Waitsburg Approves Marijuana Ordinance

WAITSBURG - Waits- burg's City Council replaced the city's one-year morato- rium on recreational marijuana sale and production - which expires this month - with a marijuana zoning ordinance during Monday night's City Council meet- ing. The ordinance was ap- proved as presented, with an amendment providing for collective gardens.

City Administrator Randy Hinchliffe presented a draft ordinance limiting the processing, production and sale of recreational marijuana to the city's industrial zones. Hinchliffe explained that regulations requiring a buf- fer area of 1,000 feet from common public areas such as parks, school and librar- ies, leave the industrial areas of the city as the only option.

Council Member Deb Callahan expressed concern over the effect the ordinance would have on collective gardens. "I don't know if you're aware, but there are several collective gardens in town for medical marijuana patients, and this would make them illegal," said Callahan. "I have a concern about removing access for medical patients."

Collective gardens are provided for under RCW 69.51a.085 and allow up to ten qualifying patients to participate together in a single garden of no more than 15 marijuana plants per patient, up to a total of 45 plants. Qualifying patients must provide valid medical documentation, and proof of identity must be available at the premises at all times.

"I have no knowledge of this, if it is occurring," said Hinchliffe.

City Attorney Kris He- dine explained that there are no set of regulations cover- ing medical marijuana like there are for recreational marijuana. He noted that collective gardens are al- lowed under the state statute and that a medical garden in any zone other than indus- trial wouldn't be criminal- ized. According to Hedine, collective medical gardens would instead be considered a nuisance.

Sheriff John Turner said, "9.5 out of 10 times when we get calls from people who see marijuana grow- ing, it's a medical situation." Turner said deputies check out the grow and examine paperwork to determine its legitimacy. Turner said that, in very rare cases - such as a 2011 case in Burbank, Wash. - individuals will use medi- cal marijuana as a cover for full scale selling operations.

After extensive discussion it was determined that the proposed ordinance would be amended to reflect the legality of collective medical gardens. The ordinance will exempt existing gardens and owners will be encouraged to register with the city as participants in a collective garden. Aside from medical gardens, processing, produc- tion and sale of recreational marijuana will be limited to industrial zones of the city, pending licensing approval by the Washington State Li- quor Control Board.