Drafter
Clerk 12/12/2013
Title
AN ORDINANCE declaring a one-year moratorium on the establishment or location of medical marijuana dispensaries and collective gardens asserted to be or actually authorized under Chapter 181, Laws of Washington 2011, and chapter 69.51A RCW; and declaring an emergency.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. King County has authority to establish a moratorium under the Growth Management Act in RCW 36.70A.390, to preclude approval of a particular land use and to facilitate its interest in studying the impacts of that land use.
B. Washington state Initiative Measure No. 692, approved November 3, 1998, created an affirmative defense to the charge of possession of marijuana for qualifying patients.
C. The county acknowledges the right of qualified health care professionals to recommend the medical use of marijuana, and acknowledges the affirmative defense available to qualifying patients and designated providers from a criminal possession of marijuana charge.
D. The 2011 state Legislature passed Engrossed Second Substitute Senate Bill 5073 and Governor Christine Gregoire signed the bill while vetoing several of its sections, including those authorizing the operation of medical marijuana dispensaries. This became, Chapter 181, Laws of Washington 2011 ("the act").
E. The act took effect July 22, 2011.
F. The act provides for and places limits on "collective gardens," within which qualifying patients may produce, grow and deliver marijuana for medical use under certain conditions, and authorizes qualifying patients to designate a "designated provider," who may provide marijuana to one patient within any fifteen-day period.
G. A growing number of medical marijuana collective gardens and dispensaries asserted to be or actually authorized by the act are currently in operation in unincorporated King County.
H. Over the past several years, specific concerns have been raised ...

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