935 Moritorium Marijuana DispensariesCITY OF YELM
ORDINANCE NO. 935
AN ORDINANCE of the City of Yelm, Washington, relating to the
dispensing of medical marijuana or cannabis, establishing an immediate
emergency moratorium on the licensing, establishment and operation of
Medical Marijuana Dispensaries, to be in effect until the Washington State
Legislature adopts Engrossed Senate Substitute Senate Bill 5073,
regulating Medical Marijuana Dispensaries, or the City of Yelm adopts its
own regulations addressing Medical Marijuana Dispensaries, establishing
six months as the tentative effective period of the moratorium until the City
Council public hearing on the continued maintenance of the moratorium,
establishing the date of the public hearing, and declaring an emergency
necessitating the adoption of a moratorium.
WHEREAS, on November 3, 1998, Washington voters approved Initiative 692,
the Medical Use of Marijuana Act (the "Act"), which created an affirmative defense to
the violation of state laws relating to marijuana, if the individual possesses it for
medicinal purposes; and
WHEREAS, the Act allows qualifying patients, or their designated providers, to
establish the defense if they only possess the amount of marijuana necessary for their
personal use and if they present valid documentation to law enforcement officers; and
WHEREAS, qualifying patients may grow medical marijuana for themselves or
designate a provider to grow on their behalf, but designated providers may only provide
medical marijuana to one patient; and
WHEREAS, qualifying patients and their designated providers are limited to
possession of an amount of marijuana that is necessary for the patient's personal
medical use, and not exceeding fifteen (15) plants and twenty-four (24) ounces of
useable marijuana; and
WHEREAS, there currently is no state-wide system for the regulation of medical
marijuana dispensaries, and in fact, the Washington State Department of Health has
opined that the law does not allow medical marijuana dispensaries; and
WHEREAS, medical marijuana dispensaries have opened in many local
jurisdictions, and are operating with or without a business license; and
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WHEREAS, the Washington State Legislature is currently considering Senate Bill
5073, which clarifies the legal status of medical marijuana dispensaries and collective or
co-operative grow operations; and
WHEREAS, in Engrossed Second Substitute Senate Bill 5073, it appears that the
Legislature is contemplating the establishment of requirements for the licensure of
dispensers, determining expiration dates and renewal requirements; providing for
mandatory inspections of licensed dispensers' locations, establishing procedures
governing the suspension and revocation of licenses of dispensers, establishing safety
standards, storage requirements, license application and renewal fees, providing
penalties for violations, etc.; and
WHEREAS, in ESSSB 5073, it also appears that the Legislature is contemplating
a regulation which provides that "a licensed dispenser may not sell cannabis in any city,
county or town without first being authorized to do so by the city, county or town
legislative authority; and
WHEREAS, at this point in time, the City of Yelm does not have any regulations
addressing Medical Marijuana Dispensaries, other than the requirement for a general
business license, which the Washington State Legislature acknowledges are
inadequate for this type of operation, given that the Legislature is considering the type
of comprehensive licensing and regulatory system described in ESSSB 5073; and
WHEREAS, a review of ordinances adopted by other cities in states that have
adopted similar initiatives allowing the medical use of marijuana discloses that
separation requirements have been imposed (for example, the dispensary can't be
located within 1,000 feet of a school), exterior building lighting and parking area lighting
requirements are imposed, the dispensary must be monitored at all times by a web-
based closed-circuit N for security purposes; a burglar alarm is required, hours of
operation are imposed, etc. (see, Ordinance 181069, adopted by the City of Los
Angeles California, on January 26, 2010), or zoning classifications are adopted,
together with business licensing requirements relating to background checks for the
criminal history of the operators, and prohibitions on the sale of drug paraphernalia, etc.
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(see, Ordinance No. 5449, adopted by the City of Santa Barbara, adopted March 28,
2008); and
WHEREAS, until the Washington State Legislature decides whether to adopt
ESSSB 5073, the City of Yelm does not know whether it must adopt a comprehensive
regulatory system for medical marijuana dispensaries or a lesser system (to avoid
preemption by state law); and
WHEREAS, the Yelm City Council therefore believes a moratorium to preserve
the status quo is necessary, until the Washington State Legislature acts on ESSSB
5073 is necessary, and if ESSSB 5073 is not adopted or is adopted without a
comprehensive regulatory system for medical marijuana dispensaries, or until the Yelm
City Council can draft, consider and adopt the appropriate regulations; and
WHEREAS, Section 36.70A.390 Revised Code of Washington authorizes the
City Council to adopt an immediate moratorium for a period of up to six months without
holding a public hearing on the proposal provided that a public hearing is held within at
least sixty days of its adoption,
WHEREAS, the City Council desires to impose an immediate six month
moratorium on the acceptance of any business license application or development
permit application for the siting or operation of any medical marijuana or cannabis
dispensary; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF YELM DOES ORDAIN AS FOLLOWS:
SECTION 1. Definitions.
A. "Cannabis or Marijuana" 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 Ordinance, "cannabis" or "marijuana"
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 seek of the plant which is
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incapable of germination. The term "cannabis" or "marijuana" includes cannabis
products and usable cannabis.
