ellensburg 4611 agenda report on moratorium to public access centers
TRANSCRIPT
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8/2/2019 Ellensburg 4611 Agenda Report on Moratorium to Public Access Centers
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AGENDA REPORT
To: City Council
Thru: Ted Barkley, City Manager
From: Jim Pidduck, City Attorney
Subject: Proposed Ordinance No. 4611 Renewing and Extending an Emergency
Moratorium on the Licensing, Establishment and Operation of Medical
Marijuana Dispensaries for an Additional Six Months
Date: December 20, 2011
Summary: The attached proposed ordinance would renew and extend for an additional six
months through July 31, 2012, a moratorium within the City of Ellensburg on the licensing,
establishment and operation of medical cannabis dispensaries. The Ordinance has been drafted as
an emergency ordinance which would take effect immediately following the conduct of a public
hearing and upon passage by a majority vote plus one of the whole membership of the CityCouncil.
Background: On August 1, 2011, the City Council adopted Ordinance No. 4596, a six month
moratorium on medical marijuana dispensaries set to expire on January 31, 2012. The Ordinancewas passed in order to give the City time to determine whether medical cannabis dispensaries are
allowed by existing law, and if so, to determine whether the City should adopt any regulations
allowed by ESSSB 5073 on such dispensaries. The U.S. Department of Justice continues to view
activity involving the use of marijuana, whether for medical purposes or not, as potentially in
violation of the CSA, given that marijuana continues to be a Schedule I controlled substance
under federal law; in the past six months Washingtons top two U.S. Attorneys, Mike Ormsby
and Jenny Durkin, have both carried out raids of illegal drug operations in Washington state,
including a large number of medical marijuana dispensaries, making it clear the federalgovernment will take action against persons who are operating beyond the scope of allowed
activity under the states current medical marijuana laws.
Subsequent to the city councils adoption of Ordinance No. 4596, the state has taken little action
to resolve the issues involving medical marijuana; there is, however, draft state legislation being
developed which may address a number of such issues, and the governor has petitioned the U.S.Drug Enforcement Administration to reclassify marijuana as a Schedule 2 drug so it can be
prescribed and sold in pharmacies. Until the Washington State Legislature adopts regulations
addressing medical cannabis dispensaries, the City of Ellensburg does not know whether it must
adopt a comprehensive regulatory system for medical cannabis dispensaries or a lesser system toavoid preemption by state law.
Analysis and Findings: As a member of the AWC Risk Management Services Agency
insurance pool, Ellensburg is required to submit any proposed moratorium ordinance to Carol
Morris for review before adoption. However, in this instance the proposed ordinance has been
prepared under the guidance of Ms. Morris, who recommends the moratorium be renewed and
extended for an additional six months while more information is developed at the state and
federal levels. The Ordinance would preserve the status quo and give the City additional time to
determine whether medical cannabis dispensaries are allowed by existing law, and if so, to
determine whether the City should adopt appropriate regulations on such dispensaries. Renewal
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of the moratorium would also be a pro-active response to continuing legal uncertainty, in that it
will give the City time to consider the regulations adopted by other states on dispensaries, so that
it is ready with draft regulations if and when a new bill allowing dispensaries is passed by the
state legislature. Draft state legislation is being developed which may address a number of issues
involving medical marijuana and which may clarify cities authority to apply local regulations.
Duration of MoratoriumIf adopted, the moratorium renewal set forth in the attached Ordinance will be in effect for a
period of six months from the date the moratorium established by Ordinance No. 4596 was
initially set to expire, the result being the moratorium will continue in effect through July 31,
2012.
Public Hearing on Moratorium
RCW 35A.63.220 and RCW 36.70A.390 authorize Council to renew a moratorium for one or
more six month periods if a public hearing is held and findings of fact are made prior to each
renewal. Accordingly, the City Council should conduct a public hearing on the proposed
ordinance prior to its adoption. At its regular meeting on December 19, 2011, Council set
January 3, 2012 at 7:00 p.m. as the date and time for conducting the public hearing. Notice of the
public hearing has been published in accordance with law. The attached Ordinance containsfindings of fact in support of the moratorium and Council may in its discretion adopt additional
findings following the conclusion of the public hearing.
Declaration of Emergency The proposed Ordinance includes a Council declaration that anemergency exists necessitating that the 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). The Ordinance also includes a Council determination that
the moratorium must be imposed as an emergency measure to protect the public health, safety and
welfare. If adopted, the Ordinance would take effect and be in full force and effect immediately
upon passage, 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.
Recommendation: 1. Conduct the public hearing.
2. Consider adoption of Ordinance No. 4611.