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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