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HomeMy WebLinkAboutCOW 2013-07-22 Item 3A - Public Hearing - Ordinance Renewing Moratorium on Medical Cannabis Collective Gardens and Dispensaries COUNCIL AGENDA SYNOPSIS ototl'N.) 4 A_ �qi, Initials ITEM No. k 2 Meeting Date Prepared by M%. r s review fççrevielv 03 SM ! gg " D 08/05/13 SM 3A Ot 2905. ITEM INFORMATION STAFF SPONSOR:STACY MACGREGOR ORIGINAL AGENDA DATE: 07/22/13 AGENDA ITEM TITLE Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries. CATEGORY ® Discussion ❑Motion ❑ Resolution ® Ordinance ❑ Bid Award ® Public Hearing ❑ Other Mtg Date 07/22/13 Mtg Date Mtg Date Mtg Date 8/5/13 Mtg Date Mtg Date 7/22/13 Mtg Date ■ I SPONSOR ❑ Council ❑Mayor ❑ HR ® DCD ❑Finance ❑Fire ❑ IT ❑P&R ❑ Police ❑PW SPONSOR'S On August 15, 2011, the City Council enacted City Council Ordinance No. 2348, which SUMMARY established a one year moratorium on medical cannabis collective gardens and dispensaries. The moratorium was renewed for one year on August 6, 2012. The established moratorium is set to expire at midnight on August 5, 2013. Staff is proposing to renew the moratorium for an additional year. REVIEWED BY ❑ COW Mtg. ® CA&P Cmte ❑ F&S Cmte ❑Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DA1'E: 07/08/2013 COMMITTEE CHAIR: EKBERG RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMI ImE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: n/a MTG. DATE RECORD OF COUNCIL ACTION 07/22/13 MTG. DATE ATTACHMENTS 07/22/20 Informational Memorandum dated 07/3/13 Draft Ordinance renewing the moratorium in strike-thru format based on changes by CAP Ordinance No. 2379 Ordinance No. 2350 Minutes from the Community Affairs and Parks Committee meeting of 7/8/13 08/05/13 1 7 2 �I1LA Ail*1_ City of Tukwila 0-. vi o Jim Haggerton, Mayor 2906 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Department of Community Development Director BY: Stacy MacGregor, Assistant Planner DATE: June 25, 2013 SUBJECT: Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries ISSUE Should the City renew a moratorium on medical cannabis collective gardens and dispensaries? BACKGROUND In 2011, the Washington State legislature passed ESSB 5073, codified as RCW 69.51A, creating rules regarding medical cannabis patients, collective gardens, and medical cannabis dispensaries. The Governor vetoed portions of the bill. The partial veto created conflicts in the remaining portions of the bill but the general assumption is that dispensaries are prohibited by the veto but "qualifying patients" can participate in "collective gardens". The bill does allow local jurisdictions to adopt and enforce requirements for zoning, business licensing, health and safety and business taxes related to the "production, processing, or dispensing of cannabis and cannabis products within their jurisdiction." (RCW 69.51A.130) On August 15, 2011, the City Council enacted Ordinance No. 2348 placing a moratorium on cannabis collective gardens and dispensaries expecting the state to provide clarification on the statutes and the conflicts created by the partial veto. Ordinance 2350 was adopted as findings. In the 2012 legislative session, clarification was not provided but several initiatives addressing cannabis were pending with the state legislature. On August 6, 2012, the City Council enacted City Council Ordinance No.2379, which renewed a one year moratorium on medical cannabis collective gardens and dispensaries. The established moratorium is set to expire at midnight on August 13, 2013. In November 2012, Initiative 502 was passed decriminalizing recreational marijuana use and allowing for state licensed recreational marijuana retailers, processors and producers. The new law did nothing to change the medical cannabis law. The two laws are overseen by different state agencies and among other issues, provide different levels of oversight, licensing, and quantities of marijuana for possession and production. While a state budget has not yet been adopted, the provisional language in both the state house and senate budgets included direction to the state liquor control board to harmonize the medical cannabis and recreational marijuana laws. DISCUSSION Given that the state now allows local jurisdictions to exercise police powers to limit medical cannabis while simultaneously establishing a licensing mechanism for recreational marijuana, and, given that the state legislature may take up these conflicts in the next legislative session; it is prudent to wait until after the rules for implementation are issued and until after the next legislative session before developing regulations. 3 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT None RECOMMENDATION The Committee is being asked to forward the ordinance to the July 22, 2013 Committee of the Whole meeting and subsequent August 5, 2013 Regular Meeting. ATTACHMENTS • Draft Ordinance • Ordinance 2379 (to be repealed) • Ordinance 2350 (to adopt as finding) 4 W:12013 Info Memos-CouncillMedical MJ.doc DRAFT • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON 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; REPEALING ORDINANCE NO. 2379; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted 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, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, on August 6, 2012 the Tukwila City Council adopted Ordinance No. 2379, renewing the 12-month moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, medical marijuana was not addressed during the 2012 Legislative Session and no clarity regarding state and federal regulations related to the