HomeMy WebLinkAbout4059 Ordinance ORDINANCE NO. LI 0.5-�
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REPEALING THE
MORATORIUM ON MEDICAL MARIJUANA COLLECTIVE GARDENS AND
AMENDING CHAPTER 25.08 OF THE PASCO MUNICIPAL CODE
WHEREAS, since 1970, federal law has prohibited the manufacture and possession of
marijuana as a Schedule I drug; and
WHEREAS, the voters of the State of Washington approved Initiative 692 (codified as
RCW 69.51A in November 1998); and
WHEREAS, the intent of Initiative 692 was that qualifying "patients with terminal or
debilitating illnesses who, in the judgment of their physicians, would benefit from the medical
use of marijuana, shall not be found guilty of a crime under state law,"(RCW 69.51A.005); and
WHEREAS, the Washington State Legislature passed ESSSB 5073 in 2011, which
provides that a qualifying patient or his/her designated care provider are presumed to be in
compliance, and not subject to criminal or civil sanctions/penalties/consequences, if they possess
no more than 15 cannabis plants, no more than 24 ounces of usable cannabis (other qualifications
apply); and
WHEREAS, Washington's Governor vetoed all of the provisions relevant to medical
marijuana dispensaries in ESSSB 5073 but left the provisions relating to cultivation of marijuana
for medical use by qualified patients individually and in collective gardens; and
WHEREAS, RCW 69.51A.130 allows local jurisdictions to adopt zoning requirements,
business license requirements, health and safety requirements, and impose business taxes on the
production, processing or dispensing of cannabis or cannabis products; and
WHEREAS, the City adopted Resolution 3340 imposing a moratorium on medical
marijuana collective gardens dispensaries it was predicted that the Washington State Legislature
would address the subject during the 2012 Legislative Session; and
WHEREAS, Based on experiences from other jurisdictions, there is significant increase
in criminal activity surrounding marijuana-related activities, regardless of local, state, or federal
legal status; and
WHEREAS, The Washington State Legislature did not adopt any new regulations on
medical marijuana; and
WHEREAS,the City has been placed in an untenable position between State and Federal
law, and has therefore chosen to amend Section 25.08.010 of the Municipal Code by adding the
following statement, and adopt this as the City's official position; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. Resolution 3340, moratorium on medical cannabis collective gardens is hereby
repealed.
Section 2. That Section 25.08.010 of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
25.08.010 INTERPRETATION. In interpreting and applying the provisions of this Title, the
provisions and standards contained herein shall be deemed to be the minimum standards or
requirements with which compliance is essential to the permitted uses, and shall not be construed
as limiting the legislative authority of the City Council to further restrict permissive uses or to
withhold or revoke permits for uses where, notwithstanding the existence of the minimum
standards set forth in this Title, the promotion or protection of the public health, morals, safety
and welfare bears a substantial relation to such withholding, denial or revocation of permits or
uses. (Ord. 3354 Sec. 2, 1999.) This Title does not allow any use which is in violation of any
local, State, or Federal laws, regulations, codes, and/or ordinances.
Section 3. This ordinance shall be in full force and effect five days after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting of <I
2012.
egoSioier-------
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
RESOLUTION NO. 3 3
A RESOLUTION OF THE CITY OF PASCO ADOPTING FINDINGS IN
SUPPORT OF RETENTION OF THE MORATORIUM PROHIBITING MEDICAL
CANNABIS COLLECTIVE GARDENS IN ALL ZONING DISTRICTS WITHIN THE
CITY.
WHEREAS, the Washington legislature by Engrossed Second Substitute Senate Bill 5073 (the
Medical Cannabis Bill) provided for the establishment of State regulated medical cannabis dispensaries and
collective cannabis gardens to provide a source of medical cannabis for qualifying patients, however,
Washington Governor Christine Gregoire vetoed significant portions of the Bill including all State agency
regulations of the production,processing and distribution of medical cannabis;and
WHEREAS, as a response to the Governor's veto, the legislature attempted, in the last hours of the
2011 legislative session to introduce Senate Bill 9555 addressing the concerns raised by the Governor's veto,
however,this Bill did not survive the closing of the legislative session and, therefore, further legislative action
is unlikely until the convening of the 2012 legislature;and
WHEREAS, the portions of the Medical Cannabis Bill that survived the veto permits collective
cannabis gardens subject to the City's determination of appropriate zoning,business license, health and safety
requirements to serve the best interests of the City;and
WHEREAS, the veto of major sections of the Medical Cannabis Bill has resulted in great confusion
as to its application and future legislation including a recently filed Initiative which raises further questions in
regards to the future effect and application of this act;and
WHEREAS, it is anticipated that collective cannabis gardens will require an increased risk to health
and safety, require increased code enforcement activities, and affect the use and enjoyment of surrounding
properties without appropriate regulations;and
WHEREAS, the City Council has determined that it is in the best interest of the City that the
moratorium be retained to provide the City an opportunity to develop appropriate regulations for such
collective gardens, and to develop a work plan for the implementation of such regulations;
NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS
FOLLOWS:
Section 1.The City of Pasco makes the following findings:
A. The City of Pasco does not currently have specific regulatory provisions addressing the conditions
or locations of collective cannabis gardens within the City.
