2701o>
Recitals:
ORDINANCE NO.2701
AN ORDINANCE OF THE CITY OF MOSES LAKE EXTENDING A MORATORIUM ON THE
ESTABLISHMENTOF MEDICAL MARIJUANACOLLECTIVEGARDENS,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 OF THE DATE OF ADOPTION.
1.On September 27,2011,the City Council passed Ordinance No. 2630 imposing a moratorium on the
licensing,establishment,maintenance orcontinuation of any medical marijuanacollective 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 City Council conducted a publichearing to take publictestimony on the
imposition of the moratorium;and
4. Additionaltime is needed to allowthe Cityto consider land use regulations to address medical marijuana
collective gardens;and
5.RCW35A.63.220 and RCW36.70A.390 allowthe Cityto extend a moratoriumforone ormore six-month
periodsifa subsequent public hearing is heldand findings of factare made prior to each renewal;and
6.Because the moratoriumwas set to expire on February 27,2014,the CityCouncilconsidered the issue
of whether the moratorium should be extended for an additional six-month period during its regular
Council meeting on January 28,2014 and February 11,2014; and;
I)7.The City Council desires to enter findings in support ofextension ofthe moratorium;
NOW,THEREFORE, THECITY COUNCIL OFTHECITYOFMOSES 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
pursuantto Chapter69.50 RCW (Washington's uniform Controlled Substances Act),and federal law,
through the Controlled Substances Act;except as allowed by I-502;and
B.In 1998,thevotersofWashingtonState approved Initiative 692,now codified as Chapter69.51 A RCW,
whichcreateda limited defense to marijuana charges understate,not federal law,ifthe personcharged
could demonstrate that he or she was a qualifying patient or designated provideras 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 lawinWashington; and
D.The Governor signedthe E2SSB 5073,butvetoed several portions expressingher reservations about
provisions thatinvolved stateemployees in activities thatcould be interpreted as in violation of federal
laws;and
E.E2SSB 5073 because effective on July 22,2011;and
^^J F.E2SSB 5073 authorizes "collective gardens"where up to ten qualifying patients may join together to
produce,grow and deliver upto45 marijuana orcannabis plants for medical use;and
G. Under E2SSB 5073 there is no limitto the number of medical marijuanacollective gardens that may be
located at any site nor restrictions as to where collective gardens may be located in relation to other
uses;and
ORDINANCE NO.2701
PAGE 2 February11,2014
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 whilethe Citylacks 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 ballot in November,2012,proposed to legalize
the production,possession,delivery,distributionand sale of marijuana subject to regulation bythe State
Liquor Control Board for both recreational and medicinal use;and
K.Since Initiative502 was passed by popular vote, the State will issue licenses to marijuana producers,
processors and retailers forlocations and operations within citylimits,and the State LiquorBoard having
adopted rules associated with the regulation of licensed marijuana producers,processors and retailers
within city limits;and
L.TheWashington State Legislature,during the 2014 general session,will take under consideration certain
amendments to the law which may modify existing law regarding collective gardens.Therefore,the City
cannot presently anticipate what action may be necessary to respond to the effects of Initiative 502.
M.The CityCouncil 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 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 prohibiting the licensing,establishment,maintenance or continuation ofany 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
Municipal Code 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 Cityof Moses Lake.
Section 5.The moratorium set forth in this Ordinance shall be in effectfor a 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 directed to 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 of this ordinance or 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 not
affected.
Adopted by the City Council and signed by its Mayor on February 11,2014
<gLU4C&.
Dick Deane,Mayor
APPROVED AS TO FORM:
W.Robert Taylor,FMarice Director .iJadktttnfMM*,Katne^ne L.Kenison,City^Attorney
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