licensing, establishment, maintenance, or continuation of any medical cannabis collective garden is currently available; and W:Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed strike-thru 7-11-13 SM:bjs Page 1 of 4 5 WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which recreational marijuana producers, processors, and retailers can become licensed by the State of Washington; and _ A e. - - - - - - .tee - - e -- - 2014 Legislative Session; and WHEREAS, the Washington State Legislature has adopted a budget with language that calls for the Washington State 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; and WHEREAS, the Washington State Legislature has called for these recommen- dations to be submitted to the appropriate legislative committees by January 1, 2014, and WHEREAS, the City has diligently pursued this issue and continues to develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state or federal law, but needs additional clarity from the Washington State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of collective gardens in the community; and WHEREAS, the moratorium adopted by Ordinance No. 2379 will expire before the State has rectified the inconsistencies between recreational marijuana and medical cannabis; and WHEREAS, the City deems it in the public interest to renew the current moratorium continued by Ordinance No. 2379 until a period at least 60 days after the close of the 2014 Legislative Session in order to investigate this issue further, obtain regulatory clarity and guidance on how to proceed, and then to adopt City regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed 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. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on July 22, 2013 to hear testimony regarding the City's moratorium. W:Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed strike-thru 7-11-13 SM:bjs Page 2 of 4 6 Section 3. Duration. The moratorium renewed herein shall be in effect until May 31, 2014, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15-day period, and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15-day period and who complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non-conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non-conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and/or his/her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries and collective gardens including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of medical marijuana uses under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. In the event that such uses are ultimately determined to be legal, the work program W:Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed strike-thru 7-11-13 SM:bjs Page 3 of 4 7 should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Further, beyond the extent established by the Washington State Liquor Control Board, the work program should also coordinate medical cannabis rules and regulations with the recreational marijuana rules and regulations established under Initiative 502. The Finance Director and/or his/her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. 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 9. 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. Section 10. 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 OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W:Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed strike-thru 7-11-13 SM:bjs Page 4 of 4 8 (N4 I LA pi, 1908 City of u la Washington Ordinance No. 5) 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A 12-MONTH MORATORIUM WITHIN THE . CITY OF TUKWILA ON 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; REPEALING ORDINANCE NO. 2348; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW.35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted 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, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, after adoption of the City's moratorium, and despite calls from other Washington State cities, the Washington State Legislature has failed to provide clarification on the statutes relating to cannabis collective gardens and/or dispensaries; and WHEREAS, several initiatives are currently pending with the Washington Secretary of State's Office addressing the issue of cannabis; and W:Word Processing\OrdinancesWloratorium on marijuana collective gardens-renewed 6-27-12 BM:bjs Page 1 of 4 9 WHEREAS, the moratorium adopted by Ordinance No. 2348 will expire before the initiatives go before the people of the State of Washington and, if adopted, before the initiatives would be enacted into law; and WHEREAS, the City is not in the position to expend scarce resources in developing regulations that may be rendered obsolete in a very short time, based on action taken at the State level; and WHEREAS, the City desires to wait for the outcome of the vote on these initiatives and, if passed by the people, to determine any impact these initiatives may have (either. directly or indirectly) on requirements relating to cannabis collective gardens and/or dispensaries; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed 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. