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pot ord

pot ord

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Published by heidigroover
Spokane emergency ordinance regulating medical and recreational marijuana.
Spokane emergency ordinance regulating medical and recreational marijuana.

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Published by: heidigroover on Jul 16, 2013
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07/16/2013

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ORDINANCE NO. C-35008 An interim ordinance relating to marijuana use, medical cannabis collectivegarden regulatory licensing and state-licensed marijuana producers, processors andretailers; amending SMC sections 1.05.170 and 4.04.020; adopting a new section8.02.0233 to chapter 8.02 SMC; adopting new chapters 10.49 and 10.50 to Title 10SMC and new chapter 17C.347 to Title 17C of the Spokane Municipal Code; providingfor a public hearing within sixty days and declaring an emergency.WHEREAS, since 1970, federal law has prohibited the manufacture andpossession of marijuana as a Schedule I drug, based on the federal government’scategorization of marijuana as having a “high potential for abuse, lack of any acceptedmedical use, and absence of any accepted safety for use in medically supervisedtreatment.”
Gonzales v. Raich
, 545 U.S. 1, 14 (2005), Controlled Substance Act (CSA),84 Stat. 1242, 21 U.S.C. 801 et seq; andWHEREAS, Initiative Measure No. 692, approved by the voters of Washington State onNovember 30, 1998, and now codified as chapter 69.51A RCW, created an affirmativedefense for “qualifying patients” to the charge of possession of marijuana (cannabis);andWHEREAS, the intent of Initiative 692 was that qualifying “patients with terminalor debilitating illnesses who, in the judgment of their physicians, would benefit from themedical use of marijuana, shall not be found guilty of a crime under state law,”(RCW69.51A.005), but that nothing in the law “shall be construed to supersede Washingtonstate law prohibiting the acquisition, possession, manufacture, sale or use of marijuanafor non-medical purposes” (RCW 69.51A.020); andWHEREAS, the Washington State Legislature passed ESSSB 5073 in 2011,which provides that a qualifying patient or his/her designated care provider arepresumed to be in compliance, and not subject to criminal or civilsanctions/penalties/consequences, if they possess no more than 15 cannabis plants, nomore than 24 ounces of usable cannabis (other qualifications apply); andWHEREAS, on April 29, 2011, former governor Christine Gregoire vetoed all of the provisions of E2SSB 5073 relevant to medical marijuana dispensaries that wouldhave provided the legal basis for legalizing and licensing medical cannabisdispensaries, processing facilities and production facilities, thereby making theseactivities illegal but left the provisions relating to cultivation of marijuana for medical useby qualified patients individually and in collective gardens; andWHEREAS, RCW 69.51A.085 permitted qualifying patients “to create andparticipate in collective gardens for the purpose of producing, processing, transporting,and delivering cannabis for medical use,” provided no more than ten qualifying patientsparticipate, a collective garden does not contain more than 15 plants per patient up to a
 
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total of 45 plants per garden, and the garden does not contain more than 24 ounces of useable cannabis per patient and up to a total of 72 ounces of useable cannabis; andWHEREAS, under RCW 69.51A.060(1), it is a class 3 civil infraction to displaymedical cannabis in a manner or place which is open to view of the general public,which would include growing plants; andWHEREAS, RCW 69.51A.140 authorizes cities to adopt and enforce zoningrequirements, business licensing requirements, health and safety requirements, andbusiness taxes pertaining to the production, processing, or dispensing of cannabis or cannabis products within their jurisdiction and that nothing in chapter 181, Laws of 2011is intended to limit the authority of cities to impose zoning requirements or other conditions upon licensed dispensers, so long as such requirements do not preclude thepossibility of siting licensed dispensers within the jurisdiction; andWHEREAS, Pursuant to RCW 69.51A.130, no civil or criminal liability may beimposed by any court on cities, towns, or counties or other municipalities and their officers and employees for actions taken in good faith under this chapter and within thescope of their assigned duties.WHEREAS, Initiative Measure No. 502, approved by the voters of WashingtonState on November 6, 2012, calls for the establishment of a regulatory system licensingproducers, processors and retailers of recreational marijuana for adults 21 years of ageand older, legalizes the possession and private recreational use of marijuana andrequires the Washington State Liquor Control Board to adopt procedures and criteria byDecember 1, 2013 for issuing licenses to produce, process and sell marijuana; andWHEREAS, the establishment of additional medical cannabis collective gardensin light of the preclusion of licensed dispensaries created by the veto by former Governor Gregoire of portions of E2SSB 5073 and the pending implementation of Initiative Measure No. 502 by the Washington State Liquor Control Board could createinconsistent and incompatible land use activities and create unanticipated public health,safety and welfare concerns; andWHEREAS, the City of Spokane adopted Ordinance No. 34968 on February 25,2013, imposing a moratorium on the establishment of medical cannabis collectivegardens and licensed dispensaries because of the impact on the public health safetyand welfare; andWHEREAS, the Washington State Liquor Control Board has announced that itwill adopt its rules pertaining to the licensing of marijuana producers, processors andretailers by August 14, 2013, with an effective date of September 14, 2013 and beginaccepting applications for license types on September 14, 2013;
 
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WHEREAS, the City currently does not have specific zoning regulationspertaining to medical cannabis collective gardens and state-licensed producers,processors and retailers of state-licensed recreational marijuana; andWHEREAS, the City Council conducted a public hearing on April 15, 2013 asrequired by Ordinance No. C-34968 to take public testimony regarding theestablishment of the moratorium; andWHEREAS, the City Council and the City Plan Commission held a joint meetingon May 16, 2013 to discuss the implementation of the work plan called for in theOrdinance No. C-34968 establishing the moratorium; andWHEREAS, the City Plan Commission held a workshop on July 10, 2013 toreview this proposed interim ordinance; andWHEREAS, the City Council has studied the land use impacts collective gardens andstate-licensed marijuana producers, processors and retailers and has now prepared thisinterim ordinance to address these impacts; andWHEREAS, the City Council finds that it is necessary to adopt this interim ordinance inorder to avoid unanticipated negative impacts on the community and the public health,safety and welfare associated with medical cannabis collective gardens and state-licensed marijuana producers, processors and retailers; andWHEREAS, the City Council decided to adopt this interim ordinance and toformally repeal the moratorium on medical cannabis collective gardens established inOrd. No. C-34968; andWHEREAS, RCW 36.70A.390 provides that, “A county or city governing bodythat adopts a moratorium, interim zoning map, interim zoning ordinance, or interimofficial control without holding a public hearing on the proposed moratorium, interimzoning map, interim zoning ordinance, or interim official control, shall hold a publichearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not thegoverning body received a recommendation on the matter from the planningcommission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediatelyafter this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than sixmonths, but may be effective for up to one year if a work plan is developed for relatedstudies providing for such a longer period. A moratorium, interim zoning map, interimzoning ordinance, or interim official control may be renewed for one or more six-monthperiods if a subsequent public hearing is held and findings of fact are made prior toeach renewal;” and

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