RES 1218RESOLUTION NO.'1 ^
A RESOLUTION imposing a moratorium for six months
upon the establishment of any collective garden for the purpose
of producing,processing,transporting,and delivering Cannabis
for medical use as otherwise authorized pursuant to Engrossed
Second Substitute Senate Bill 5073,Section 403.
A RESOLUTION declaring an emergency and adopting a six-month moratorium
within the City of Camas on the establishment,location,operation,licensing,maintenance or
continuation of medical marijuana collective gardens or dispensaries,asserted to be
authorized or actually authorized under E2SSB 5073,Chapter 181,Laws of 2011,Chapter
69.51A Revised Code of Washington,or any other laws of the state of Washington;setting a
date for a public hearing on the moratorium,and providing that the moratorium will take
effect immediately upon passage.
WHEREAS,Initiative Measure No.692,approved November 3,1998,provided for
the use of cannabis (marijuana)for medical purposes and created an affirmative defense for
"qualifying patients"to the charge of possession of cannabis;
AND WHEREAS,the Initiative and Chapter 69.51A RCW are clear that nothing in
its provisions are to be "construed to supersede Washington state law prohibiting the
acquisition,possession,manufacture,sale or use of cannabis for non-medical purposes;"and
AND WHEREAS,the City Council acknowledges the right of qualified health care
professionals to recommend the medical use of cannabis,acknowledges the affirmative
defense available to qualifying patients from the possession of cannabis as well as the right of
patients to designate a "designated provider"who can "provide"rather than sell cannabis to
"only one patient at any one time"as provided by law but also recognizes that cannabis
manufacture and use remains illegal under federal law for both medical and non-medical
purposes;
AND WHEREAS,the Legislature passed E2SSB 5073 (the Act)and the Governor
has signed the legislation but also has vetoed thirty six (36)of the fifty eight (58)sections of
the bill which has understandably created some ambiguities and inconsistencies;
AND WHEREAS,E2SSB 5073 is effective on July 22,2011;
AND WHEREAS,the Act authorizes "collective gardens"which would permit
qualifying patients to produce,grow and deliver up to forty five (45)cannabis plants to serve
no more than ten (10)qualifying patients for medical use;
AND WHEREAS,other jurisdictions have seen the establishment of medical
marijuana dispensaries and have received inquires regarding the establishment of medical
marijuana dispensaries also referred to as cooperatives,patient cooperatives or patient
networks and other facilities,with some inquirers asserting that such dispensaries are
authorized to operate as designated providers of medical marijuana within the meaning of
Chapter 69.51A RCW;
AND WHEREAS,such dispensaries are not authorized under either state or federal
law;
AND WHEREAS,the Act delegates to cities the authority to implement zoning
requirements,and business taxes as those requirements and taxes relate to the production,
processing,or dispensing of medical marijuana.Specifically,such regulations could address
ambiguities concerning the location and operation of collective gardens;
AND WHEREAS,adequate time is needed to conduct appropriate research to
understand the extent of the changes provided in the Act,to analyze impacts and potential
liabilities under federal law,and to determine an appropriate regulatory framework for any
new uses that are allowed under these laws.The City must ensure that proposed locations for
these operations are appropriate and that any potential secondary impacts arising from the
operation of these uses or facilities are minimized and mitigated.These secondary impacts
include,but are not limited to,burglaries associated with the cash and marijuana maintained
on site,or an increase of other illegal activities such as drug use,within the vicinity of
dispensaries.In addition,studies may be conducted to analyze the impacts of allowing these
uses and facilities in residential zones as well as the impacts arising from the proximity of
these uses and facilities to schools,daycares,parks,religious and cultural facilities;
AND WHEREAS,the City Council deems it to be in the public interest to establish a
zoning,licensing and permitting moratorium pending local review of the changes in the law
on the subject of medical marijuana dispensaries and collective or co-operative grow
operations;
AND WHEREAS,the City Council determines that a moratorium is necessary for the
reasons stated herein,the Council understands the needs of the persons suffering from
debilitating or terminal conditions,as well as the benefits that approved medical use of
marijuana may provide these persons.Nevertheless,given the complex legal and regulatory
framework surrounding this issue,a moratorium remains necessary until the Council can
adequately address the issues described herein;
AND WHEREAS,pursuant to RCW 36.70A.390 and 35A.63.220 a public hearing
must be held within sixty (60)days of the passage of this Resolution .
