(a)

Whereas, since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule I drug, based on the federal government's categorization of marijuana as having a "high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment" Gonzales v. Raich, 545 US 1, 14 (2005), Controlled Substance Act (CSA), 84 Stat. 1242, 21 USC 801 et seq.; and

(b)

Whereas, the voters of the state approved Initiative 692 (codified as RCW 69.51A in November 1998);

(c)

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 69.51A.005), but that nothing in the law "shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale or use of marijuana for non-medical purposes" (RCW 69.51A.020);

(d)

Whereas, the state legislature passed ESSSB 5073 in 2011, which directed employees of the state departments of health and agriculture to authorize and license commercial businesses that produce, process or dispense cannabis;

(e)

Whereas, this bill required that the department of health develop a secure registration system for licensed producers, processors and dispensers, but these provisions, together with many others relating to dispensaries and definitions, were vetoed by the governor;

(f)

Whereas, the governor also vetoed all of the provisions relevant to medical marijuana dispensaries in ESSSB 5073;

(g)

Whereas, on March 31, 2014, the state court of appeals issued an opinion in Cannabis Action Coalition v. Kent, 322 P.2d 1246 (2014), that "collective gardens are not legal activity," upholding the City of Kent's ban on medical marijuana uses;

(h)

Whereas, the state voters approved Initiative 502 (I-502) in 2012, which authorized the liquor control board to regulate and tax marijuana for persons 21 years of age and older, and adds a new threshold for driving under the influence of marijuana;

(i)

Whereas, I-502 decriminalizes, for purposes of state law, the production, manufacture, processing, packaging, delivery, distribution, sale or possession of marijuana, as long as such activities are in compliance with I-502;

(j)

Whereas, the state liquor control board also adopted rules to implement I-502, which include, among other things, provided for:

(1)

The state licensing of premises where marijuana is produced and processed, and the inspection of same;

(2)

Methods of producing, processing, and packaging the marijuana and marijuana products;

(3)

Security requirements at such establishments;

(4)

Retail outlet locations and hours of operation;

(5)

Labeling requirements and restrictions on advertising of such products; licensing and licensing renewal rules;

(6)

The manner and method to be used by which licensees may transport and deliver marijuana and marijuana products;

(k)

Whereas, on August 29, 2013, the US Department of Justice (DOJ) issued a memorandum to all United States attorneys, acknowledging that several states had adopted laws authorizing marijuana production, distribution and possession by establishing a regulatory scheme for these purposes;

(l)

Whereas, in this memo, the DOJ advised that in recent years, the DOJ has "focused its efforts on certain law enforcement priorities that are particularly important to the federal government," such as:

(1)

Preventing the distribution of marijuana to minors;

(2)

Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;

(3)

Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;

(4)

Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;

(5)

Preventing violence and the use of firearms in the cultivation and distribution of marijuana;

(6)

Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;

(7)

Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and

(8)

Preventing marijuana possession or use on federal property; and

(m)

Whereas, in this memo, the DOJ warned that "[i]f state enforcement efforts are not sufficiently robust to protect against the harms [identified above], the federal government may seek to challenge the regulatory structure itself in addition to continuing to bring individual enforcement actions, including criminal prosecutions, focused on those harms";

(n)

Whereas, in this memo, the DOJ warned that a regulatory system adequate to this task "must not only contain robust controls and procedures on paper, it must also be effective in practice";

(o)

Whereas, in this memo, the DOJ advised that "in exercising prosecutorial discretion, prosecutors should not consider the size or commercial nature of a marijuana operation alone as a proxy for assessing whether marijuana trafficking implicates the Department's enforcement priorities [listed above]" and that federal prosecutors "should continue to review marijuana cases on a case-by-case basis and weigh all available information and evidence, including, but not limited to, whether the operation is demonstrably in compliance with a strong but effective state regulatory system";

(p)

Whereas, on January 16, 2013, the state attorney general's office issued an opinion, which determined that local governments may decide to either zone or ban recreational marijuana uses within their jurisdictions;

(q)

