City passes six-month moratoriums on marijuana businesses and collective gardens

At the regularly scheduled Westport City Council meeting held Monday, March 10, Council members unanimously passed two “declared public emergency” ordinances that will extend the City’s moratorium on medical marijuana businesses, as well as on medical marijuana collective gardens, for another six months.

According to the documents, the emergency moratoriums are deemed necessary by the City Council in order to provide sufficient time to study the potential impacts of marijuana-related businesses and medical marijuana collective gardens, and then “…to develop appropriate zoning regulations.”

Public Emergency ordinances become effective immediately upon passage.

Ordinance 1553 imposes a moratorium on the location, licensing, permitting and operation of marijuana processing, marijuana producing, and marijuana retailing businesses within Westport City limits.

Ordinance 1554 imposes a moratorium on the licensing, regulation, location and permitting of medical marijuana collective gardens within Westport City limits.

Initiative 502

Initiative Measure No. 502, approved November 6, 2012, legalized the possession of a limited quantity of marijuana and authorized the creation of licenses for marijuana producers, marijuana processors and marijuana retailers in the State of Washington.

It also authorizes the state liquor control board to issue licenses to marijuana producers, marijuana processors and marijuana retailers, but the state liquor control board is still in the process of adopting rules and regulations to implement and enforce the licensing components of the Initiative.

Federal law concerns

As justification for the passage of the two emergency ordinances, both cite federal law issues. Ordinance 1553 states in part, “The City Council finds that the sale of marijuana, no matter how designated by Washington State law, is prohibited by Federal law; and the Federal Government has yet to advise the Washington State Government as to what actions it may take once the provisions of Initiative Measure No. 502 are implemented by the State of Washington.

Ordinance 1554 states in part, “The City Council finds that the growing of marijuana, no matter how designated by the Washington State Legislature, is prohibited by Federal law.”

Potential secondary impacts cited

Both ordinances also address potential negative ‘secondary impacts’ if marijuana retail businesses and/or medical marijuana collective gardens licenses were issued by the City.

Ordinance 1553 states in part, “The secondary impacts associated with marijuana producers, marijuana processors and marijuana retailers can include crimes against the businesses themselves as a result of cash and drugs maintained on the site, increased criminal activity in areas around the businesses, loss of revenue for neighboring businesses, and exposure to minors.

Regarding potential negative secondary impacts related to marijuana collective gardens, Ordinance 1554 states in part, “The secondary impacts associated with collective gardens can include crimes against the participating qualified patients themselves as a result of cannabis plants, useable cannabis, growing equipment and supplies being maintained on the site, increased criminal activity in areas around the collective gardens, loss of revenue for neighboring businesses, increased danger of fire caused by improper wiring and ventilation, decreasing of property values of neighboring properties, and exposure to minors.”

Public hearing

A state-law-mandated public hearing on both moratoriums to receive public comment has been set for Monday, April 28, in City Council Chambers at the old Westport City Hall building located at 506 N. Montesano Street, in uptown Westport.