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAMAS,WASHINGTON as follows:
Section I
The City Council adopts the foregoing recital clauses herein as preliminary findings in
support of the moratorium imposed by this resolution.
Section II
Pursuant to the provisions of RCW 36.70A.390 and RCW 35A.63.220,a
zoning moratorium is hereby enacted prohibiting within the City of Camas,
the application for and the licensing,establishment,location,operation,
maintenance or continuation of any medical cannabis collective garden.
A "collective garden"is an area or garden where qualifying patients engage
in the production,cultivation,tending,processing,transporting and delivery
of cannabis for medical use as set forth in the Act and subject to the limitations
therein.
Section III
Collective gardens for the cultivation of cannabis as defined in Section
II are hereby designated as a prohibited use in the City of Camas.No building
permit,occupancy permit,or other development permit or approval shall be
issued for any of the purposes or activities listed in Section II and no business
license shall be issued to any person for a collective garden while this moratorium
is in effect.
Section IV
Pursuant to the provisions of RCW 36.70A.390 and RCW 35A.63.220,
a zoning moratorium is hereby enacted prohibiting within the City of Camas
the application for and the licensing,establishment,location,operation,
maintenance or continuation of any facility,program,or practice consisting of or
including the sale of medical marijuana,the provision or distribution of medical
marijuana to more than one person or the establishment of any medical marijuana
dispensary.A "medical marijuana dispensary"is hereby defined as any individual,
business,corporation,or entity which sells,distributes,or otherwise dispenses
cannabis to more than one qualifying patient in any fifteen (15)day period or to
any person who is not a qualifying patient under the terms of the Act.The receipt
of cash or legal tender in exchange for the delivery of cannabis shall be presumed
to be a sale.Any person or entity which sells,distributes,or otherwise dispenses
cannabis to more than one (1)qualifying patient in any fifteen (15)day period
shall be presumed to be a "medical marijuana dispensary".A medical marijuana
dispensary as defined herein is hereby designated as a prohibited use in the City
of Camas.No building permit,occupancy permit,or other development permit or
approval shall be issued for any of the purposes or activities listed herein and no
business license shall be issued to any person for a medical marijuana dispensary
while this moratorium is in effect.
Section V
No Nonconforming Uses.No use that constitutes or purports to be a
medical marijuana dispensary or medial marijuana collective garden as those
terms are defined in this resolution ,that was engaged in that activity prior to the
enactment of this resolution shall be deemed to have been a legally established
use under the provisions of the Camas Municipal Code and that use shall not be
entitled to claim legal nonconforming status.
Section VI
Public hearing.Pursuant to RCW36.70 A.390 and RCW 35A.63.220,the
City Council sets the Regular Meeting of September 6,2011 at 7:00 p.m.,as the
date and time for a public hearing on this moratorium.The City Clerk is directed
to cause appropriate notice of such hearing to be given.
Section VII
Severability.If any clause,sentence,paragraph,section,or part of this
resolution or the application thereof to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid,such order or
judgment shall be confined in its operation to the controversy in which it was
rendered and shall not effect or invalidate the remainder or any parts thereof to
any person or circumstances and to this end,the provisions of each clause,
sentence,paragraph,section or part of this law are hereby declared to be
severable.
Section VIII
Effective date and notice.The City Council hereby finds and declares that
an emergency exists and this is a matter of urgency which necessitates that this
Resolution become effective immediately in order to preserve the public health,
safety and welfare.The Resolution shall become effective immediately upon
passage.
ADOPTED at a regular meeting of the Council of the Crty of Camas this 18th day of July,
2011.4
SIGNED:
Mayor
/KATTEST:
Clerk
APPROVED as to fo
'iux
City Attorney