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Port Orchard's moratoriums on medical marijuana gardens and dispensaries expire Aug. 12, but the City Council might have something to say about that.
On Tuesday, the council will consider an ordinance to allow licensing of gardens and dispensaries ... with a caveat.The city will not issue licenses for "any activity that is known to violate local, state and /or federal law."
The council held a work study meeting July 17 to review a range of options offered by the city's planning commission for addressing the conundrum presented by state law.
In 2011, the Legislature passed a bill updating Washington's rules for medical marijuana. Gov. Chris Gregoire vetoed significant portions of the bill. Limits on dispensaries now are so restrictive as to all but outlaw them. But the law does provide for collective medical marijuana gardens.
Port Orchard, like other cities and counties around the state, is wrestling with how to address the conflict between state and federal law, which prohibits marijuana use under any circumstances.
The city renewed its previously passed moratoriums in February, hoping the Legislature would add clarity to the law in its 2012 session. That didn't happen. Other jurisdictions are moving forward with a range of responses.
Tacoma recently backed off from zoning provisions for gardens and dispensaries recommended by its planning commission over concerns about running afoul of federal laws. Kent amended its zoning to prohibit gardens and dispensaries.
Bremerton has never passed a moratorium on dispensaries, simply categorizing them as a prohibited use. The Bremerton City Council will consider extending its moratorium on collective gardens Aug. 8, with final action set for Aug. 15.
"We're still looking at our options," Bremerton City Attorney Roger Lubovich said.
One of the options forwarded by Port Orchard's planning commission was to simply buy more time, like Bremerton, with a moratorium extension. But the council chose instead the business license option.
Under the new rule, if adopted, dispensaries and collective gardens would be required to apply for a business license. The proposed ordinance – heavy with "whereas" clauses, according to City Attorney Greg Jacoby – would add a provision to city code stating that licenses will not be issued to businesses whose activities are illegal.
From the city's perspective, the proposed ordinance at least partly addresses the risk of being sued for discrimination. Jacoby said the provision – nicknamed by council members "the Port Orchard solution" – can't prevent a lawsuit, but it does give the city a legal leg to stand on. By spelling out the restriction as part of the business license application process, Jacoby said, "it's not just because I said so, because it's here in black and white."
The council considered six other hypothetical options presented by the planning commission. They ranged from an outright ban on gardens and dispensaries, to a series of changes to the city's zoning regulations.
One zoning option would have permitted dispensaries only in the city's "downtown overlay district." One required approval of the federal Drug Enforcement Administration. Another would have allowed up to 40 gardens and up to 40 dispensaries in certain areas of the city.
Lubovich, the Bremerton attorney, said the last "option" is not one he'd recommend for Bremerton or any other city because a cluster of gardens located, say, in a warehouse, could draw the attention of federal drug enforcement agents. Any city authorizing such an arrangement could be seen as violating the law.
Port Orchard's Development Director James Weaver said any of the options related to zoning presented a problem to the city because of the staff time needed for code enforcement, oversight of development regulations and processing of conditional-use permits.
"It was a resource issue for us," Weaver said.
The council will hold a public hearing before voting on the proposed medical marijuana business license ordinance during its meeting at 7 p.m. Tuesday at City Hall, 216 Prospect St.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: kitsapsun.com
Author: Chris Henry
Contact: Staff and Contacts for Kitsap Sun
Website: Port Orchard ordinance could effectively ban medical pot dispensaries, gardens » Kitsap Sun
On Tuesday, the council will consider an ordinance to allow licensing of gardens and dispensaries ... with a caveat.The city will not issue licenses for "any activity that is known to violate local, state and /or federal law."
The council held a work study meeting July 17 to review a range of options offered by the city's planning commission for addressing the conundrum presented by state law.
In 2011, the Legislature passed a bill updating Washington's rules for medical marijuana. Gov. Chris Gregoire vetoed significant portions of the bill. Limits on dispensaries now are so restrictive as to all but outlaw them. But the law does provide for collective medical marijuana gardens.
Port Orchard, like other cities and counties around the state, is wrestling with how to address the conflict between state and federal law, which prohibits marijuana use under any circumstances.
The city renewed its previously passed moratoriums in February, hoping the Legislature would add clarity to the law in its 2012 session. That didn't happen. Other jurisdictions are moving forward with a range of responses.
Tacoma recently backed off from zoning provisions for gardens and dispensaries recommended by its planning commission over concerns about running afoul of federal laws. Kent amended its zoning to prohibit gardens and dispensaries.
Bremerton has never passed a moratorium on dispensaries, simply categorizing them as a prohibited use. The Bremerton City Council will consider extending its moratorium on collective gardens Aug. 8, with final action set for Aug. 15.
"We're still looking at our options," Bremerton City Attorney Roger Lubovich said.
One of the options forwarded by Port Orchard's planning commission was to simply buy more time, like Bremerton, with a moratorium extension. But the council chose instead the business license option.
Under the new rule, if adopted, dispensaries and collective gardens would be required to apply for a business license. The proposed ordinance – heavy with "whereas" clauses, according to City Attorney Greg Jacoby – would add a provision to city code stating that licenses will not be issued to businesses whose activities are illegal.
From the city's perspective, the proposed ordinance at least partly addresses the risk of being sued for discrimination. Jacoby said the provision – nicknamed by council members "the Port Orchard solution" – can't prevent a lawsuit, but it does give the city a legal leg to stand on. By spelling out the restriction as part of the business license application process, Jacoby said, "it's not just because I said so, because it's here in black and white."
The council considered six other hypothetical options presented by the planning commission. They ranged from an outright ban on gardens and dispensaries, to a series of changes to the city's zoning regulations.
One zoning option would have permitted dispensaries only in the city's "downtown overlay district." One required approval of the federal Drug Enforcement Administration. Another would have allowed up to 40 gardens and up to 40 dispensaries in certain areas of the city.
Lubovich, the Bremerton attorney, said the last "option" is not one he'd recommend for Bremerton or any other city because a cluster of gardens located, say, in a warehouse, could draw the attention of federal drug enforcement agents. Any city authorizing such an arrangement could be seen as violating the law.
Port Orchard's Development Director James Weaver said any of the options related to zoning presented a problem to the city because of the staff time needed for code enforcement, oversight of development regulations and processing of conditional-use permits.
"It was a resource issue for us," Weaver said.
The council will hold a public hearing before voting on the proposed medical marijuana business license ordinance during its meeting at 7 p.m. Tuesday at City Hall, 216 Prospect St.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: kitsapsun.com
Author: Chris Henry
Contact: Staff and Contacts for Kitsap Sun
Website: Port Orchard ordinance could effectively ban medical pot dispensaries, gardens » Kitsap Sun
