ORD 14-776ORDINANCE NO. 14 -776
AN ORDINANCE of the City of Federal Way, Washington, renewing the
moratorium imposed by Ordinance 13 -749 on marijuana collective
gardens and other related activities involved in the sale, manufacturing,
or distribution of marijuana for six months.
WHEREAS, on November 5, 2013 the City of Federal Way City Council passed Ordinance
No. 13 -749 imposing a one year moratorium on marijuana collective gardens and other activities
involved in the sale, manufacturing, or distribution of marijuana that will expire on November 5,
2014; and
WHEREAS, the Washington State Liquor Control Board recreational marijuana rules do not
affect local zoning and building regulations, but do place location restrictions on recreational
marijuana businesses that will need to be monitored by the City; and
WHEREAS, the Washington State Liquor Control Board allotted three (3) retail
establishments within the City of Federal Way
WHEREAS, the Legislature passed E2SSB 5073, effective July 22, 2011, that amended the
Medical Cannabis Act, RCW Chapter 69.51 A, allows marijuana to be grown in "collective gardens"
and for the purpose of producing, processing, transporting and delivering marijuana for medical use
subject to certain conditions; and
WHEREAS, E2SSB 5073 allows the City to regulate medical marijuana by enacting zoning,
licensing and/or health and safety requirements; and
WHEREAS, Initiative 502 directed the Washington State Liquor Control Board to develop a
program for recreational marijuana producers, processors and retailers; and
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WHEREAS, the Liquor Control Board has not addressed E2SSB 5073 with the regulations
for Initiative 502 recreational marijuana; and
WHEREAS, the City does not have any land use regulations regarding "collective gardens"
under E2SSB 5073 and the impacts of Initiative 502 on "collective gardens" is unknown.
WHEREAS, the authority of a city to regulate and ban medical marijuana collective gardens
is currently pending before the Washington State Supreme Court; and
WHEREAS, marijuana is a schedule I controlled substance and the growing, distribution and
possession of marijuana is a violation of Federal law; and
WHEREAS, on August 29, 2013, the Department of Justice issued a memorandum that
implies the federal government will not interfere with state and local marijuana regulations provided
that those regulations implement a strong and effective regulation and enforcement system that
contains robust controls and procedures on paper and that is effective in practice as evidence by
providing necessary resources and enforcement actions to address certain federal government
concerns; and
WHEREAS, in order to address the federal government's concerns it is anticipated that the
City will need to take an active role in providing necessary resources and enforcement; and
WHEREAS, the City will receive no additional funding from the state to provide necessary
resources and enforcement; and
WHEREAS, under the business regulations in Federal Way Revised Code 12.05, marijuana
related business are currently prohibited from operating in the City as they violate Federal law; and
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WHEREAS, in order to address Initiative 502 and E2SSB 5073, it is anticipated that
additional amendments will need to be made to the City's zoning, business and public safety
regulations; and
WHEREAS, the City is concerned that collective gardens and medical dispensaries could
become established in the City that are inconsistent with or conflict with future regulation schemes;
and
WHEREAS, the Council has determined that it is in the public interest to extend the
moratorium to evaluate and, if necessary, enact regulations in response to Initiative 502 and E2SSB
5073 and Department of Justice guidance; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a
moratorium; and
WHEREAS, the renewal of this moratorium is exempt from the requirements of a threshold
determination under the State Environmental Policy Act;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings of fact:
(a) The foregoing whereas provisions are adopted as findings of fact.
(b) The renewal of the moratorium is necessary to preserve the status quo until the City
adopts appropriate zoning, health safety, and /or licensing regulations; and to insure that the
regulations comply with the law.
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Section 2. Moratorium Renewed. The moratorium established pursuant to Ordinance 13-
749 imposing a one year moratorium on marijuana collective gardens and other activities involved in
the sale, manufacturing, or distribution marijuana to include retailers of recreational marijuana is
renewed for an additional six months to expire May 5, 2015.
Section 3. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance,
or the invalidity of the application thereof to any person or circumstance, shall not affect the validity
of the remainder of the ordinance, or the validity of its application to any other persons or
circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 21 st day of October, 2014.
CITY OF FEDE WAY
(a M ,06R, JBCFERRELL
A TEST:
ITY LERK, STEPHANIE a RTNEY, CMC
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APPROVED AS TO FORM:
CITY AT NEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
10/21/2014
10/21/2014
10/24/2014
11/23/2014
14 -776
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