in liquid form; or • Twenty -one grams of marijuana concentrates. Licensing Marijuana retail establishments may apply for a medical marijuana endorsement through the LCB. The endorsement may be issued concurrently with the retail license and medical marijuana— endorsed Association of Washington Cities awcnet.org stores must carry products identified by the Department of Health (DOH) as beneficial to medical marijuana patients. DOH must also adopt safe handling requirements for all marijuana products to be sold by endorsed stores and must adopt training requirements for retail employees. The LCB must reopen the license period for retail stores and allow for additional licenses to be issued in order to address the needs of the medical market. The LCB must establish a merit based system for issuing retail licenses. • First priority must be given to applicants that have applied for a marijuana retailer license before July 1, 2014, and who have operated or been employed by a collective garden before November 6, 2012. • Second priority must be given to applicants who were operating or employed by a collective garden before November 6, 2012 but who have not previously applied for a marijuana license. Use by minors Minors may be authorized for the medical use of marijuana if the minor's parent or guardian agrees to the authorization. The parent or guardian must have sole control over the minor's marijuana. Minors may not grow marijuana, nor may they purchase from a retailer, but they may enter the premises of a medical marijuana retailer if they are accompanied by their parent or guardian who is serving as the designated provider. Patients who are between ages 18 and 21 may enter medical marijuana retail outlets. Cooperatives and personal grows Those who are registered in the medical marijuana database may grow marijuana in their domicile. No more than 15 plants may be grown in a housing unit, unless the housing unit is the location of a cooperative. No plants may be grown or processed if any portion of the activity may be viewed or smelled by the public or the private property of another housing unit. 360.753.4137 pg. 1 15 l6 Idrin Strong Cities Great State Senate Bill 5052: The Cannabis Patient Protection Act The provision authorizing collective gardens is repealed, effective July 1, 2016. In their place, four member cooperatives are permitted. A maximum of 60 plants (15 plants x 4 members) may be grown at the cooperative location. Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of members of the cooperative. No more than four qualifying patients or designated providers may become members of a cooperative under this section and all members must hold valid recognition cards. All members of the cooperative must be at least 21 years old. The designated provider of a qualifying patient who is under 21 years old may be a member of a cooperative on the qualifying patient's behalf. Cooperatives may not be located within one mile of a marijuana retailer and they must be registered with the LCB. If a member of the cooperative leaves, he or she must notify the LCB within 15 days of the date he /she ceases participation. Additional qualifying patients or designated providers may not join the cooperative until 60 days has passed. Cooperatives may not sell, donate or otherwise provide marijuana to a person not participating in the cooperative. The location of the cooperative must be a domicile of one of the participants. Only one cooperative may located per domicile. The LCB may adopt rules regulating cooperatives, including a seed to sale traceability model that is similar to the model in the recreational market. The LCB or law enforcement may inspect a cooperative. Local authority Cities, towns, counties, and other municipalities may create and enforce civil penalties, including abatement procedures, for the growing or processing of marijuana and for keeping marijuana plants Association of Washington Cities awcnet.org beyond or otherwise not in compliance with the rules and regulations of cooperatives. Enactment July 24, 2015, except for the following: Immediately: • Contracting with an entity to create, administer and maintain the patient database. • Exempting disclosure of records in the database, including patient names and personally identifiable information. • The LCB conducting controlled purchase programs to ensure marijuana is not being sold to minors, minors are not selling marijuana in retail and medical establishments and whether collective gardens and cooperatives are providing minors with marijuana. July 1, 2016 • Minors, between the ages of 18 -20, with recognition cards may begin buying medical marijuana. • The amount of marijuana medical patients may acquire goes into effect. • Health care professionals may begin authorizing qualifying patients under the age of 18 to use medical marijuana. Their parent or guardian shall act as their designated provider. • Various provisions related to the security of the medical marijuana authorization database. • Criminal protections for the medical use of marijuana. • Group cooperatives are allowed. • Collective gardens are eliminated. • Allowing minors who are eligible to consume medical marijuana on school grounds. 360.753.4137 pg. 2 17