Chapter 20.09
MEDICAL CANNABIS
Sections:
20.09.030 Prohibited activities.
20.09.040 Use not permitted in any zone.
20.09.050 No vested or nonconforming rights.
20.09.010 Findings.
The council adopts all of the “whereas” sections of the ordinance codified in this chapter as findings to support this ban on medical marijuana, as well as the following:
A. The purpose of this chapter is to enact a ban on medical cannabis or medical marijuana, which explicitly prohibits medical marijuana dispensaries and prohibits medical marijuana collective gardens (including those defined in RCW 69.51A.085). This prohibition will be enforced until such time as the Washington State Legislature acts to adopt a regulatory and enforcement system for medical marijuana uses that satisfies the enforcement priorities established by the federal government. Once the Washington State Legislature acts, the city shall evaluate the new medical marijuana laws to determine whether any local regulation of medical marijuana collective gardens is necessary, and if so, whether the city has the desire or the resources to adopt and enforce such local regulations. This ban may only be lifted by the city council in an ordinance specifically adopted for this purpose.
B. It is also the purpose of this chapter to stem the negative impacts and secondary effects associated with the marijuana uses (on-going or predicted) in the city, including but not limited to the extraordinary and unsustainable demands that have been or will be placed upon scarce city policing, legal, policy and administrative resources; neighborhood disruption, increased transient visitors and intimidation; the exposure of school-age children and other sensitive residents to medical marijuana, illegal sales to both minors and adults; fraud in issuing, obtaining or using medical marijuana prescriptions and murders, robberies, burglaries, assaults, drug trafficking and other violent crimes. The state of Washington has adopted a strict regulatory and enforcement system for the cultivation, processing and sale of recreational marijuana, but there is no state-wide regulatory scheme for medical marijuana. The city acknowledges the federal government’s recent medical marijuana enforcement efforts involving individuals/entities who/that attempted to avoid compliance with the more onerous recreational marijuana system by illegally operating medical marijuana collective gardens. Until new laws are adopted to bridge the gap between recreational and medical marijuana uses, and there is strict enforcement of these laws, the negative impacts and secondary effects described above are likely to occur/continue.
C. No part of this chapter is intended to or shall be deemed to conflict with federal law, including but not limited to the Controlled Substances Act, 21 U.S.C. Section 800 et seq., the Uniform Controlled Substances Act (Chapter 69.50 RCW) nor to otherwise permit any activity that is prohibited under either Act, or any other local, state or federal law, statute, rule or regulation. This chapter is not intended to address or invite litigation over the question whether the state of Washington’s medical marijuana laws (or this city’s medical marijuana laws) satisfy the federal government’s enforcement priorities. Nothing in this chapter shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale or use of medical cannabis or recreational marijuana in any manner not authorized by Chapter 69.50 or 69.51A RCW. Nothing in this chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein. It is the intention of the city council that this chapter be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass. (Ord. 1872 § A, 2015).
20.09.020 Definitions.
For purposes of this chapter, the following definitions apply:
“Collective garden” has the meaning set forth in RCW 69.51A.085.
“Cooperative” has the meaning set forth in RCW 69.51A.250.
“Cultivation” means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.
“Deliver” or “delivery” means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
“Designated provider” has the meaning provided in RCW 69.51A.010.
“Dispensary” means any location that does not meet the definition of “collective” or “collective garden” and in which medical marijuana or medical cannabis is processed, dispensed, selected, measured, compounded, packaged, labeled, sold, bartered or given away to any member of the public. It also includes any vehicle or other mode of transportation, stationary or mobile, which is used to transport, distribute, deliver, sell or give away medical cannabis or medical marijuana to any member of the public, including members of cooperatives as defined in RCW 69.51A.250.
“Dispense” means the interpretation of a prescription or order for medical cannabis or medical marijuana and, pursuant to that order, the selection, measuring, compounding, labeling or packaging necessary to prepare the prescription or order for delivery.
“Marijuana” has the meaning provided in RCW 69.50.101.
“Marijuana concentrates” has the meaning provided in RCW 69.50.101.
“Marijuana infused products” has the meaning provided in RCW 69.50.101.
“Marijuana processor” has the meaning provided in RCW 69.50.101.
“Marijuana producer” has the meaning provided in RCW 69.50.101.
“Marijuana retailer” has the meaning provided in RCW 69.50.101.
“Marijuana retailer with a medical marijuana endorsement” has the meaning provided in RCW 69.51A.010.
“Medical use of marijuana” has the meaning provided in RCW 69.51A.010.
“Qualifying patient” has the meaning provided in RCW 69.51A.010.
“Usable marijuana” has the meaning provided in RCW 69.50.101. (Ord. 1934 § 3, 2016).
20.09.030 Prohibited activities.
A. It is unlawful to own, establish, operate, use or permit the establishment or operation of a medical marijuana dispensary, or to participate as an employee, contractor, agent or volunteer or in any other manner or capacity in any marijuana business, even if the same is licensed by the state of Washington.
B. It is unlawful to own, establish, operate, use, participate in or permit the establishment or operation of a medical marijuana collective garden or a cooperative, or to participate as an employee, contractor, agent or volunteer or any other manner or capacity in any collective garden or cooperative, even if the same is licensed/registered with the state of Washington
C. It is unlawful to lease, rent, or otherwise allow any medical marijuana dispensary, or any medical marijuana collective garden or any cooperative, outdoors, indoors, in any building, structure, premises, location or land in the city, even if the same is licensed/registered with the state of Washington. (Ord. 1934 § 4, 2016; Ord. 1872 § A, 2015).
20.09.040 Use not permitted in any zone.
The use of any building, structure, location, premises or land for a medical marijuana dispensary or a collective garden or a cooperative is not currently allowed in the city and medical marijuana dispensaries and collective gardens and cooperatives are not permitted uses in any zone. So long as this chapter remains in effect, the city shall not determine, either through interpretation or otherwise, that the use of any building, structure, location, premises or land as a medical marijuana dispensary, or collective garden or cooperative, may be permitted in any zone. (Ord. 1934 § 5, 2016; Ord. 1872 § A, 2015).
20.09.050 No vested or nonconforming rights.
This chapter prohibits medical marijuana dispensaries, and collective gardens and cooperatives. Neither this chapter nor any other city ordinance, city action, failure to act, statement, representation, certificate, approval or permit issued by the city or its departments, or their respective representatives, agents, employees, attorneys or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding any medical marijuana business, marijuana business, cooperative or collective garden. (Ord. 1934 § 6, 2016; Ord. 1872 § A, 2015).
20.09.060 Violations.
Any violations of this chapter may be enforced as set forth in Chapter 20.82 PMC or, as applicable, the Uniform Controlled Substances Act, Chapter 69.50 RCW. In addition, violations of this chapter may be deemed to be a public nuisance and may be abated by the city under the procedures set forth in state law for the abatement of public nuisances. (Ord. 1872 § A, 2015).