Ordinance 14-021 Marijuana Moratorium CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 14-021
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,ADOPTING A MORATORIUM ON THE ESTABLISHMENT OF 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, 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; and
WHEREAS, Initiative Measure No. 692, approved by the voters of Washington State on
November 3, 1998, and now codified as chapter 69.51A RCW, created an affirmative defense for
"qualifying patients"to the charge of possession of marijuana; and
WHEREAS, 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, (4) and
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 69.51 A RCW within their
respective jurisdictions; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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 I-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 local governments "implement strong and effective regulatory and
enforcement systems that will address the threat those state laws could pose to public safety, public
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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;" and
WHEREAS, 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; and
WHEREAS, 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 I-502 and the lack of regulatory oversight and controls over medical marijuana under chapter
69.51A RCW; and
WHEREAS, the possession of medical marijuana, operation of collective gardens, and services
provided by designated providers remain illegal under chapter 69.51 A RCW and Cannabis Action
Coalition v. City of Kent, 180 Wn. App. 455 (2014), cert. granted, with such activities only entitled to an
affirmative defense; and
WHEREAS, 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; and
WHEREAS, 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"consumption or "vaping,"remain unlicensed marijuana uses that are largely unregulated and are
not subject to review, licensing, or enforcement by the LCB; and
WHEREAS, the Washington State Legislature is likely to propose and consider legislation on
medical marijuana in the upcoming 2015 Legislative session, but the City cannot determine what that
legislation may provide or when or if it will be passed; and
WHEREAS, the City of Spokane Valley Police have informally documented 45 marijuana-related
crimes since November 13,2013, with at least 30 of those involving persons under the age of 21;and
WHEREAS 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; and
WI-IEREAS, as of October 28, the City had at least 18 medical-marijuana related businesses
registered within the City, all of which provide marijuana outside of the licensing, regulation,
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; and
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
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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; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the
requirements of a threshold determination under the State Environmental Policy Act; and
WHEREAS, the lack 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 increased access to
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; and
WHEREAS, on November 4, 2014, the City Council adopted its 2015-2017 Legislative Agenda,
which included 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;"and
WHEREAS, 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 taws on unlicensed marijuana uses within the City; and
WHEREAS, a moratorium will provide 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; and
WHEREAS, Washington State law, including RCW 35A.63.220 and RCW 36.70A.390,
authorizes the City to adopt a moratorium, provided the City conducts a public hearing on the moratorium
within 60 days of the date of adoption of the moratorium; and
WHEREAS, 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
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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; and
WHEREAS, the City Council finds that the moratorium imposed and established by this
Ordinance is necessary for the immediate preservation of the public health, public safety, public property
and public peace.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as
findings of fact in support of this Ordinance.
Section 2. Moratorium Established.
A. The City Council hereby declares and imposes a moratorium upon the submission,
acceptance, processing, modification or approval of any permit applications or licenses by or for
unlicensed marijuana use.
B. For purposes of this moratorium, "unlicensed marijuana use" means the production,
growing, processing, manufacturing, extraction, infusion into edible solids, liquids or gummies, allowing
consumption on the premises of, sale, distribution, or delivery of marijuana, marijuana-infused products,
extracts, concentrates, oils, or any other form of product containing or derived from marijuana and
intended for human use by any business, association or other for-profit or not-for-profit establishment,
including but not limited to collective gardens, designated providers, medical marijuana dispensaries, or
private marijuana "vaping," smoking, or consumption clubs; provided, however, "unlicensed marijuana
use" shall not include any marijuana producer, marijuana processor, or marijuana retailer that has
received and holds a valid marijuana producer, marijuana processor, or marijuana retailer license from the
Washington Liquor Control Board pursuant to chapter 69.50 RCW and chapter 314-55 WAC;provided,
further, if a building permit for work within a business is necessary in order for a business to obtain a
valid marijuana license from the Washington Liquor Control Board under chapter 69.50 RCW, the City
may accept and process such permit prior to the applicant receiving its license from the Washington
Liquor Control Board.
C. "Unlicensed marijuana use" does not and shall not include any personal possession or use
of marijuana, marijuana-infused products, marijuana extracts, marijuana concentrates, marijuana oils, or
other form of product containing or derived from marijuana and intended for human use by any person
pursuant to chapter 69.50 RCW or by any qualifying patient pursuant to RCW 69.5IA.040.
D. Nothing herein shall affect the processing or consideration of any existing and already-
submitted complete land-use or building permit applications that may be subject to vested rights as
provided under Washington law.
Section 3. Work Plan. The following work plan is adopted to address the issues involving
the City's regulation of, and the establishment of unlicensed marijuana uses:
A. The City of Spokane Valley Planning Commission is hereby authorized and directed to
hold public hearings and public meetings to fully receive and consider statements, testimony, positions,
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and other documentation or evidence related to the public health, safety, and welfare aspects of
unlicensed marijuana uses.
B. The City of Spokane Valley Planning Commission is hereby authorized and directed to
work with City staff and the citizens of the City, as well as all public input received, to develop proposals
for regulations pertaining to the establishment of unlicensed marijuana uses, which regulations may
provide provisions restricting or limiting unlicensed marijuana use up to and including bans, to be
forwarded and recommended to the City Council for its consideration.
Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390,the City Council
shall conduct a public hearing on January 27,2015 at 6:00 p.m., or as soon thereafter as the matter may be
heard, at the City of Spokane Valley City Hall, 11707 East Sprague, Spokane Valley, 99206, City Council
Chambers, to hear and consider the comments and testimony of those wishing to speak at such public
hearing regarding the moratorium set forth in this Ordinance.
Section 5. Duration. The moratorium set forth in this Ordinance shall be in effect as of the
date of this Ordinance and shall continue in effect for a period of 365 days from the date of this
Ordinance, 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 6. 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 7. 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 8. Declaration of Emergency; Effective Date. This Ordinance is designated as a
public emergency necessary for the protection of public health, safety, and welfare and therefore shall
take effect immediately upon adoption by the City Council.
Passed by the City Council this 9th day of December, 2014.
ATT S ': Dean Grafos .yor
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-ity Clerk, Christine Bainbridge
Approved as orm:
:ratiO
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Officet e Ci ttorney
Date of Publication: December 12, 2014
Effective Date: December 9, 2014
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