012-12 - Ordinance - Terminating Moratorium RE Medical Marijuana DispensariesIntroduced 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. 012-12
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
DISPENSARIES
WHEREAS, on February 22, 2011, the City Council adopted Ordinance No. 002-
11 imposing a six-month moratorium on medical marijuana businesses, dispensaries,
and facilities; and
WHEREAS, on August 9, 2011, the City Council adopted Ordinance No. 012-11
renewing the moratorium under Ordinance 002-11 for a six month period; and
WHEREAS, on February 14, 2012, the City Council adopted Ordinance No.
004-12 renewing the moratorium for an additional six month period, which will expire
August 12, 2012; and
WHEREAS, since the adoption of Ordinances 002-11, 012-11, and 004-12, 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
Ordinance No.o12-12
Page 2 of 3
WHEREAS, the City of Port Orchard understands that while the medical
benefits of marijuana have been recognized by the state legislature, marijuana or
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 City Council believes that the Governor's veto of the provisions
in E2SSB 5073 on the subject of medical marijuana dispensaries should be interpreted
to mean that dispensaries are prohibited by state law as well as federal law; 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,
Ordinance No.012-12
Page 3 of 3
permits, or licenses for any building or land use activity involving medical marijuana
dispensaries as set forth in Ordinance No. 004-12 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 012-
12, whichever is later. A summary of this Ordinance may be published in lieu of the
entire ordinance, as authorized by state law.
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:
p
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
-A� 1-1�
Gregory A. Jkolly, Ci ttorney
1-4
Timothy C. M tthes, Mayor
Sponsored by:
a'-4 �' "G.' �/' - _
Cind Lucarelli, 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.012-12
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
DISPENSARIES
Copies of Ordinance No. 012-12 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. 012-12 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
August 3, 2012