Coming upon the city perhaps as soon as the next council meeting, is the discussion of marijuana dispensaries pursuant to the passage of initiative 502. Initiative 502 was passed by the voters of the state of Washington and was passed by all precincts in the city of Aberdeen. All of the cities in the state are having to deal with the implementation of state regulations regarding the sale, taxation and use of marijuana. The city of Aberdeen passed a six-month moratorium on all laws and ordinances regarding marijuana in order to come up with meaningful legislation. The moratorium was passed in May 2013 and expires in October the same year. On the surface our options include extending the moratorium another six months, coming up with a city ordinance to deal with the situation or even doing nothing – not the best idea. The city attorney has examined what other cities have done and their solutions vary all over the map. Besides we can work this out for ourselves we’re big people now. I’ll briefly mention a few of the items in the proposed ordinance. This will probably take two or more postings to cover completely. The moratorium imposed prohibition on the location, licensing, permitting and operation of medical marijuana collective gardens, so-called medical marijuana dispensaries, marijuana processing, marijuana producing, and marijuana retailing businesses in all zones in the city of Aberdeen. The main reason for this moratorium is that the city was attempting to implement a state law; a state law which had not been finalized and even now is not entirely finished. The city did not wish to set up regulations that it would have to change in six months or a year to meet with state law. The state of Washington has done a lot of work towards finalizing the law regarding marijuana distribution and use. While we are not entirely fully clear on what’s what, we have enough information to at least get started. One of the reasons that documents of legislation such as ordinances and laws are so lengthy is that the terms used in them have to be defined. This posting will deal mostly with the definitions with which we are dealing. These definitions are, for all intents and purposes, fully finished and will appear in final legislation. “Marijuana” is not relegated to a particular subspecies of cannabis. Rather, marijuana refers to any or all parts of any of the genus cannabis having a concentration greater than 0.3% of tetrahydrocannabinol (THC). This covers the leaves, the stalks, the oils, the resins – even “the stems and seeds that you don’t need”. A “marijuana processor” is a person who is allowed to process marijuana into usable marijuana products and package and label them for sale in retail outlets. They can sell wholesale products to marijuana retailers. They must have a license issued by the State Liquor Control Board. (Maybe it will become the State Liquor and Pot Control Board) A “marijuana producer” is someone who can produce, i.e. grow, and sell marijuana wholesale to marijuana processors or other producers. Essentially, marijuana farmers. They must have a license issued by the State Liquor Control Board. “Marijuana retailer” is simply someone who can sell marijuana and marijuana products at a retail outlet. They must have a license issued by the State Liquor Control Board. Another term used by the laws is “marijuana – infused products”. These are products that contain marijuana or marijuana extracts such as oil or resin and which are intended for human use. This term does not include usable marijuana because that has its own definition. “Usable marijuana” means dried marijuana flowers but does not include marijuana – infused products. I personally find that somewhat confusing in that I assume it also means the leaves but that is not specifically stated. One of the possible problems that may crop up – no pun intended, (I think) – is that of a “collective garden”. A collective garden is defined by state law, or I will use the term “assumed to mean” for reasons that may become evident, as growing and processing marijuana for medical use. Section 17.62.010 and section 17.62.020 of the proposed Aberdeen city ordinance deal with medical marijuana. But here’s the confusion: I-502 does NOT address medical marijuana. The state does not currently license NOR regulate medical marijuana outlets. I-502 does not change how or where they operate. Medical marijuana under Washington State law is still covered by chapter 69.51A of the Revised Code of Washington. So you can sort of see the confusion. This is a big issue but it need not be difficult. More later…
Posted on: Tue, 15 Oct 2013 06:07:06 +0000