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    Lacey Council Work Session 02.02.12

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    Rose Jane Eilts
    The Lacey City Council considered interim regulations for medical cannabis collective gardens. The council was recommended to adopt an ordinance establishing interim regulations and refer the issue to the Planning Commission for permanent regulations. The proposed ordinance would reasonably regulate collective gardens by restricting their location, distance from schools and other land uses, limiting one garden per parcel, and specifying allowed zones. The ordinance also includes a moratorium and emergency passage to prevent unregulated gardens from being established before regulations. Some concerns included whether the city should regulate medical cannabis given federal law, and that emergency passage could be seen as prejudging the issue before public hearings.

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    Lacey Council Work Session 02.02.12

    Uploaded by

    Rose Jane Eilts
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    The Lacey City Council considered interim regulations for medical cannabis collective gardens. The council was recommended to adopt an ordinance establishing interim regulations and refer the issue to the Planning Commission for permanent regulations. The proposed ordinance would reasonably regulate collective gardens by restricting their location, distance from schools and other land uses, limiting one garden per parcel, and specifying allowed zones. The ordinance also includes a moratorium and emergency passage to prevent unregulated gardens from being established before regulations. Some concerns included whether the city should regulate medical cannabis given federal law, and that emergency passage could be seen as prejudging the issue before public hearings.

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    City of Lacey Worksession document

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    The Lacey City Council considered interim regulations for medical cannabis collective gardens. The council was recommended to adopt an ordinance establishing interim regulations and refer the issue to the Planning Commission for permanent regulations. The proposed ordinance would reasonably regulate collective gardens by restricting their location, distance from schools and other land uses, limiting one garden per parcel, and specifying allowed zones. The ordinance also includes a moratorium and emergency passage to prevent unregulated gardens from being established before regulations. Some concerns included whether the city should regulate medical cannabis given federal law, and that emergency passage could be seen as prejudging the issue before public hearings.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    24 views2 pages

    Lacey Council Work Session 02.02.12

    Uploaded by

    Rose Jane Eilts
    The Lacey City Council considered interim regulations for medical cannabis collective gardens. The council was recommended to adopt an ordinance establishing interim regulations and refer the issue to the Planning Commission for permanent regulations. The proposed ordinance would reasonably regulate collective gardens by restricting their location, distance from schools and other land uses, limiting one garden per parcel, and specifying allowed zones. The ordinance also includes a moratorium and emergency passage to prevent unregulated gardens from being established before regulations. Some concerns included whether the city should regulate medical cannabis given federal law, and that emergency passage could be seen as prejudging the issue before public hearings.

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    Download as PDF, TXT or read online from Scribd
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    of 2

    LACEY CITY COUNCIL WORKSESSION February 2, 2012

    SUBJECT:

    Interim regulations for medical cannabis collective gardens.

    RECOMMENDATION:

    It is recommended that the Council consider in Worksession the provisions of a proposed ordinance establishing interim regulations for the establishment and location of medical cannabis collective gardens. After consideration, it is recommended that the proposed ordinance in its current form or as modified by action of the Council, be adopted as interim regulations and the subject be referred to the Planning Commission for recommendation as to permanent regulations and land use locations.

    STAFF CONTACT:

    Scott Spence, City Manager Ken Ahlf, City Attorney Rick Walk, Director of Community Development 1. Proposed interim ordinance regulating the establishment and location of medical cannabis collective gardens in the City. 2. Sample application forms for a medical cannabis collective garden.

    ATTACHMENTS:

    BUDGET IMPACT/ SOURCE OF FUNDS:

    It is not anticipated that there will be any major budget impact from the provisions of this ordinance. The Community Development Department will be processing land use permits for such collective gardens, however, an appropriate application fee should cover such activities.

    PRIOR COUNCIL/ COMMITTEE REVIEW:

    Both the General Government Committee and Land Use Committee have reviewed this subject matter in a general way. However, the specific proposed ordinance has not been considered by these committees since the action by both committees was to submit the matter to the full City Council for a review of a proposed ordinance at a Council Worksession.

    Page 1 of 2

    BACKGROUND: As the result of the passage of Initiative 692 in 1998, the passage by the legislature of ESSB 5073 in 2011 and the veto of certain portions of that legislation, the only means by which medical cannabis can be provided is by either one qualified patient and one provider or by the use of medical cannabis collective gardens. The legislation regarding collective gardens limits such gardens to 10 qualifying patients, 15 plants per patient up to a total of 45 plants per garden and 24 ounces of useable cannabis per patient up to a total of 72 ounces of useable cannabis for each garden. The legislation further allows cities and counties to additionally regulate such gardens by establishing zoning requirements, business licensing requirements, health and safety requirements and business taxes. The ordinance attached is an effort to provide reasonable regulation of medical cannabis collective gardens. Also, the ordinance prohibits the dispensing of medical cannabis in any manner within the City other than through the use of a collective garden or the one patient, one provider provisions of state law.

    ADVANTAGES: The passage of an ordinance allows for reasonable regulations as to the location of collective gardens by the restriction of distance from schools and other specific land uses, distance from other collective gardens, limiting the location to one per parcel of land as well as specifying the proper zones within which such collective gardens can be located. The proposed ordinance which is attached places into effect a moratorium which can last up to 6 months and provides for passage of the ordinance on an emergency basis. The advantage of such provisions is to prevent the location of a collective garden prior to passage of the ordinance with the result that it could be argued such location is vested. If the ordinance is passed in such a manner, a public hearing will need to be held within 60 days by the City Council. DISADVANTAGES: 1. Some may feel that the City should not speak to the issue of medical cannabis collective gardens since federal law likely prohibits such gardens. However, the ordinance makes it clear that compliance with the ordinance does not exempt a person or entity from prosecution under federal law and the application materials provide for an acknowledgement in that regard. 2. If the ordinance is passed with a hearing to be held later, it could be argued that the City Council had made up its mind prior to the public hearing which is contrary to normal Council procedures.

    Page 2 of 2

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