KIRKLAND SETS SIX-MONTH MORATORIUM ON MEDICAL MARIJUANA GARDENS

The Kirkland City Council on July 19 enacted a six-month zoning
moratorium that prohibits the licensing, establishment, maintenance,
or continuation of any medical marijuana "collective garden" within
city limits.

The city's actions are in response to amendments passed in this year's
legislative session to Washington's existing medical marijuana law.
The amendments, as contained in Engrossed Second Substitute Senate
Bill (E2SSB) 5073, went into effect July 22.

The city's moratorium allowed the city to consider whether to zone
medical marijuana "collective gardens" away from schools and parks,
whether to permit them in residential areas and whether to limit the
number of "collective gardens" on a single property.

The council will hold a required public hearing at 7:30 p.m. Aug. 2 at
Kirkland City Hall, 123 Fifth Ave. to receive public comment on
Ordinance 4316, which established the moratorium.

A medical marijuana "collective garden" is an area or garden where
qualifying patients engage in the production, processing,
transporting, and delivery of marijuana for medical use as defined in
a 1998 state law (RCW 69.50).

In the 2011 Washington State legislative session, E2SSB 5073 was
passed, which broadened the scope of the state's medical marijuana
law. Gov. Gregoire vetoed 36 of the 57 sections of E2SSB 5073.

She did approve the allowance of medical marijuana "collective
gardens." Some of the sections the governor vetoed were in response to
a warning by the U.S. Attorney's Office that the bill would place
state workers who implement state regulations related to medical
marijuana at risk of criminal prosecution. The city is concerned that
this warning also applies to city personnel.

During the Aug. 2 public hearing, the council will determine whether
to take no action and allow the moratorium to continue for six months,
request additional findings of fact be prepared, or vote to end the
moratorium imposed by City Ordinance 4316. For more information,
contact the City Manager's Office at 425-587-3001.