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Recitals:
ORDINANCE NO.2645
AN ORDINANCE OF THE CITY OF MOSES LAKE EXTENDING A MORATORIUM ON THE
ESTABLISHMENTOF MEDICAL MARIJUANACOLLECTIVE GARDENS,DEFINING "MEDICAL
MARIJUANA COLLECTIVE GARDENS"; PROVIDING FOR A PUBLIC HEARING;
ESTABLISHINGAN EFFECTIVE DATE,AND PROVIDING THATTHE MORATORIUM,UNLESS
EXTENDED,WILL SUNSET WITHIN SIX (6) MONTHS OFTHE DATEOF ADOPTION.
1.On September 27,2011,the City Council passed Ordinance No. 2630 imposinga moratorium on the
licensing,establishment,maintenance orcontinuation ofany medical marijuana collective garden;and
2. Ordinance No. 2630 defined the medical marijuana collective gardens that were subject to the
moratorium and adopted findings and conclusions supporting the moratorium;and
3. On September 27,2011,the CityCouncil conducted a public hearing to take public testimony on the
imposition of the moratorium;and
4.Additional timeis needed toallowthe Citytoconsiderlanduse regulations toaddress medicalmarijuana
collective gardens;and
5. RCW 35A.63.220and RCW36.70A.390 allow theCitytoextend a moratorium for one ormoresix-month
periodsifa subsequent public hearing is heldand findings of factare made prior to each renewal;and
6.Because the moratorium was set to expire on March 27, 2012, the CityCouncil considered the issue
of whether the moratorium should be extended for an additional six-month period during its regular
Council meeting on February 28, 2012, and;
7. The CityCouncildesires to enter findings insupport of extension of the moratorium;
NOW,THEREFORE,THE CITY COUNCIL OFTHE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS
FOLLOWS:
Section 1.The recitals set forth above are hereby incorporated as findings of fact.
Section 2.The City Council further finds as follows:
A.The possession or distribution of marijuana has been and continues to be a violation of state law
pursuant to Chapter 69.50 RCW (Washington's uniform Controlled Substances Act), and federal law,
through the Controlled Substances Act;and
B. In 1998,the voters of Washington State approved Initiative692,now codified as Chapter 69.51 A RCW,
which created a limited defense to marijuana charges understate,not federal law,ifthe person charged
could demonstrate that he or she was a qualifying patient or designated provideras those terms are
defined in Ch.69.51 A RCW;and
C.In 2011,the state legislature passed Engrossed Second Substitute Senate Bill (E2SSB) 5073 making
significant amendments to the medical marijuana law inWashington; and
D.The Governorsigned the E2SSB 5073, butvetoed several portions expressing her reservationsabout
provisionsthat involved state employees inactivitiesthat could be interpretedas inviolation of federal
laws;and
l i E.E2SSB 5073 because effective on July 22, 2011; and
ORDINANCE NO.2645
PAGE 2 March 13,2012
F.E2SSB 5073 authorizes "collective gardens"where upto ten qualifying patients may join together to /^\
produce,grow and deliver up to 45 marijuana or cannabis plants for medical use;and
G. Under E2SSB 5073 there is no limitto the number of medical marijuana collective gardens that may be
located at any site nor restrictions as to where collective gardens may be located in relation to other
uses;and
H. Medical marijuana collective gardens are not currently addressed in the Moses Lake zoning code and
under Section 1102 of E2SSB 5073 cities may adopt zoning requirements for collective gardens;and
I.Unless the moratorium imposed by Ordinance No.2630 is extended,medical marijuana collective
gardens may be located within the Cityof Moses Lake while the City lacks the necessary tools to ensure
the location is appropriate and that the potential secondary impacts of collective gardens are minimized
and mitigated;and
J.Initiative Measure No. 502,filed July 8,2011 and on the ballotinNovember, 2012,proposes to legalize
the production,possession,delivery, distributionand sale of marijuana subjectto regulation by the State
Liquor Control Board for both recreational and medicinal use; and
K.Should Initiative 502 pass,the State willissue licenses to marijuana producers,processors and retailers
for locations and operations within city limits, and the State Liquor Board must adopt rules associated
with the regulation of licensed marijuana producers,processors and retailers within city limits by
December 1,2013;and
L.The City cannotforecastwhetherInitiative502 will pass and become law nor predict whatrules the State
LiquorControl Boardwilladopt inresponse thereto.Therefore,the City cannot presentlyanticipate what
action may be necessary to respond to the effects of Initiative502,should it pass;
M.The City Council deems itto be in the public interest to extend the moratorium imposed by Ordinance
No.2630 pending consideration of land use regulations to address medical marijuana collective gardens
and pending the passage or failure of Initiative502 in November,2012.
Section 3.Pursuant to the provisions of RCW 35A.63.220 and RCW 37.70A.390,the moratorium enacted
byOrdinance No.2630 prohibiting the licensing,establishment,maintenance orcontinuation of any medical
marijuana collective garden in the City of Moses Lake is extended for six months. A "medical marijuana
collective garden" is an area or garden where qualifying patients engage inthe production,processing,or
transporting and delivery of marijuana for medical use as set forth in the E2SSB 5073 and subject to the
limitations therein.
Section 4. Medicalmarijuana collective gardens as defined inSection 3 are hereby designated as prohibited
uses in the City of Moses Lake. In accordance with the provisions of RCW 35A.82.020 and Moses Lake
Municipal Code 5.04,no business license shall be issued to any person for a medical marijuanacollective
garden,whichuse is herebydefined to be a prohibited use underthe ordinancesofthe City of Moses Lake.
Section 5.The moratorium setforth inthis Ordinance shall be ineffect fora period ofsix months from the date
this ordinanceis passed and shall automatically expire on that date unless extended as provided in RCW
35A.63.220 and RCW 36.70A.390,or unless terminated sooner by the Moses Lake City Council.
Section 6.The City Manager isherebyauthorized anddirected todevelopdraft regulations regarding collective
gardens.The regulations shall be referred to the Moses Lake Planning Commission for review and
recommendation for inclusion in the Moses Lake Zoning Code.
Section 7.If any provision ofthisordinance oritsapplication toanyperson orcircumstance isheld invalid,the
remainder of the ordinance, or the application of the provision to other persons or circumstances is not
affected.
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ORDINANCE NO.2645
PAGE 3 March 13,2012
Section 8. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on March 13, 2012
ATTEST-:
//MA
David E.Fournier,Assistant Finance Director
APPROVED AS TO FORM:
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Kaffferine/L.Kenison,City'Attorney