Whereas, the Washington State Legislature adopted SESSHB 2136, effective July 24, 2015, which renamed the liquor control board as the cannabis control board (CCB)and recognized that local jurisdictions may prohibit marijuana producers, processors and retailers by providing sales tax distributions to those local jurisdictions which do not prohibit such uses;

(r)

Whereas, as part of its compliance with the State Environmental Policy Act (SEPA) for the adoption of the rules for recreational marijuana regulation, the state adopted one report on the environmental impacts associated with the cultivation of marijuana, and the city is not aware of any other analyses performed by the state or any other entity to determine the environmental or secondary land use impacts that a proliferation of medical and recreational marijuana uses would have on towns, cities and counties in the state;

(s)

Whereas, nothing indicates that the CCB will perform any additional analyses under SEPA to determine the significant adverse environmental impacts associated with any individual licensee's operation of a marijuana business;

(t)

Whereas, the Rocky Mountain High Intensity Drug Trafficking Area issued a report entitled: "The Legalization of Marijuana in Colorado - the Impact," in August of 2014;

(u)

Whereas, in this Colorado report, it is noted that, as of June 19, 2014, 36 counties prohibited recreational marijuana businesses, eight counties have a moratorium or temporary ban on recreational marijuana businesses, 174 cities have prohibited recreational marijuana and 45 cities have a moratorium on recreational marijuana businesses;

(v)

Whereas, the city plans under the Growth Management Act ("GMA," chapter 36.70A RCW), and is required to perform SEPA prior to adopting any comprehensive plan or development regulations;

(w)

Whereas, given that the city has no environmental information upon which to make any determinations relating to marijuana uses, such as the traffic associated with retail outlets or the water demand for processors, the city must collect the same from either the experiences of other areas or by empirical knowledge (after the use has located in the city and the impacts are known);

(x)

Whereas, the city intends to take careful, deliberate steps to evaluate marijuana uses, and to perform the environmental analysis that the state omitted;

(y)

Whereas, the city acknowledges that it has not budgeted any funds for the implementation of any medical marijuana enforcement scheme that could satisfy the DOJ's enforcement priorities;

(z)

Whereas, based on the above, the city council therefore believes that adoption of a zoning and business licensing ordinance banning all marijuana uses, is necessary to preserve the status quo, until the city council can study, draft, hold public hearings and adopt the appropriate regulations (if any) to address these new uses;

(aa)

Whereas, Washington voters approved Initiative 502 (I-502) in 2012, which, among other provisions, legalized certain levels of possession of marijuana along with the production, processing, and retail sales of marijuana and directed the Washington State Liquor Cannabis Board (WSLCB) to promulgate rules for the issuance of licenses by the WSLCB to such producers, processors, and retailers;

(bb)

Whereas, the WSLCB adopted rules pertaining to licensing of the producers, processors, and retailers, promulgated at WAC 314-55;

(cc)

Whereas, the state attorney general issued an advisory opinion in January 2014 that states municipalities can prohibit state-licensed marijuana business within a city's boundaries or impose zoning and other land use regulations pertaining to such businesses;

(dd)

Whereas, on July 2, 2012, the city council approved Ordinance No. 2012-05, imposing a moratorium on marijuana uses;

(ee)

Whereas, on January 23, 2014, the city council approved Ordinance No. 2014-02, imposing a moratorium on marijuana uses;

(ff)

Whereas, on July 10, 2014, the city council approved Ordinance No. 2014-16, imposing a moratorium on marijuana uses;

(gg)

Whereas, on January 8, 2015, the city council approved Ordinance No. 2015-01, imposing a moratorium on marijuana uses;

(hh)

Whereas, on June 25, 2015, the city council approved Ordinance No. 2015-05, imposing a moratorium on marijuana uses;

(ii)

Whereas, in 2015 the legislature passed Second Substitute Senate Bill 5052 (SSSB 5052), which provided for a phase-out of collective gardens by July 1, 2016 and authorized cooperatives, as defined (effective July 24, 2015);

(jj)

