Ordinance 15-002 Marijuana Findings of Fact CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 15-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE ADOPTION
OF ORDINANCE NO. 14-021 AND THE ESTABLISHMENT OF A MORATORIUM ON
ALL MARIJUANA USES OTHER THAN MARIJUANA PRODUCERS, MARIJUANA
PROCESSORS, AND MARIJUANA RETAIL SALES AS LICENSED BY THE
WASHINGTON STATE LIQUOR CONTROL BOARD PURSUANT TO CHAPTER
69.50 RCW AND REGULATED BY CHAPTER 19.85 SPOKANE VALLEY
MUNICIPAL CODE AND SPOKANE VALLEY MUNICIPAL CODE SECTION
19.120.050,AND OTHER MATTERS RELATING THERETO.
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of
Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and
other regulations as are not in conflict with general laws," which includes the adoption of regulations
governing land uses within the City; and
WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a
moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a
public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim
official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim
zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the
governing body received a recommendation on the matter from the planning commission or department.
If the governing body does not adopt findings of fact justifying its action before this hearing, then the
governing body shall do so immediately after this public hearing. A moratorium, interim zoning map,
interim zoning ordinance, or interim official control adopted under this section may be effective for not
longer than six months, but may be effective for up to one year if a work plan is developed for related
studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or
interim official control may be renewed for one or more six-month periods if a subsequent public hearing
is held and findings of fact are made prior to each renewal;"and
WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method
by which local governments may preserve the status quo so that new plans and regulations will not be
rendered moot by intervening development; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a
moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a
public hearing, provided the City conducts a public hearing on the moratorium within 60 days of the date
of adoption of the moratorium; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, on December 9, 2014, the
City adopted Ordinance No. 14-021 establishing a moratorium upon the submission, acceptance,
processing, modification or approval of any permit applications or licenses by or for unlicensed marijuana
use; and
WHEREAS, pursuant to RCW 35A.63.220, RCW 36.70A.390 and Ordinance No. 14-021, on
January 27, 2015, the City Council conducted a public hearing on the adoption of Ordinance No. 14-021
and the establishment of a moratorium on unlicensed marijuana uses; and
WHEREAS, written public testimony was received from three interested parties. City Council
heard testimony from 18 interested parties during the public hearing; and
Ordinance 15-002 Page 1 of 5
WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390,the City Council is required to
adopt findings of fact after conducting the public hearing.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Findings of Fact. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, on
January 27, 2015, the City Council conducted a public hearing on Ordinance No. 14-021 and the
establishment of a moratorium on unlicensed marijuana uses. The City Council hereby adopts the
following as findings of fact in support of Ordinance No. 14-021 and the establishment of a moratorium
on unlicensed marijuana uses:
1. Since 1970, federal law has prohibited the manufacture and possession of marijuana as a
Schedule I drug, based on the federal government's categorization of marijuana as having a "high
potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in
medically supervised treatment." Gonzales v. Raich, 545 U.S. 1, 14 (2005); Controlled Substance Act, 84
Stat. 1242, 21 U.S.C. 801 et seq.
2. Initiative Measure No. 692, approved by the voters of Washington State on November 3,
1998, and now codified as chapter 69.5IA RCW, created an affirmative defense for "qualifying patients"
to the charge of possession of marijuana.
3. In 2011, the Washington State Legislature considered and passed ESSSB 5073 that, among
other things, (1) authorized the licensing of medical cannabis dispensaries, production facilities, and
processing facilities; (2) permitted qualifying patients to receive certain amounts of marijuana for
medicinal purposes from designated providers; (3) permitted collective gardens by qualifying patients
whereby they may, consistent with state law, collectively grow marijuana for their own use; and (4)
clarified that cities were authorized to continue to use their zoning authority to regulate the production,
processing, or dispensing of marijuana under ESSSB 5073 and chapter 69.51A RCW within their
respective jurisdictions.
4. On April 29, 2011, former governor Christine Gregoire vetoed the portions of ESSSB 5073
that would have provided the legal basis for legalizing and licensing medical cannabis dispensaries,
processing facilities, and production facilities,thereby making these activities illegal.