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on July 23, 2012 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until August 14, 2013, unless extended by the City Council, pursuant to State law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15-day period and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana W:Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed 6-27-12 BM:bjs Page 2 of 4 10 plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15-day period and who complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non-conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non-conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and/or - his/her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries, production facilities, and processing facilities including but not limited to review of the pending dispute between state and federal law enforcement authorities regarding the legality of medical marijuana under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. In the event that such uses are ultimately determined to be legal, the work program should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. The Finance Director and/or his/her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Repealer. Ordinance No. 2348 is hereby repealed. Section 9. 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. Section 10. 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. W:Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed 6-27-12 BM:bjs Page 3 of 4 11 • Section 11. 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 OF THE CITY JOF TUKWILA, WASHINGTON, at a Regular Meeting thereof this tTi4- day of USfi , 2012. ATTEST/AUTHENTICATED: Christy O'F erty, MMC, City rk 2eoar Filed with the City Clerk: 2 - - / APPR. I A . 0 F'i RM BY: Passed by the City Council: 411:=0, Published: — Effective Date:! - ey M. - -rslake, •' Attorney Ordinance Number: IL; W:Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed 6-27-12 BM:bjs Rage 4 of 4 12 VI /90a City of u la Washington Ordinance No. .D 3S 0 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"). W:Word Processing\Ordinances\Nledical Cannabis Findings of Fact 9-27-11 NG:bjs Page 1 of 4 13 • 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 CSA". 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, W:Word Processing\Ordinances\Medical Cannabis Findings of Fact 9-27-11 NG:bjs Page 2 of 4 14 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. W:Word Processing\Ordinances\Medical Cannabis Findings of Fact 9-27-11 NG:bjs Page 3 of 4 15 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 COUNCI F THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this E (1 day of Q c,�t .h.Q/ , 2011. ATTEST/AUTHENTICATED: J AIP it � f 1 Christy O'Flah,:i 1 , CMC, City Cler Ji aggerton, 1 APPROVED A c OR BY: Filed with the City Clerk: -463"// Passed by the City Council: JO-7.i- if Published: /0 6-- i/ .Effective Date: i 0-/ / -// Sh- -y M. Kersla Cit Attorney Ordinance Number: 1 W:Word Processing\Ordinances Medical Cannabis Findings of Fact 9-27-11 NG:bjs Page 4 of 4 16 • City of Tukwila ,,,J,, i/ Community Affairs and Parks Committee 190a COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes July 8, 2013—5:15 p.m. PRESENT Councilmembers:Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller Staff: Jack Pace, Stacy MacGregor,Bob Giberson,Ryan Larson,Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Medical Cannabis Collective Garden Moratorium Renewal Staff is seeking Council approval of an ordinance that would renew a moratorium on medical cannabis collective gardens and dispensaries through May 31, 2014. This will be the second renewal of the original moratorium originally placed by Ordinance 2348 on August 15, 2011. 4( Initiative 502, passed last November, decriminalizes recreational marijuana use and allows for state licensing of recreational marijuana retailers, processors and producers. The recently adopted state budget includes a proviso directing the Washington State Liquor Control Board to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. Renewing the moratorium will give the City time to investigate the potential changes to zoning regulations that may be necessary to address these recent changes as well as to receive any regulatory clarity that may be forthcoming from the State during the January—March 2014 Legislative Session. Staff noted that the seventh recital will be modified to reflect the current status of the state budget. Committee Chair Ekberg requested that these changes be presented in strikeout/underline for the COW. UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING. B. Ordinance: Marijuana Processing, Producing and Retailing Staff is seeking Council approval of an ordinance that would establish a moratorium on recreational marijuana producers, processors and retailers for six months from the ordinance effective date. Pursuant to the provisions of Initiative 502, the Washington State Liquor Control Board is in the process of developing rules regarding its implementation. The final rules are due to go into effect on September 14th, with applications for licenses being accepted for 30 days, through mid-October. Licenses will be issued beginning December 1, 2013. Under the draft rules, recreational marijuana commercial uses will be prohibited within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. Establishing a moratorium now will allow the City time to draft a zoning code ordinance that will coordinate most effectively with the Liquor Control Board Rules as well as with the provisions of Initiative 502. Staff indicated that there will be a presentation of potential code amendments to the Planning Commission at its July 25 meeting, after which recommendations will come before the Council. After a discussion of the zoning considerations, Committee members agreed that establishing the moratorium would be of benefit to the City. UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING. 17