2723ORDINANCE NO.2723
AN ORDINANCE OF THE CITY OF MOSES LAKE EXTENDING A MORATORIUM ON THE
,v ESTABLISHMENT OF MEDICAL MARIJUANA COLLECTIVE GARDENS,DEFINING "MEDICAL
VJ MARIJUANA COLLECTIVE GARDENS";PROVIDING FOR A PUBLIC HEARING;
ESTABLISHING ANEFFECTIVE DATE,AND PROVIDINGTHATTHE MORATORIUM,UNLESS
EXTENDED,WILL SUNSET WITHIN SIX(6)MONTHS OF THE DATE OF ADOPTION.
Recitals:
1.On September 27,2011,the City Council passed Ordinance No.2630 imposing a moratorium on the
licensing,establishment,maintenance or continuation 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,theCity Council conducted a public hearing to take public testimony on the
imposition of the moratorium;and
4.Additional timeisneededtoallow theCity toconsider land use regulations toaddressmedical marijuana
collective gardens;and
5. RCW35A.63.220andRCW 36.70A.390 allow the City toextenda moratorium for oneormoresix-month
periods ifa subsequent public hearing isheld and findings of fact are made prior to each renewal;and
6. Because the moratorium was set toexpireon February 27,2014,the City Council consideredthe 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;
7. The City Council desires to enter findings insupport of extension of the moratorium;
NOW,THEREFORE, THECITY COUNCIL OFTHECITYOFMOSES LAKE,WASHINGTON ORDAINSAS
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;except as allowed by I-502;and
B.In 1998,the voters ofWashington State approved Initiative692,now codified as Chapter 69.51 A RCW,
which created a limited defense to marijuana charges under state,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 inWashington; and
D.The Governor signed the E2SSB 5073, but vetoed several portions expressing her reservations about
provisions that involved state employees inactivitiesthat could be interpreted as in violation of federal
laws;and
E.E2SSB 5073 because effective on July 22,2011;and
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 formedical use; and
G.Under E2SSB 5073thereisno limit tothe numberof medical marijuana collective gardensthatmaybe
located at any site nor restrictions as to where collective gardens may be located in relation to other
uses;and
U
ORDINANCE NO.2723
PAGE 2 August 12,2014
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 City of 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 ballot in November,2012,proposed to legalize
the production,possession,delivery,distribution and sale of marijuana subject to regulation by the State
Liquor Control Board for both recreational and medicinal use;and
K.Since Initiative 502 was passed by popular vote,the State will issue licenses to marijuana producers,
processors and retailers for locations and operations within city limits,and the State Liquor Board having
adopted rules associated with the regulation of licensed marijuana producers,processors and retailers
within city limits;and
L.The Washington State Legislature,during the 2014 general session,willtake underconsideration 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 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 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 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 licenseshallbe issuedto anyperson for a medical marijuana collective
garden,which use isherebydefined tobe a prohibited use undertheordinancesofthe City ofMoses Lake.
Section 5.The moratorium set forth inthis 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 CityCouncil.
Section 6.TheCity Manager ishereby authorized and directed todevelop 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.If any provision of this ordinance orits application toany person orcircumstance is held invalid,the
remainder ofthe 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 August 12,2014
9^C<^^Q^^
ATTEST:si D'ck Deane,Mayor
APPROVED.AS TO FORM:
yX£ajj&*
atheripfe L.Kenison,City
^
~