Drafter
Clerk 04/22/2015
Title
AN ORDINANCE renewing for six-months an existing 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.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. King County has authority to establish and renew a moratorium under the Growth Management Act, as set forth 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 in 1998, created an affirmative defense to the charge of possession of marijuana for qualifying patients.
C. 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. Engrossed Second Senate Bill 5073 became Chapter 181, Laws of Washington 2011 and took effect July 22, 2011.
D. The 2011 act provided for a system of "collective gardens," within which qualifying patients could produce, grow and deliver marijuana for medical use under certain conditions, and which allowed qualifying patients to designate a "designated provider," who was authorized to distribute marijuana to one patient within any fifteen-day period.
E. Washington state Initiative Measure No. 502, approved in 2012, established a regulatory system for adult use of recreational marijuana and regulation of the production, processing, and sales of marijuana. Initiative 502 did not amend the medical marijuana laws.
F. A growing number of medical marijuana collective gardens and dispensaries asserted to be or actually authorized by the 2011 act are currently in operation in unincorporated King County. Due to the quasi-criminal nature of thes...
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