HomeMy WebLinkAboutord2014-009 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 - 74 A
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 2/11/2014 2/11/2014 Council
Division Head:
Dept.Head:
Prosecutor:
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT:
Emergency Ordinance Re: Marijuana
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Emergency Ordinance imposing an emergency moratorium on the acceptance of new applications for marijuana producers,processors and retailers
as authorized by Washington State Initiative 502 and medical marijuana facilities as authorized under Chapter 69.51 a RCW
COMMITTEE ACTION: COUNCIL ACTION:
2/11/2014: Council Adopted 7-0
Ord. 2014-009
Related County Contract#: Related File Numbers: Ordinance or Resolution
Number: Ord. 2014-009
Please Note: Once adopted and signed, ordinances and resolutions are available,for viewing and printing
on the Coun 's website at: www.co.whatcom.wa.us/council.
Marijuana Use Applications
SPONSORED BY:
PROPOSED BY: Executive Louws
INTRODUCTION DATE: February 11, 2014
ORDINANCE NO. 2014-009
(EMERGENCY ORDINANCE)
IMPOSING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE OF NEW
APPLICATIONS FOR MARIJUANA PRODUCERS, PROCESSORS AND RETAILERS AS
AUTHORIZED BY WASHINGTON STATE INITIATIVE 502 AND MEDICAL MARIJUANA
FACILITIES AS AUTHORIZED UNDER CHAPTER 69.51A RCW
WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the
State of Washington, thereby amending Chapter 69.50 RCW and providing the regulatory
framework for marijuana producers, processors, and retailers to become licensed by the
Washington State Liquor Control Board ("WSLCB"); and
WHEREAS, on November 16, 2013, the WSLCB adopted final marijuana licensing
rules as codified in Chapter 314-55 WAC; and
WHEREAS, during the period between November 18, 2013 and December 20, 2013,
the WSLCB accepted marijuana license applications for marijuana production, processing
and retail facilities; and
WHEREAS, Whatcom County began receiving notifications of proposed marijuana
facilities from the WSLCB in mid-December, 2013; and
WHEREAS, the WSLCB anticipates issuing marijuana producer, processor, and retail
licenses to qualified applicants starting in late February or March, 2014; and
WHEREAS, in 2011, the Washington State Legislature passed ESSSB 5073, codified
in Chapter 69.51A RCW, which provides that qualifying patients or their designated care
providers may create and participate in collective gardens to produce, process, transport,
and deliver marijuana for medical use; and
WHEREAS, marijuana facilities, whether under Chapter 69.51A RCW or Initiative
502, are currently not specifically addressed in Whatcom County Code; and
WHEREAS, on September 28, 2013, Whatcom County Planning and Development
Services adopted Zoning Interpretation Policy: PL1-73-003Z which determined that
marijuana proposed uses, as allowed by Initiative 502, would be regulated in the same way
as proposed uses related to any other commodity that is grown, processed, or sold in
Whatcom County; and
WHEREAS, on January 16, 2014, the Washington State Attorney General issued an
opinion stating that Initiative 502 does not preempt counties from banning or placing
additional regulatory requirements on marijuana related businesses within their
jurisdictions.
WHEREAS, consistent with the Attorney General's opinion, Whatcom County intends
to consider the adoption of additional regulatory requirements for marijuana related
businesses to protect surrounding communities and residential uses;
WHEREAS, while further regulations are considered, it is necessary to adopt a
moratorium on the acceptance of applications for marijuana related activities on an
emergency basis pursuant to Section 2.40 of the Whatcom County Charter for the
immediate preservation of the public peace, health, or safety for the following reasons:
1. Marijuana related operations are vulnerable to robbery and crimes of violence, as
evidenced by the actual robberies and violence that have occurred at state legal
marijuana medical sites within Whatcom County and elsewhere. The current
requirements for locating a proposed marijuana facility do not specifically address
the potential risks that these operations pose for surrounding residences, including
those residences within isolated communities with limited police protection; and
2. It is necessary to have this moratorium take effect immediately in order to prevent
future applications for marijuana producers, processors, retailers and collective
gardens from vesting under current law and thus subverting the purpose of
additional regulations to protect the public.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an
emergency moratorium is hereby imposed on the acceptance of all building and/or land use
applications that pertain to marijuana producers, processors, retailers, and collective
gardens, unless the applications were complete, as provided by the Whatcom County Code
and accepted by Whatcom County Planning and Development Services, prior to the effective
date of this ordinance.
BE IT FURTHER ORDAINED that this emergency ordinance shall take effect
immediately and shall expire as of the sixty-first (61St) day following the date on which this
ordinance becomes law, unless previously repealed or extended.
ADOPTED this 11th day of February, , 2014.
HATCQ.. �t WHATCOM COUNTY COUNCIL
A • r WHATCOM COUNTY, WASHINGTON
•
Data Brev+WA-■axis, cettrity Clerk Carl Weimer, Council Chair
se
APPI(Q, ED As FOR ( ) Approved ( ) Denied
*
ivil Deputy Prosecutor Jack Louw , Cou Ex cutive
Date: 2 -- I /`/