5. On November 6, 2012,voters of the State of Washington approved Initiative Measure No. 502
("I-502"), now codified in chapters 69.50, 46.04, 46.20, 46.21, and 46.61 Revised Code of Washington
("RCW"), which provisions (1) decriminalized possession and use of certain amounts of marijuana and
marijuana paraphernalia; (2) amended state laws pertaining to driving under the influence of intoxicants
to include driving under the influence of marijuana; and (3) established a regulatory system licensing
producers, processors, and retailers of recreational marijuana for adults 21 years of age and older, and
required the Washington State Liquor Control Board (the "LCB") to adopt procedures and criteria by
December 1, 2013 for issuing licenses to produce, process, and sell marijuana.
6. On August 29, 2013, the United States Department of Justice issued a memo providing
updated guidance on marijuana enforcement in response to the adoption of 1-502. Several ongoing
federal enforcement priorities were outlined, including prevention of crime and preventing distribution of
marijuana to minors. Further, the memo provided that the Department would not seek ongoing
prosecution of marijuana providers, users, and local officials in states that authorized marijuana, provided
that those state and focal governments "implement strong and effective regulatory and enforcement
systems that will address the threat those state laws could pose to public safety, public health, and other
law enforcement interests. A system adequate to that task must not only contain robust controls and
procedures on paper; it must also be effective in practice."
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7. The LCB has established a comprehensive regulatory scheme for the licensing, operation, and
enforcement of recreational marijuana production, processing, and retail sales shops under chapter 314-55
WAC.
8. In 2014, the Washington State Legislature considered, but did not adopt E3SSB 5887 that
would have reconciled the comprehensive state regulatory scheme for recreational marijuana under 1-502
and the lack of regulatory oversight and controls over medical marijuana under chapter 69.51 A RCW.
9. The possession of medical marijuana, operation of collective gardens, and services provided
by designated providers remain illegal under chapter 69.51A RCW and Cannabis Action Coalition v. City
of Kent, 180 Wn. App. 455 (2014), review granted, 336 P.3d 1165 (2014), with such activities only
entitled to an affirmative defense.
10. RCW 69.50.445 prohibits the opening of a package containing marijuana, useable marijuana,
or a marijuana-infused product, or consumption of marijuana, useable marijuana, or a marijuana-infused
product "within view of the general public," but does not otherwise regulate operation of any "private"
marijuana consumption facility, "vaping" of marijuana extracts or oils, or other unlicensed marijuana
operations.
11. On July 22, 2014, the City adopted Ordinance No. 14-008, which established in chapter
19.85 of the Spokane Valley Municipal Code ("SVMC") and SVMC 19.120.050 regulations, zoning,
buffers, and other limitations on marijuana producers, processors, and retail sellers licensed under chapter
69.50 RCW, but which did not regulate unlicensed marijuana uses.
12. Unlike recreational licensed marijuana production, processing, and retail sales under chapter
69.50 RCW, all other marijuana uses, including medical marijuana and businesses offering "private"
marijuana consumption or "vaping," remain unlicensed marijuana uses that are largely unregulated and
are not subject to review, licensing, or enforcement by the LCB or other State or local agency.
13. The Washington State Legislature is likely to propose and consider legislation on medical
marijuana in its 2015 Legislative session, but the City cannot determine what that legislation may provide
or when or if it will be passed.
14. The City of Spokane Valley Police informally documented 45 marijuana-related crimes
between November 13, 2013, and December 9, 2014,with at least 30 of those involving persons under the
age of21.
15. As of October 28, 2014, the City had processed business registration endorsements for at
least 18 medical-marijuana related businesses within the City, all of which provide marijuana outside of
the licensing, regulation, and enforcement of the LCB, none of which are licensed marijuana producers,
processors, or retail outlets under chapter 69.50 RCW, and none of which are subject to the City's
regulations under SVMC 19.85 or SVMC 19.120.050.
16. Pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane
Valley is authorized to "make and enforce within its limits all such local police, sanitary and other
regulations as are not in conflict with general laws,"which includes the adoption of regulations governing
land uses within the City; and
17. The Iack of regulatory oversight at any level over unlicensed marijuana uses, such as medical
marijuana collective gardens, designated providers, and "private" marijuana consumption businesses, (1)
creates a market for marijuana that is inconsistent with the highly regulated market established by
licensed producers, processors, and retail sales by the LCB; (2) allows potential for increased access to
Ordinance 15-002 Page 3 of 5
marijuana by minors; and (3) creates a risk to the public health, safety and welfare because of the lack of
regulatory oversight and potential for abuse.
