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Recitals:
ORDINANCE NO.2687
AN ORDINANCE OF THE CITY OF MOSES LAKE EXTENDING A MORATORIUM ON THE
ESTABLISHMENT OF MEDICAL MARIJUANACOLLECTIVE GARDENS,DEFINING"MEDICAL
MARIJUANA COLLECTIVE GARDENS"; PROVIDING FOR A PUBLIC HEARING;
ESTABLISHING AN EFFECTIVE DATE,AND PROVIDING THAT THE MORATORIUM,UNLESS
EXTENDED, WILL SUNSET WITHIN SIX (6) MONTHS OF THE DATE OF ADOPTION.
1.On September 27,2011,the CityCouncil passed Ordinance No. 2630 imposing a moratorium on the
licensing,establishment, maintenance or continuation of any medical marijuana collectivegarden;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 City Council conducted a public hearing to take public testimony on the
imposition of the moratorium;and
4.Additional time is needed toallowthe Citytoconsider landuse regulationsto address medical marijuana
collective gardens;and
5. RCW 35A.63.220 and RCW 36.70A.390 allowthe Citytoextend a moratoriumforone ormore six-month
periodsifa subsequent public hearing is heldand findings of factare made prior to each renewal;and
6.Becausethe moratoriumwassettoexpire on September 16,2013,the CityCouncilconsidered the issue
of whether the moratorium should be extended for an additional six-month period during its regular
Council meeting on August 27,2013,and;
7.The City Council desires to enter findings in support of extension of the moratorium;
NOW,THEREFORE,THE CITY COUNCIL OF THE 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 ofWashington State approved Initiative692, now codified asChapter 69.51A 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 provider as those terms are
defined in Ch.69.51A RCW;and
C.In 2011,the state legislature passed Engrossed Second Substitute Senate Bill (E2SSB)5073 making
significant amendments to the medical marijuana law in Washington;and
D.The Governor signed the E2SSB 5073,but vetoed several portions expressing her reservations about
provisions that involved state employees in activities that could be interpreted as in violation of federal
laws;and
E.E2SSB 5073 because effective on July 22,2011;and
ORDINANCE NO.2687
PAGE 2 August27,2013
F.E2SSB 5073 authorizes "collective gardens"where up to 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 limit tothe number of medical marijuanacollectivegardens 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 marijuanacollective gardens are not currently addressed inthe Moses Lake zoning code and
under Section 1102 of E2SSB 5073 cities may adopt zoning requirements forcollective gardens; and
I.Unless the moratorium imposed by Ordinance No. 2630 is extended,medical marijuana collective
gardens may be located withinthe Cityof Moses Lakewhilethe Citylacks the necessarytools to ensure
the locationisappropriateand that the potentialsecondary impacts of collective gardens are minimized
and mitigated;and
J.Initiative Measure No.502,filed July8,2011 andon the ballot inNovember, 2012, proposedto legalize
the production,possession,delivery,distribution and sale of marijuanasubject to regulationbythe State
Liquor Control Board for both recreational and medicinal use;and
K.Since Initiative 502 was passed by popularvote, the State will issue licenses to marijuanaproducers,
processors andretailers forlocations and operations withincity limits,and the State LiquorBoard must
adopt rules associated with the regulation of licensed marijuana producers,processors and retailers
within city limits by December 1,2013;and
L.The Citycannot predictwhat rulesthe State Liquor Control Boardwill adopt in response to the passage
of Initiate 502. Therefore,the Citycannot presentlyanticipatewhatactionmay be necessary to respond
to the effects of Initiative 502.
M.The CityCouncil deems itto be inthe publicinterest to extend the moratorium imposed by Ordinance
No.2630 pending consideration ofland useregulations to address medical marijuana collective gardens
and the passage of Initiative 502.
Section 3.Pursuant to the provisions of RCW 35A.63.220 and RCW 37.70A.390,the moratorium enacted
by Ordinance No.2630 prohibitingthe licensing,establishment,maintenance or continuation 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 in the 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. Medical marijuana collective gardens as defined in Section 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
MunicipalCode 5.04, no business license shall be issued to any person for a medical marijuana collective
garden,which use is hereby defined to be a prohibited use under the ordinances of the City of Moses Lake.
Section 5.The moratorium set forth in this Ordinance shall be in effect fora period of six months from the date
this ordinance is 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 is herebyauthorized and directedto develop draft 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.Ifany provision ofthis ordinanceor its application to any person or circumstance is held invalid,the
remainder of the ordinance,or the application of the provision to other persons or circumstances is notaffected./^^
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ORDINANCE NO.2687
PAGE 3
Adopted by the City Council and signed by its Mayor on August 27,2013
ATTEST:
Robert Taylor,Finance Director
APPROVED AS TO FORM:
August 27,2013