HomeMy WebLinkAbout59-11 - Ord. Adopting Moratorium on Establishment of Collective GardensORDINANCE NUMBER 59` I I
AN ORDINANCE ADOPTING A MORATORIUM ON THE
ESTABLISHMENT OF COLLECTIVE GARDENS, DEFINING
"COLLECTIVE GARDENS"; ESTABLISHING AN EFFECTIVE
DATE, AND PROVIDING THAT THE MORATORIUM, UNLESS
EXTENDED, WILL SUNSET WITHIN St)( (6) MONTHS OF THE
DATE OF ADOPTION
WHEREAS, the possession or distribution of marijuana has been and continues
to De a violation of state law pursuant to Chapter 69.50 RCW (Washington's Uniform
Controlled Substances Act), and federal law, through the Controlled Substances Act
("CSA"); and
WHEREAS, in 1998 the voters of Washington State approved Initiative 692, now
codified as Chapter 69.51A RCW, which created a limited defense to marijuana charges
u nder state, not federal, law if the person charged could demonstrate that he or she was
a qualifying patient or designated provider as those terms are defined in Ch.69.51A
RCW; and
WHEREAS, in 2011, the state legislature passed Engrossed Second Substitute
Senate Bill (E2SSB) 5073 making significant amendments to the medical marijuana law
in Washincton; and
WHEREAS, the Governor signed the E2SSB 5073, but vetoed several portions
e xpressing her reservations about provisions that involved state employees in activities
that could be interpreted as in violation of federal laws; and
WHEREAS, E2SSB 5073 became effective on July 22, 2011; and
WHEREAS, E2SSB 5073 authorizes "collective gardens" where up to ten
qualifying patients may join together to produce, grove and deliver up to forty-five (45)
cannabis plants for medical use and to jointly possess up to seventy-two (72) ounces of
u sable cannabis; and
WHERE --AS, under E2SSB 5073 there is no limit to the number of collective
gardens that may be located at any site nor restrictions as to where collective gardens
may be located in relation to other uses; and
WHEREAS, collective gardens are not currently addressed in the Mason County
Development Regulations and under Section 1102 of E2SSB 5073 counties may adopt
zoninc rec uireents for collective gardens; and
WHEREAS, unless a zoning moratorium is imposed, collective gardens may be
located within Mason County while the County lacks the necessary tools to ensure the
location is appropriate and that the potential secondary impacts of collective gardens
are minimized and mitigated; and
WHEREAS, the Board of County Commissioners deems it to be in the public
interest to establish a zoning moratorium pending consideration of land use regulations
to address collective gardens; and
WHEREAS, the County established a moratorium on "collective gardens" as
defined in E2SSB 5073, §403 on July 19, 2011 with a public hearing to be held within
sixty (60) days (RCW 36.70A.390), and
WHEREAS, a public hearing was held on September 6, 2011 to allow for public
testimony on said moratorium, and
N OW, THEREFORE, the Mason County Board of Commissioners do ordain as
follows:
S ection 1. The recitals set forth above are hereby adopted as the Board of
County Commissioners' preliminary findings in support of the moratorium imposed by
this Ordinance. The Commissioners may, in their discretion, adopt additional findings at
the conclusion of the public hearing referenced in Section 3 below.
Section 2. Pursuant to the provisions of RCW 36.70A.390, a zoning moratorium
is hereby enacted in Mason County prohibiting the establishment, maintenance or
continuation of any collective garden. A "collective garden" is an area or garden where
qualifying patients engage in the production, processing, transporting and delivery of
cannabis for medical use as set forth in the E2SSB 5073, §403 and subject to the
limitations therein.
S ection 3. As provided in RCW 36.70A.390, the Board of County Commissioners
set a public hearing for September
6, 2011 to take public testimony and to consider adopting further findings justifying the
imposition of the moratorium set forth in Section 2 above.
S ection 4. The moratorium set forth in this Ordinance shall be in effect for a
period of six months from the date this Ordinance is passed and shall automatically
expire on that date unless extended as provided in RCVV 36.70A.390, or unless
terminated sooner by the Mason County Board of Commissioners.
Section 5. The Mason County Department of Community Development is hereby
authorized and directed to develop draft regulations regarding collective gardens. The
regulations shall be referred to the Planning Advisory Commission for review and
recommendation for inclusion in the Development Regulations.
Section 6. If any provision of this ordinance or its application to any person or
circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
th
DATED this day o
ATTEST:
z
Shannon Goudy, Clerk of the Board
APPROVED AS TO FORM:
Tires Whitehead, Chief DPA
2011.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
,4044/4- 444.
Ly a'Ring Erickson, air
Tim Sheldon, Commissioner
\41(7,00--
Commissioner District #3