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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.