B. "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."
C. "Designated provider" means a person who is:
1. eighteen years or older;
2. has been designated in a written document signed and dated by a
qualifying patient to serve as a designated provider under this Ordinance;
3. is in compliance with the terms and conditions set forth in RCW
69.51 A.040.
D. "Dispense" means the selection, measuring, packaging, labeling, delivery, or
retail sale of cannabis, cannabis products or marijuana to a qualifying patient or
designated provider.
E. "Medical marijuana dispensary" is hereby defined as any individual, business,
corporation or other entity which:
1. sells or otherwise dispenses marijuana cannabis or cannabis products to
more than one "qualifying patient" in any thirty (30) day period or to any
person who does not meet the definition of "qualifying patient" under the
terms of the Act, or
2. maintains more than one one-month supply of marijuana, cannabis or
cannabis products for one qualifying patient on the premises at any time,
or
3. provides for the cultivation of more than 15 marijuana or cannabis plants
by collective or cooperative ventures at a location.
The receipt of cash or other legal tender in exchange for, contemporaneously
with or immediately following the delivery of marijuana or cannabis or cannabis
products, shall be presumed to be a sale. Any person or entity which sells or
otherwise dispenses marijuana to more than one person and/or qualifying patent
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in any thirty (30) day period or cultivates marijuana for more than one person
and/or qualifying patient, shall be presumed to be a "medical marijuana
dispensary."
F. "Medical use of cannabis or marijuana" means the manufacture, production,
processing, possession, transportation, delivery, dispensing, ingestion,
application or administration of cannabis or marijuana for the exclusive benefit of
a qualifying patient in the treatment of his or her terminal or debilitating medical
condition.
G. "Qualifying patient" means a person who:
1. is a patient of a health care professional;
2. has been diagnosed by that health care professional as having a terminal
or debilitating medical condition;
3. is a resident of the State of Washington at the time of such diagnosis;
4. has been advised by that health care professional that he or she may
benefit from the medical use of marijuana or cannabis.
Section 2. Purpose. The purpose of this moratorium is to allow the Washington State
Legislature adequate time to act on a comprehensive regulatory system for the licensing
and operation of medical marijuana or cannabis dispensaries, and to provide clear
guidance to local jurisdictions (like the City of Yelm) as to the proper scope of their
authority within this system. Alternatively, if the Washington State Legislature does not
adopt such a comprehensive regulatory system, the City of Yelm believes that it needs
adequate time to study the issue and determine whether its regulations need to be
amended in order to address medical marijuana dispensaries, and to adopt those
regulations.
Section 3. Moratorium Imposed. The City Council imposes an immediate six-month
moratorium on the operation of any medical marijuana dispensary as defined in section
1 E of this Ordinance.
Section 4. Duration of Moratorium. The moratorium imposed by this Ordinance shall
commence on the date of the adoption of this Ordinance. As long as the City holds a
public hearing on the moratorium and adopts findings and conclusions in support of the
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moratorium (as contemplated by Section 5 herein), the moratorium shall not terminate
until six (6) months after the date of adoption, or at the time all of the events described
in Section 2 have been accomplished, whichever is sooner. The Council shall make the
decision to terminate the moratorium by ordinance, and termination shall not otherwise
be presumed to have occurred.
Section 5. Public Hearing on Moratorium. Pursuant to RCW 36.70A.390 and RCW
35A.63.220, the City Council shall hold a public hearing on this moratorium within sixty
(60) days of its adoption, or before May 11, 2011. The Council hereby schedules this
hearing for April 26, 2011. During the next Council meeting immediately following, the
City Council shall adopt findings of fact on the subject of this moratorium and either
justify its continued imposition or cancel the moratorium.
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this Ordinance.
Section 7. Declaration of Emergency The City Council hereby declares that an
emergency exists necessitating that this Ordinance take effect immediately upon
passage by a majority vote plus one of the whole membership of the Council, and that
the same is not subject to a referendum (RCW 35A.12.130). Without an immediate
moratorium on the City's acceptance of non-exempt development applications or non-
exempt business licenses, such applications could become vested or the operation of
the business could become otherwise allowed, leading to development or operation of a
use that is incompatible with the laws eventually adopted by the Washington State
Legislature or the City of Yelm. Therefore, the moratorium must be imposed as an
emergency measure to protect the public health, safety and welfare, and to prevent the
submission of a flood of applications to the City in an attempt to vest rights for an
indefinite period of time. This Ordinance does not affect any existing vested rights. Any
use in operation as a medical marijuana or cannabis dispensary without a valid Yelm
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business license on the date of the passage of this Ordinance is not a legal non-
conforming use.
Section 8. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 9. Effective Date. This Ordinance shall take effect and be in full force and
effect immediately upon passage, as set forth herein, as long as it is approved by a
majority plus one of the entire membership of the Council, as required by RCW
35A.12.130.
PASSED by the City Councilof Yelm this 22"d day of March, 2011.
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Ron Harding, Mayor
AUTHENTICATED:
J. ine Schne f, City CI rk.
APPROVED AS TO FORM:
Office of the City Attorney
Brent Dille, City Attorney
PUBLISHED: Nisqually Valley News, April 1, 2011
EFFECTIVE DATE: March 22, 2011
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