Whereas, after the planning committee issued its recommendation, the legislature passed Second Engrossed Second Substitute House Bill 2136 (SESSHB 2136), effective July 24, 2015, which provides for sales tax distributions to jurisdictions that do not prohibit marijuana producers, processors, or retailers and also includes language acknowledging a local jurisdiction's right to prohibit or place additional restrictions on the location of cooperatives within the jurisdiction;

(kk)

Whereas, on November 13, 2015, the planning committee held a public hearing to consider the ordinance from which this chapter is derived and issued its recommendation to the city council on November 19, 2015;

(ll)

Whereas, the SEPA responsible official issued a determination of nonsignificance on this ordinance on September 24, 2015;

(mm)

Whereas, the city council considered the ordinance from which this chapter is derived in a regular public meeting on November 19, 2015; and

(nn)

Whereas, after consideration of the recommendation of the planning committee, the information provided by staff and public testimony, the city council deems it to be in the public interest to adopt Ordinance No. 2015-08 and prohibit all marijuana land uses in the city to protect the health, safety and welfare of citizens of the city.

(Ord. No. 2015-08, preamble, 11-19-2015)

In support of the actions taken by this chapter, the city council hereby adopts the following as findings and conclusions the recitals set forth above and the following:

(1)

Marijuana remains illegal under federal law. A memorandum issued by the US Attorney General's office on August 29, 2013 did not change the law, but only announced the decision of the US Attorney's Office to exercise prosecutorial discretion with regard to enforcement of the federal law within the states of Colorado and Washington. The US Attorney's Office reserved the power to prosecute in any instance where it felt the efforts of the states fell short of "robust regulation," where a threat exists for the illegal distribution to minors, or where a threat of interstate distribution of marijuana was encountered.

(2)

The state constitution at article 11, section 11, grants the city authority to enact legislation regulating land uses within its jurisdiction so long as such local legislation is consistent with the general laws.

(3)

Nothing in Initiative 502 decriminalizing certain possession, use and delivery of specified amounts of marijuana and authorizing the state liquor cannabis board to develop and implement regulations for the licensing of marijuana production, processing and retailing expressly or impliedly preempts the city from exercising its land use regulatory authority, including the ban of marijuana production, processing and retailing within city limits.

(4)

Nothing in RCW 69.51.A—Medical Use of Cannabis Act—expressly or impliedly preempts the city from exercising its land use regulatory authority, including the prohibition of collective gardens.

(5)

SESSHB 2136, effective July 24, 2015, recognizes a city's authority to prohibit cooperatives within its jurisdiction.

(6)

Initiative 502 (codified in chapter 69.50 RCW), chapter 69.51A RCW, SSSB 5052 and SESSHB 2136 do not require any city to allow the location of any marijuana production, processing or retailing facility, collective garden, or cooperatives within its jurisdiction. The city retains jurisdiction under the state constitution and state law to adopt and enforce land use regulations intended to preserve and promote the general health, safety and welfare of its community.

(7)

Prohibiting the growth, production, processing and retailing of marijuana as set forth in Initiative 502, collective gardens as set forth in RCW 69.51A , and cooperatives under SSSB 5052 is not intended to regulate the individual use of marijuana as authorized by Initiative 502 and RCW 69.51A.

(Ord. No. 2015-08, § 1, 11-19-2015)

The council adopts all of the "whereas" provisions of section 27.64.010 as findings to support this ban on medical marijuana, as well as the following:

(1)

The purpose of this chapter is to enact a ban on all medical and recreational uses, including medical marijuana dispensaries, medical marijuana collective gardens, medical marijuana cooperatives (including those defined in RCW 69.51A), individual cultivation of marijuana, recreational marijuana production, processing and retailing, including those recreational marijuana businesses licensed by the state liquor/cannabis control board.

(2)

The city council also acknowledges that the state has not performed any environmental analyses that will assist cities, towns and counties in the adoption of local regulations addressing marijuana uses, or the environmental impacts associated with individual recreational marijuana businesses. As a result, municipalities must therefore either develop their own analyses or observe these impacts after-the-fact (or, after the marijuana uses locate and begin operations in cities, towns and counties throughout the state) in order to gather data. Then, the municipalities will be required to "fix" the problems stemming from these uses with their already scarce resources.

