RES 1251RESOLUTION NO./£5 /
A RESOLUTION relating to the establishment of medical
marijuana collective gardens as otherwise provided by ROW
Chapter 69.51 A .
WHEREAS,since 1970,federal law has prohibited the manufacture and possession of
marijuana as a Schedule I drug;and
WHEREAS,the voters of the State of Washington approved Initiative 692 (codified as
RCW 69.51 A in November 1998);and
WHEREAS,the intent of Initiative 692 was that qualifying “patients with terminal or
debilitating illnesses who,in the judgment of their physicians,would benefit from the medical
use of marijuana ,shall not be found guilty of a crime under state law ,”(RCW 69.51 A .005);and
WHEREAS,the Washington State Legislature passed ESSSB 5073 in 2011 ,which
provides that a qualifying patient or his/her designated care provider are presumed to be in
compliance,and not subject to criminal or civil sanctions/penalties/consequences,if they possess
no more than 15 cannabis plants,no more than 24 ounces of usable cannabis (other qualifications
apply);and
WHEREAS,Washington ’s Governor vetoed all of the provisions relevant to medical
marijuana dispensaries in ESSSB 5073 but left the provisions relating to cultivation of marijuana
for medical use by qualified patients individually and in collective gardens ;and
WHEREAS,RCW 69.51A.130 allows local jurisdictions to adopt 2oning requirements,
business license requirements,health and safety requirements,and impose business taxes on the
production,processing or dispensing of cannabis or cannabis products;and
WHEREAS,the City adopted Resolution 1218 imposing a moratorium on medical
marijuana collective gardens dispensaries it was predicted that the Washington State Legislature
would address the subject dunng the 2012 Legislative Session;and
WHEREAS,the City adopted Resolution 1226 on January 17,2012,which extended said
moratorium adopted by Resolution 1218 for an additional six months;and
WHEREAS,based on experiences from other jurisdictions,there is significant increase in
criminal activity surrounding marijuana-related activities,regardless of local,state,or federal
legal status;and
WHEREAS,the U S.Department of Justice,Drug Enforcement Agency through a letter
dated January 17,2012 to the Board of Clark County Commissioners has put on local
jurisdictions on notice that anyone who knowingly carries out the medical marijuana activities
contemplated by Washington state law,as well as anyone who facilitates such activities,or
conspires to commit such violations,is subject to criminal prosecution as proscribed under the
controlled substances act ;and
WHEREAS,the Washington State Legislature did not adopt any new regulations on
medical marijuana;and
WHEREAS ,the City has previously adopted Camas Municipal Code Section 18.07.010 -
Establishment of Uses;and
WHEREAS,per Camas Municipal Code Section 18.07.010,the applicable requirements
of the code,or other applicable state or federal requirements,shall govern uses located within the
City of Camas;and
WHEREAS,given the position in which the City has been placed as between state and
federal law,the City has chosen to affirm the provisions of CMC 18.07.010 regarding resolution
of conflicts between applicable state or federal requirements as the City’s official position on this
matter;
NOW ,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAMAS AS FOLLOWS:
SECTION I
The provisions of Camas Municipal Code Section 18.07.010,as relates to the application
of state or federal requirements to uses within the City,are hereby adopted as the City’s official
position as to resolution of any conflicts associated with the establishment of medical marijuana
collective gardens within the City of Camas.
ADOPTED at a regular meeting of the Council of the City of Camas this ffo day of
September,2012.uSIGNED:A/^Mayor
ATTEST:
Clerk
s to form :APP
City Attorney