Grays Harbor CountyCannabis Land Use Task Force

July 31, 2013

Agenda

• Purpose of task force

• Getting to know one another

• Working agreements

• Review state & administrative law

• Clarifying interests

Purpose of the Task Force

How should the county manage land uses associated with medical and non-medical marijuana production, processing, and sales?

• Where?

• Conditions/limitations?

• Other?

We need to

figure out

zoning? Yep!

Process for achieving our Purpose

• Examine legal framework for our work

• Explore community interests

• Brainstorm & discuss alternatives

• Find agreement on works best for our community

Introductions

• Pick someone you know the least

• Interview them for 2 minutes using the form

• Introduce your person!

Working Agreements

• Which behaviors do you think contribute most to a productive working group?

Let’s get on the same page and talk about the legal framework first!

State

Law

Discussi

o

n

Legal Framework for our Work

• Medical Cannabis, Chapter 69.51A RCW

• Initiative 502 Chapters 46.20, 46.61, 69.50 RCW

I -502

Legal Framework

Medical Cannabis

Medical Cannabis RCW 69.51A RCW

• Initiative 692 passed by voters in 1998

• Legislature amended in 2011 (ESSSB 5073) – sections vetoed by governor

I-692

Medical Cannabis – Main Points

• Protects qualifying patients and designated providers from penalties

• Amounts for patients/designated providers:

15 plants

No more than 24 useable ounces

Designated provider – only 2 X

Medical Cannabis – Main Points“For purposes of this section, the creation of a "collective garden" means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies, and labor necessary to plant, grow, and harvest cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of cannabis plants.”

RCW 69.51A.085

Medical Cannabis – Main Points• Allows collective gardens for

producing, processing, delivering medical cannabis: No more than 10 qualifying

patients 15 plants per patient - up to

total of 45 plants 24 useable ounces per patient -

up to 72 useable ounces total Product only to those

participating

Medical Cannabis – Main Points

• Allows cities & counties authority to adopt and enforce regulations:

Zoning, business license, health & safety requirements, business taxes

Medical Cannabis – Main Points

• Dispensaries ≠ collective gardens

• However:

No limit on the number of collective garden memberships a person can hold

No limit on the amount of time a person must maintain membership to a collective garden

Medical Cannabis – Main Points

• US Department of Justice adopted formal guidelines for prosecutors’ discretion when reviewing cases

• Does NOT legalize medical cannabis under federal law

Initiative 502– Main Points

• Legalized individual possession & use of marijuana 21 years and over

Allows possession up to 1 ounce of marijuana, 16 ounces of an infused product

Standards for impaired driving

Initiative 502– Main Points

• Legalized individual possession & use of marijuana 21 years and over

Allows possession up to 1 ounce of marijuana, 16 ounces of an infused product

Standards for impaired driving

Individuals cannot grow their own

I-502

Initiative 502– Main Points

• Sets up system for licensing producers, processors, & retailers

• Places 25% excise taxes on

Producer to processor/producer-processor

Processor to retailer

Retailer to customer

Initiative 502– Main Points

• Allows additional general, state, and local sales taxes on top

• Limits number of retail outlets – but not producers and processers

• Gives Liquor Control Bill right to pass procedures (Washington Administrative Code – WACs)

Initiative 502– Main Points

• Draft regulations: Chapter 314-55 WAC

• Specifics on applications for, awarding, and managing licenses for production, processing & retail licenses through WSLCB

Initiative 502– Main Points

• Places 1,000’ location restriction:

Schools

Playgrounds, rec centers/facilities

Childcare center

Public parks, libraries

Game arcades

Initiative 502– Main Points

• Producer must be in a secure indoor facility, greenhouse, or field

• Producer, producer/processor

• Retail only (includes paraphernalia)

• Requirements for waste disposal

• Requirements for extraction processes

Medical vs. Recreational Cannabis

• Are they so different or can we lump them together?

Legal Framework

Questions and group discussion?