11-17-2015 Marijuana Legislation UpdateCITY OF
Federal Way
Marijuana Legislation Update Staff Report
City Council Study Session
November 17, 2015
I. STATE LEGISLATION
On April 24, 2015, the Governor signed into law Second Substitute Senate Bill 5052, The Cannabis
Patient Protection Act ( "Act "). The bill establishes regulations for the formerly unregulated medical
marijuana system and brings it under the existing regulations of recreational marijuana. As of July
2016, medical and recreational marijuana can be purchased only at State licensed retail stores.
Marijuana retail stores will be able to apply for a medical marijuana endorsement in order to sell
medical marijuana. Medical marijuana- endorsed stores must carry products identified by the
Department of Health ( "DOH ") as beneficial to medical marijuana patients. In addition, collective
gardens will be eliminated and replaced with cooperatives. The law also changed the Washington
State Liquor Control Board to Washington State Liquor and Cannabis Board ( "WSLCB "). The
WSLCB is holding statewide public hearings regarding proposed medical marijuana rules to
implement the Act and further regulate medical marijuana.
On June 30, 2015, the Governor also signed into law Second Engrossed Second Substitute House Bill
2136. The law makes comprehensive marijuana market reforms to ensure a well - regulated and taxed
marijuana market. Among its many provisions, the law provides revenue sharing with counties and
cities, restructures the marijuana excise tax, provides flexibility for the 1,000 -foot buffer, establishes a
buffer for cooperatives, modifies signage requirements, and allows the WSLCB to contract with local
law enforcement for activities to eradicate illegal marijuana production.
II. MEDICAL MARIJUANA, COOPERATIVES, AND HOME GROWING
The Act created a voluntary medical marijuana authorization database. Qualified patients and
designated providers may be registered into the database by presenting their authorization to a
licensed retail store with a medical marijuana endorsement. The amount of marijuana a person may
legally possess changes depending on whether the patient or designated provider is registered in the
database:
Registered: Patients or designated providers may purchase up to three times the current limits at
a licensed retail store with a medical marijuana endorsement (those purchases at retail stores with
a medical marijuana endorsement are not subject to certain taxes), may possess six plants and
eight ounces of useable marijuana (a healthcare practitioner may authorize additional plants to a
maximum of 15), may participate in cooperatives, and are provided arrest protection.
Not Registered: Patients or designated providers can be arrested but may assert an affirmative
defense to criminal prosecution for possession of up to four plants and six ounces of useable
marijuana, may not participate in cooperatives, and purchases at retail stores are limited to
amounts for all adults and are subject to certain taxes.
Marijuana Legislation Update
November 17, 2015 City Council Study Session Page 1 of 2
Medical marijuana may be grown in a patient's domicile. No plants may be grown or processed if any
portion of the activity may be viewed or smelled by the public or the private property of another
housing unit. There is no law that permits recreational marijuana to be grown at home.
The Act also repealed the provision authorizing collective gardens, effective July 1, 2016. In its place,
four member cooperatives will be permitted. A maximum of 60 plants (15 plants x 4 members) may
be grown at the cooperative location. Cooperatives must be registered with the WSLCB and may not
be located within one mile of a marijuana retailer or one thousand feet of the perimeter of the grounds
of any elementary or secondary school, playground, recreation center or facility, child care center,
public park, public transit center, library, or any game arcade that admission to which is not restricted
to persons aged twenty -one years or older. The location of the cooperative must be a domicile of one
of the participants and this is the only location where cooperative members may grow or process
marijuana. Only one cooperative may be located per property tax parcel.
Qualifying patients or designated providers may form a cooperative and share responsibility for
acquiring and supplying the resources needed to produce and process marijuana only for the medical
use of members of the cooperative. No more than four qualifying patients or designated providers
may become members of a cooperative under this section and all members must hold valid
recognition cards. All members of the cooperative must also be at least 21 years old.
If a member of the cooperative leaves, he or she must notify the WSLCB within 15 days of the date
he or she ceases participation. Additional qualifying patients or designated providers may not join the
cooperative for 60 days. Cooperatives may not sell, donate, or otherwise provide marijuana to a
person not participating in the cooperative.
The WSLCB must adopt rules regulating cooperatives, including a seed to sale traceability system
that will be modeled on the recreational market system, and the WSLCB or law enforcement may
inspect cooperatives for compliance with State law.
III. EFFECT OF BAN
Advisory Proposition No. 1 was a non - binding advisory vote that allowed residents to inform the
Federal Way City Council whether they were for or against marijuana - related businesses locating
within the City of Federal Way. Advisory Proposition No. 1 did not pass, with 61% voting "No ".
An ordinance to ban marijuana - related businesses will include, by default, both recreational and
medical marijuana businesses because the regulation of medical marijuana will be merged with the
recreational system. Medical marijuana cooperatives are not a business and would not be addressed
by a ban on marijuana - related businesses. A ban on marijuana businesses would also not preclude a
qualified patient and /or his or her designated provider from individually growing marijuana at home
or in a cooperative as explained above.
The Mayor has directed staff to bring forward an ordinance to ban marijuana - related businesses to the
December Council meeting. The ordinance will also repeal the moratorium on recreational marijuana,
and allow the moratorium on medical marijuana and collective gardens to remain in place until it
expires in May 2016.
Marijuana Legislation Update
November 17, 2015 City Council Study Session Page 2 of 2
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