(3)

It is also the purpose of this chapter to stem the negative impacts and secondary effects associated with all marijuana uses, whether medical or recreational, including, but not limited to, the extraordinary and unsustainable demands that have been or will be placed upon scarce city policing, legal, policy and administrative resources; neighborhood disruption, increased transient visitors and intimidation; the exposure of school-age children and other sensitive residents to marijuana, illegal sales to both minors and adults; fraud in issuing, obtaining or using marijuana prescriptions and murders, robberies, burglaries, assaults, drug trafficking and other violent crimes.

(4)

No part of this chapter is intended to or shall be deemed to conflict with federal law, including, but not limited to, the Controlled Substances Act, 21 USC section 800 et seq., the Uniform Controlled Substances Act (RCW 69.50), nor to otherwise permit any activity that is prohibited under either act, or any other local, state or federal law, statute, rule or regulation. This chapter is not intended to address or invite litigation over the question of whether the state marijuana laws (or this city's marijuana laws) satisfy the federal government's enforcement priorities. Nothing in this chapter shall be construed to supersede state law prohibiting the acquisition, possession, manufacture, sale or use of medical cannabis/marijuana or recreational marijuana in any manner not authorized by RCW 69.51A or RCW 69.50. Nothing in this chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein. In sum, it is the intention of the city council that this chapter be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass.

(Ord. No. 2015-08, § 3(20.08.010), 11-19-2015)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cannabis means all parts of the plant cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For the purposes of this chapter, the term "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term "cannabis" includes cannabis products and useable cannabis.

Cannabis products means products that contain cannabis or cannabis extracts, have a measurable THC concentration greater than three-tenths of one percent, and are intended for human consumption or application, including, but not limited to, edible products, tinctures, and lotions. The term "cannabis products" does not include useable cannabis. The definition of "cannabis products" as a measurement of THC concentration only applies to the provisions of this chapter and shall not be considered applicable to any criminal laws related to marijuana or cannabis.

Collective garden means those gardens mentioned in RCW 69.51A.085.

Cooperative means a cooperative formed by no more than four qualifying patients or designated providers, meeting the definition in RCW 69.51A.

Cultivation means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.

Deliver or delivery means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.

Dispensary, medical marijuana, means any location that does not meet the definition of a "collective garden" and does not have a license from the state liquor control board for a marijuana producer, processer or retailer pursuant to I-502, where medical cannabis or marijuana is processed, dispensed, selected, measured, compounded, packaged, labeled or sold. The term "dispensary, medical, marijuana" also includes any vehicle or other mode of transportation, stationary or mobile, which is used to transport, distribute, deliver, sell, barter, trade or give away medical cannabis or marijuana.

Dispense means the interpretation of a prescription or order for medical cannabis, and pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare the prescription or order for delivery.

Marijuana means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. For the purposes of this chapter, the terms "cannabis" or "marijuana" do not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

Marijuana-infused products means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana-infused products" does not include useable marijuana.

Marijuana, usable, means dried marijuana flowers. The term "usable marijuana" does not include marijuana-infused products.

Medical (or medicinal) use of cannabis or marijuana means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(r).

Person means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision of agency or any other legal or commercial entity.

Plant means an organism having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant.

Process means to handle or process cannabis in preparation for medical or recreational use.

Processer, marijuana, means a person licensed by the state liquor/cannabis control board to process marijuana into useable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products as wholesale to marijuana retailers.

Produce or production means to manufacture, plant, grow or harvest cannabis or marijuana.

Producer, marijuana, means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

Qualifying patient means a person who:

(a)

Is a patient of a health care professional;

(b)

Has been diagnosed by that health care professional as having a terminal or debilitating medical condition;

(c)

Is a resident of the state of Washington at the time of such diagnosis;

(d)

Has been advised by that health care professional about the risks and benefits of the medical use of cannabis;

(e)

Has been advised by that health care professional that they may benefit from the medical use of cannabis;

(f)

(i)

Has an authorization from his or her health care professional; or

(ii)

Has been entered into the medical cannabis authorization database and has been provided a recognition card; and

(g)

Is otherwise in compliance with the terms and conditions established in RCW chapter 69.51A.

