2754ORDINANCE NO.2754
AN ORDINANCE OF THE CITY OF MOSES LAKE EXTENDING A MORATORIUM ON THE
{)ESTABLISHMENT OFMEDICAL MARIJUANA COLLECTIVE GARDENS,DEFINING "MEDICAL
v~/MARIJUANA COLLECTIVE GARDENS";PROVIDING FOR A PUBLIC HEARING;
ESTABLISHINGAN EFFECTIVE DATE, AND PROVIDING THATTHE MORATORIUM,UNLESS
EXTENDED, WILLSUNSET WITHIN SIX (6) MONTHS OF THE DATE OF ADOPTION.
Recitals:
1.On September 27,2011,the CityCouncil 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,the CityCouncil conducted a public hearing to take public testimony on the
imposition of the moratorium;and
4. Additionaltime is needed toallowthe Cityto consider land use regulations to address medical marijuana
collective gardens;and
5. RCW35A.63.220 and RCW36.70A.390 allowthe Citytoextend a moratoriumforone ormore six-month
periods ifa subsequent publichearing is held and findings offact are made priorto each renewal; and
6.Because the moratorium was set to expire on February 12,2015,the CityCouncil considered the issue
of whether the moratorium should be extended for an additional six-month period during its regular
Council meeting on January 27,2015 and February 10,2015;and;
u
7.The CityCouncil desires to enter findings in support of extension of the moratorium;
NOW,THEREFORE,THE CITYCOUNCILOF THE CITYOF MOSES LAKE,WASHINGTONORDAINSAS
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 uniformControlled Substances Act), and federal law,
through the Controlled Substances Act;except as allowed by I-502; and
B.In1998, the voters ofWashington State approved Initiative 692, nowcodified as Chapter 69.51ARCW,
whichcreated a limited defense to marijuana charges under state, notfederal 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.In2011,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
provisionsthat involved state employees inactivities that could be interpreted as inviolation offederal
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
[^_J produce,grow and deliver up to 45 marijuana or cannabis plants for medical use;and
G. Under E2SSB 5073 there is no limit to the number of medical marijuana collective gardens that may be
located at any site nor restrictionsas to where collective gardens may be located in relation to other
uses;and
ORDINANCE NO.2754
PAGE 2 February 10,2015
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.2723 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 withincitylimits,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 2015 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.2723 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.2723 prohibiting the 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
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 City of Moses Lake.
Section 5.The moratorium setforth in this Ordinance shall be in effect for 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 hereby authorized 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 10,2015.
£*i<Lsia42
ATTEST Dick Deane,Mayor
obeVt Taylor,Finance Director
APPROVED AS TO FORM:
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Kaihefine L.Kenison, City-Attorney