ORD 15-787 - Establishing Moratorium on Medical Marijuana-Related Businesses ORDINANCE NO. 15-787
AN ORDINANCE of the City of Federal Way, Washington, imposing
a one year moratorium on medical marijuana-related businesses,
collective gardens, dispensaries, and other activities involved in the
sale, manufacture, or distribution of medical marijuana; establishing
a work group to develop a work plan; and setting a date for a public
hearing.
WHEREAS, the Legislature passed E2SSB 5073, effective July 22, 2011, that amended
the Medical Cannabis Act, Chapter 69.51A RCW, which allows marijuana to be grown in
"collective gardens" 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, the City does not have any land use regulations regarding medical marijuana
under E2SSB 5073; and
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, medical marijuana has not been fully addressed by the State Legislature and
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the City does not have clarity or guidance regarding state regulations related to medical
marijuana; and
WHEREAS, the State Legislature is currently considering legislation involving medical
marijuana; and
WHEREAS, in order to address E2SSB and potential State legislation it is anticipated
that amendments will need to be made to the City's building, zoning, business, and public safety
regulations; and
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WHEREAS, the City is concerned that collective gardens and other medical marijuana-
related activities could become established in the City that are inconsistent with or conflict with
future regulatory schemes; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt
moratoria; and
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 to allow for time
to determine how best to respond to I-502 within the City; and
WHEREAS, on October 21, 2014 the City of Federal Way City Council passed
Ordinance No. 14-776 renewing the moratorium imposed by Ordinance No. 13-749 for six
months; and
WHEREAS, the moratorium imposed by Ordinance No. 14-776 applies to both
recreational and medical marijuana related activities; and
WHEREAS, the City desires to separately regulate recreational and medical marijuana;
and
WHEREAS, the City is taking separate action with regard to recreational marijuana
under Initiative 502; and
WHEREAS, the moratorium imposed by Ordinance No. 14-776 expires on May 5, 2015;
and
WHEREAS, the City desires for a new moratorium to take effect on May 6, 2015 to
coincide with the May 5, 2015 expiration of the moratorium imposed by Ordinance No.14-776;
and
Ordinance No. 15-787 Page 2 of 5
WHEREAS, the Council has determined that it is in the public interest to establish a
moratorium to evaluate and, if necessary, enact regulations under E2SSB 5073 and potential
State legislation; and
WHEREAS, a work group of City staff will develop a work program to analyze potential
changes to City zoning regulations that may be necessary to address changes in state law, but
needs additional clarity from the State Legislature in order to develop a workable set of
recommendations for local land use controls for safe and effective regulation of medical
marijuana; and
WHEREAS, the City will hold a public hearing on the moratorium within 60 days of its
adoption; and
WHEREAS, the adoption of this moratorium is exempt from the requirements of a
threshold determination under the State Environmental Policy Act; and
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 moratorium is necessary to provide the City with sufficient time to study the
potential impacts of E2SSB 5073, court decisions, and potential State legislation.
(c) 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 State Law.
Ordinance No. 15-787 Page 3 of 5
Section 2. Moratorium Established. No medical marijuana-related businesses, collective
gardens, dispensaries and other activities involved in the sale, manufacture, or distribution of
medical marijuana shall be allowed within the City. The City Clerk shall not accept nor issue
medical marijuana related business applications or registrations for the duration of this
moratorium.
Section 3. Work Plan. A work group consisting of representatives from Community
Development, Police, Finance, and the City Attorney's Office is hereby established to evaluate
any State legislation regarding medical marijuana and develop draft regulations regarding
medical marijuana related uses. This work plan allows City staff, the Planning Commission, and
the City Council time to review its development regulations to determine appropriate
development standards, and to move any proposed development code changes through
established governmental processes.
Section 4. Duration of Moratorium. This moratorium shall be in effect for one year from
the effective date of this ordinance
Section 5. Public Hearing. A public hearing for this moratorium will be held on April 21,
2015, at the regularly scheduled City Council Meeting.
Section 6. 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 7. 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
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scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any
references thereto.
Section 8. Effective Date. This ordinance shall be effective on May 6, 2015 after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 17th day of March, 2015.
CITY OF FEDERAL WAY
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ATTEST:
C C ERK, STEPHANI C C•URTNEY, CMC
APPROVED AS TO FORM:
ogalmete,
CITY A ORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 03/12/2015
PASSED BY THE CITY COUNCIL: 03/17/2015
PUBLISHED: 03/20/2015
EFFECTIVE DATE: 05/06/2015
ORDINANCE NO.: 15-787
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