013-12 - Ordinance - Terminating Moratorium for Marijuana Collective GardensIntroduced by: Development Director
Requested by: Development Director
Drafted by: City Attorney
Reviewed by: City Attorney
Introduced: July 24, 2012
Adopted: July 24, 2012
ORDINANCE NO. 013-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, TERMINATING A MORATORIUM ON
ACCEPTING OR PROCESSING APPLICATIONS,
PERMITS, OR LICENSES FOR ANY BUILDING OR LAND
USE ACTIVITY INVOLVING MEDICAL MARIJUANA
COLLECTIVE GARDENS
WHEREAS, on August 23, 2011, the City Council adopted Ordinance No. 016-11
imposing a six-month moratorium on medical marijuana collective gardens; and
WHEREAS, on February 14, 2012, the City Council adopted Ordinance No. 003-
12 renewing the moratorium for an additional six month period, which will expire
August 12, 2012; and
WHEREAS, since the adoption of Ordinances o16-11, and 003-12, City Staff, the
Port Orchard Planning Commission, and the City Council have worked to evaluate
numerous alternatives for permitting and regulating medical marijuana dispensaries
and collective gardens within the City of Port Orchard; and
WHEREAS, over the course of the time the City has been studying the
alternatives, federal agents have raided over a dozen medical marijuana businesses,
making it clear that the federal government may take action against individuals and
businesses who are operating said businesses in violation of federal laws; and
WHEREAS, the City of Port Orchard understands that the approved use of
marijuana may provide relief to patients suffering from debilitating or terminal medical
conditions, but must also consider the legal consequences to the City as discussed
below; and
WHEREAS, the City of Port Orchard understands that while the medical
benefits of marijuana have been recognized by the state legislature, marijuana or
Ordinance No.013-12
Page 2 of fl
cannabis remains a Schedule I controlled substance under the federal Controlled
Substance Act (CSA), and that the possession and use of marijuana remains a violation
of federal law; and
WHEREAS, on January 17, 2012 the U.S. Department of Justice/DEA sent a
letter to the Board of Commissioners for Clark County Washington. In that letter, the
DOJ/DEA responded to an inquiry by Clark County as to whether Clark County
employees could be prosecuted for violation of federal law if they knowingly carried out
the "marijuana activities contemplated by Washington state law..." In responding to
this inquiry, the DOJ/DEA stated that the implementation of the Washington state
medical marijuana law would be considered a violation of federal law, subjecting
violators to money laundering statutes, forfeiture of property and criminal prosecution;
and
WHEREAS, the City Council does not wish to place its staff in the position
where they may be in violation of federal law by reviewing and approving a license or
permit application for medical marijuana businesses, dispensaries, collective gardens
and facilities; and
WHEREAS, the adoption of a City Ordinance allowing medical marijuana
businesses, dispensaries, and/or collective garden facilities could create a false belief or
confusion among said business owners of the legality of their businesses; and
WHEREAS, the City Council finds that that federal law controls and restrains
the distribution, cultivation, and possession of marijuana. In light of the legal restraints
imposed under federal law rending all such activities to be illegal, the City Council finds
that the moratorium previously imposed on such activities need not be continued and
that no further land use regulations are necessary to regulate said activities; and
WHEREAS, the City Council adopts the foregoing as its findings of fact
justifying adoption of this Ordinance; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION i. The moratorium on accepting or processing applications,
permits, or licenses for any building or land use activity involving medical marijuana
collective gardens as set forth in Ordinance No. 003-12 is hereby terminated.
SECTION 2. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law or after the effective date of Ordinance 013-
12, whichever is later. A summary of this Ordinance may be published in lieu of the
entire ordinance, as authorized by state law.
Ordinance No.013-12
Page 3 of 3
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the Clerk in authentication of such passage this 24th day of July
2012.
ATTEST:
M1 (I
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
— -z�
Gregory A. J co y, Ci y ttorney
Timothy C. M tthes, Mayor
Sponsored by:
-Glaaac
Cindy carelli, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held July 24, 2012.
ORDINANCE NO. 013-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, TERMINATING A MORATORIUM
ON ACCEPTING OR PROCESSING APPLICATIONS,
PERMITS, OR LICENSES FOR ANY BUILDING OR
LAND USE ACTIVITY INVOLVING MEDICAL
MARIJUANA COLLECTIVE GARDENS
Copies of Ordinance No. 013-12 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 013-12 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
August 3, 2012