B. The City adopted a moratorium on collective medicinal marijuana gardens in all zoning districts
through City of Pasco Resolution 3330 on July 18,2011 and heard citizen comments that medical
marijuana dispensaries are needed for residents of the greater Pasco—Kennewick—Richland area
and that currently, medicinal marijuana users must resort to illegal means to secure medicinal
marijuana.
Resolution - 1
I
C. The City of Pasco held a public hearing on the propriety of the moratorium on August 15, 2011
and received a report from staff on issues of concern related to collective medicinal marijuana
gardens, and heard testimony from I citizen relating to the contradictions within State law, the
need for collective medicinal marijuana gardens, the adverse effects of resorting to illegal means
of procuring medicinal marijuana, the need for building and zoning regulations for collective
gardens and the potential positive financial impact of taxing medicinal marijuana. ,
D. The City Council finds that zoning, licensing and permitting regulations should be established,
pending review of appropriate locations and other requirements for collective gardens, and the
impacts of the newly amended law and its interaction with federal law must be compared and
analyzed.
E. The City must ensure that proposed locations for collective gardens are appropriate and that any
potential secondary impacts arising from the operation of collective gardens are minimized and
mitigated. These secondary impacts include, but are not limited to burglaries associated with the
marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within
the vicinity of collective medical marijuana gardens.
F. The Pasco Police Department (PPD) has expressed concerns that collective medical marijuana
gardens will invite vandalism, theft and trespass and compromise neighborhood safety and has
expressed the need for development of regulations that will minimize these expected impacts.
Section 2. Moratorium Retained. The moratorium established by Pasco Resolution 3330 on July 18,
2011 is retained prohibiting the establishment, maintenance, cultivation,or operation of a collective garden for
growing medical cannabis as defined by Section I, Subsection 2 of the Engrossed Second Substitute Senate
Bill 5073 and RCW 69.51 A.010 as amended,within all zoning districts within the City of Pasco.
Section 3. Term of Moratorium. The moratorium imposed by Resolution 3330 shall continue in
effect for an initial period of 12 months, unless repealed, extended, or modified by the City Council after a
public hearing and the entry of appropriate findings of fact as required by RCW 35A.63.220, provided,
however,that the moratorium shall automatically expire upon the effective date of zoning regulations adopted
by the City Council to address collective gardens for medical cannabis within the City of Pasco.
Section 4. Effective Date. This Resolution shall be in full force and effect upon its passage and
signature below.
PASSED by the City Council of the City of Pasco this 4 day of '4j...fr(. r/,2011.
*I 0---r/1/0 oirs< ----——
Matt Watkins, Mayor
ATTEST: APPR VED . S TO FORM:
:3.etrFal. tt-A--4, ____ ail. ,"1p. ,City Cler s ' ,,�
J Leland B.Kerr,City Attorney
Resolution -2
it
September 2011 Medical Marijuana Work Plan
The following steps are intended to identify the expected process of creating legislation unique to the City of
Pasco's needs and legislative priorities.
1. Research cities/states with similar circumstances/laws pertaining to medicinal marijuana.
2. Research Washington Cities Insurance Association,Association of Washington Cities and the Municipal
Research and Service Center to determine latest developments,cautions,examples and experiences in
regulation of medicinal marijuana.
3. Research current State law and reconcile the discrepancy of federal laws concerning cultivation,possession
and distribution of medicinal marijuana,the question of precedence of State versus federal law and the risk
of prosecution to City personnel implementing State law.
4. Involve City Departments to determine the extent and degree of intervention needed from a licensing,
taxation, code enforcement,crime prevention,public safety(police and fire protection)and zoning
standpoint.
5. Research the degree of consistency for regulation desired/needed from Benton and Franklin counties and
the cities of Kennewick,Richland,West Richland,and meet with these jurisdictions as necessary to
coordinate efforts.
6. Evaluate the impact of voter approved initiatives after the November general election as applicable.
7. Evaluate the expected timeframe of developing local regulation against any State legislative movement.
Consider extension of the moratorium as needed.
8. Prepare interim report to City Council on progress of the work plan and anticipated timeline for
completion,and present to City Council on or before December 12,2011.
9. Develop draft legislative alternatives for regulating collective medical marijuana gardens.
10. Review with City management and revise as directed.
11. Conduct public workshops with the Planning Commission and revise draft regulatory alternatives as
needed.
12. Review developing State legislative amendments to State law concerning collective medical marijuana
gardens.Consider extension of the moratorium and adjustment of the work plan as necessary.
13. Conduct formal public hearing(s)with the Planning Commission to determine the Commission's
recommendation to City Council.
14. Present the recommended legislation to City Council at a Council Workshop.
15. Return to City Council for formal action as directed.