Qualifying patient does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of RCW chapter 69.51A are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.

Retail outlet means a location licensed by the state liquor/cannabis control board for the retail sale of useable marijuana and marijuana-infused products.

Retailer, marijuana, means a person licensed by the state liquor/cannabis control board to sell usable marijuana and marijuana-infused products in a retail outlet.

(Ord. No. 2015-08, § 3(20.08.020), 11-19-2015; Ord. No. 2024-11, § 1, 12-4-2024)

(a)

It is unlawful to own, establish, site, operate, use or permit the establishment or operation of a medical marijuana dispensary, medical marijuana collective garden, medical marijuana cooperative. It is also unlawful to produce, process or sell recreational marijuana, and this prohibition extends to recreational marijuana producers, processors and retailers licensed by the state. This prohibition applies to any person who participates as an employee, contractor, agent or volunteer, or in any other manner or capacity in any marijuana business, regardless of whether it has a license from the state.

(b)

It is unlawful to perform any group marijuana cultivation activities anywhere in the city. It is further unlawful to perform any individual marijuana cultivation activities anywhere in the city, unless such individual is a qualifying patient or designated provider authorized under RCW 69.51A.210 as follows:

(1)

A qualifying patient or designated provider with an authorization from a health care professional that has not been registered in the medical cannabis authorization database, may grow, in his or her domicile away from public view, up to four plants for personal medical use and possess up to six ounces of useable cannabis in his or her domicile.

(2)

A qualifying patient or designated provider who is registered in the medical cannabis authorization database and has a recognition card, may grow, in his or her domicile away from public view, up to six plants for personal medical use and possess up to eight ounces of useable cannabis produced from his or her plants. A health care professional may authorize up to 15 plants depending on medical needs of the qualifying patient, and such qualifying patient may possess up to 16 ounces of useable cannabis in his or her domicile.

(3)

No more than 15 plants may be grown or located in any one housing unit even if multiple qualifying patients or designated providers reside in the housing unit, except for registered medical cannabis cooperatives established pursuant to RCW 69.51A.250.

(c)

It is unlawful to lease, rent or otherwise allow the operation of any medical marijuana dispensary, medical marijuana collective garden, medical marijuana cooperative, recreational marijuana production, processing or retailing business, whether it is located outdoors, indoors, in any building, structure, premises, location or land in the city and regardless of whether the activity has been licensed by the state.

(d)

The city shall not issue any business license for any medical marijuana or recreational marijuana businesses. Any business license obtained in error or through misrepresentation of the activities conducted by the individual business shall be invalid and of no force and effect.

(Ord. No. 2015-08, § 3(20.08.030), 11-19-2015; Ord. No. 2024-11, § 2, 12-4-2024)

The use of any building, structure, location, premises or land for a medical marijuana dispensary, medical marijuana collective garden, medical marijuana cooperative, recreational production, processing or retailing is not currently allowed in the city, and such uses and activities are not permitted uses in any zone. So long as this chapter remains in effect, the city shall not determine either through interpretation or otherwise, that the use of any building, structure, location, premises or land for one of these prohibited uses may be permitted in any zone.

(Ord. No. 2015-08, § 3(20.08.040), 11-19-2015)

Neither this chapter nor any other city ordinance, city action, failure to act, statement, representation, certificate, approval, or permit issued by the city or its departments, or their respective representatives, agents, employees, attorneys or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding any medical marijuana business, collective garden, cooperative or recreational marijuana producer, processor or retailer, even if licensed by the state.

(Ord. No. 2015-08, § 3(20.08.050), 11-19-2015)

Any violations of this chapter may be enforced as set forth in title 19 (Code Enforcement) of this Code, or as applicable, the Uniform Controlled Substances Act, RCW 69.50. In addition, violations of this chapter may be deemed to be a public nuisance and may be abated by the city under the procedures set forth in state law for the abatement of public nuisances.

(Ord. No. 2015-08, § 3(20.08.060), 11-19-2015)