18. On November 4, 2014, the City Council adopted its 2015-2017 Legislative Agenda, which
includes an item wherein the City Council stated it would "support the reconciliation of the recreational
and medical marijuana statutes," "support development of one system that would regulate medical and
recreational marijuana, (including the elimination of medical marijuana), in Washington State," and
would "support State regulations which close gaps within current legislation: Vaping, edibles, oils, and
`private' consumption/facilities; and under age possession and consumption."
19. Additional time is necessary to allow the City to conduct appropriate research to analyze the
allowance, siting, and necessary land use regulations for unlicensed marijuana uses under existing state
law, and to determine what, if any, regulations may be passed by the Washington State Legislature in the
upcoming 2015 legislative session regarding unlicensed marijuana uses and the impact of such laws on
unlicensed marijuana uses within the City.
20. A moratorium provides the City with additional time to review and amend its public health,
safety, and welfare requirements and zoning and land use regulations related to the establishment and
operation of unlicensed marijuana uses.
21. RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium,
interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing
on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control,
shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or
interim official control within at least sixty days of its adoption, whether or not the governing body
received a recommendation on the matter from the planning commission or department. If the governing
body does not adopt findings of fact justifying its action before this hearing, then the governing body
shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning
ordinance, or interim official control adopted under this section may be effective for not longer than six
months, but may be effective for up to one year if a work plan is developed for related studies providing
such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official
control may be renewed for one or more six-month periods if a subsequent public hearing is held and
findings of fact are made prior to each renewal."
22. A moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method by
which local governments may preserve the status quo so that new plans and regulations will not be
rendered moot by intervening development.
23. RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium,
interim zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing,
provided a public hearing is held within 60 days of the adoption of the moratorium.
24. The City has authority to establish a moratorium concerning the establishment and operation
of unlicensed marijuana uses as a necessary stop-gap measure: (1) to provide the City with an opportunity
to study the issues associated with allowing, siting, and regulating unlicensed marijuana uses, including
determining what, if any, regulations are passed by the Washington State Legislature in the upcoming
2015 legislative session and the impacts of those laws upon unlicensed marijuana uses; (2) to protect the
health, safety, and welfare of the citizens of the City of Spokane Valley by avoiding and ameliorating
negative impacts and unintended consequences of additional unlicensed marijuana; and (3) to avoid
applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may
make for its rules and regulations as a result of the City's study of this matter.
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25. Pursuant to Ordinance No. 14-021, City Council adopted a work plan to address the issues
involving the City's regulation and establishment of unlicensed marijuana uses.
26. Staff has completed SEPA review of the moratorium and a Determination of Non-
Significance ("DNS")was issued on December 19,2014. No comments were received on the DNS.
27. On January 27, 2015, City Council conducted a public hearing on the adoption of Ordinance
14-021 and the establishment of a moratorium on unlicensed marijuana uses.
28. The City Council received written testimony from three interested parties and 18 interested
parties spoke at the public hearing. The City Council has given due consideration to all public testimony
received.
29. The adoption of Ordinance No. 14-021 and the establishment of a moratorium on unlicensed
marijuana uses is consistent with the goals and policies of the City's Comprehensive Plan.
30. The City Council finds that the moratorium imposed and established by Ordinance No. 14-
021 is necessary for the immediate preservation of the public health, public safety, public property and
public peace.
Section 2. Duration. The moratorium set forth in Ordinance shall be and remain in effect
for a period of 365 days from the date of Ordinance No. 14-021, unless repealed, extended, or modified
by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant
to RCW 35A.63.220 and RCW 36.70A.390.
Section 3. Ratification. Any act consistent with the authority set forth herein and prior to
the effective date of this Ordinance is hereby ratified and affirmed.
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional 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 5. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 24111 day of February, 2015.
AT E)iff lean Grafos,Mayor
ALL. - 1 a.. ,.a.0 ; / 11
City Clerk, Christine Bainbridge
trovay Fe m:
Office o;the City Attorney
Date of Publication:
Effective Date: 5 /1
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