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SubjectsLegal › Medical Marijuana (Cannabis)
Updated 04/2014

Medical Marijuana (Cannabis)

Contents

Introduction

We are in the midst of a transition regarding how medical marijuana (cannabis) is regulated. This page is intended to keep you current regarding the changes, and the diverse ways that different jurisdictions are coping with the process. An ambitious move toward full regulation of medical marijuana was passed by the state legislature in 2011, but key provisions were vetoed by Governor Gregoire. “Collective gardens” are specifically allowed under current state legislation, but dispensaries are not. The resulting regulations are not fully consistent, and there are many unanswered questions. Also, Washington’s medical marijuana laws conflict with federal drug laws, which do not recognize any medical uses for the drug.

Current Status of Medical Marijuana in Washington State

On March 31, 2014 the Court of Appeals issued a decision that complicates the legal issues involving medical marijuana in Washington. Read New Medical Marijuana Court Decision Adds to the Confusion! for an explanation.

The 2012 legislature did not pass any amendments to the current medical marijuana statutes, and Initiative 502 did not contain any amendments to the medical marijuana statutes, so now there are two clearly separate regulatory systems, one dealing with medical marijuana and the other dealing with adult recreational use of marijuana. Local jurisdictions will need to enact zoning provisions in the future for businesses that grow or retail recreational marijuana, but that is a separate issue from medical marijuana collective garden zoning (though it is possible that there might be similar zoning approaches used for both). For previous updates, see Chronology of Medical Marijuana Regulation in Washington State below.

MRSC Insight

Federal Law and Policies

Washington Law and Policies as They Currently Exist

Washington Laws

Policy Discussion

Washington Local Government Ordinances

Types of Ordinances and Decisions Adopted

Jurisdiction Moratoria Interim Ordinances Permanent Ordinances
Dispensaries Collective Gardens Dispensaries Prohibited Collective Gardens Prohibited Collective Gardens Authorized Collective Gardens Prohibited Collective Gardens Authorized De Facto Ban
Aberdeen X
Anacortes X
Bellevue X
Bellingham X
Bonney Lake X
Buckley X X
Castle Rock X
Cheney X
Chelan X
Clark County X
Edgewood (2011) X
Edgewood (2013) X
Edmonds X
Ellensburg X
Ellensburg X
Everett X
Grays Harbor County X X
Issaquah X
Kent X
Longview X
Mason County X
Mount Vernon X
Mountlake Terrace X
Mukilteo X
Pacific County X
Richland X
Ruston X
Sammamish X
SeaTac (2011) X X
SeaTac (2012) X X
Seattle (2011) X
Shoreline (No.643) X
Shoreline (No.625) X
Skamania County X
Snohomish County X
Spokane X
Stanwood X
Tukwila X X
Woodinville X
Woodland X
Yakima X

List of Ordinances

  • Aberdeen Ordinance No. 6550 (Adobe Acrobat Document) - Adopts interim zoning regulations pursuant to RCW 35.63.200, Ch. 17.62, Marijuana Related Uses; prohibits medical cannabis collective gardens in all zoning districts of the city; allows the production, processing and retailing of marijuana in the industrial and light-industrial districts, passed 10/23/2013
  • Anacortes Ordinance No. 2888 (Adobe Acrobat Document) - Regulates medical cannabis collective gardens; adds Ch. 5.50, Collective Garden Safety Licenses, passed 08/20/2012
  • Bellevue
    • Ordinance No. 6132(Adobe Acrobat Document) - Allows for the permitting and review of medical cannabis collective gardens, passed 10/21/2013
    • Staff Memorandum (Adobe Acrobat Document) to the Bellevue planning commission on medical marijuana collective garden zoning and on recreational marijuana issues. This 45-page memo includes copies of prior memos, proposed zoning, and provides a good overview of issues related to both medical marijuana and recreational marijuana, 07/13/2013
  • Bellingham Ordinance No. 2013-07-048 (Adobe Acrobat Document) - Limits medical cannabis collective gardens to industrial zones in the city, passed 07/01/2013
  • Bonney Lake Ordinance No. 1442 - Amends Ch. 18.04 and 18.08 of the municipal code and Ordinance nos. 740 and 746 relating to Cannabis collective gardens and dispensaries, passed 11/13/2012
  • Buckley Ordinance No. 15-13 (Adobe Acrobat Document) - Extends a six-month moratorium for an additional six months on the establishment, location, operation, licensing, permitting, maintenance or continuation of medical marijuana collective gardens or medical marijuana dispensaries, passed 10/08/2013
  • Castle Rock Ordinance No. 2011-16 (Adobe Acrobat Document) - Amends Ch.17.40, C-2, highway business district, to allow medical marijuana collective gardens on certain properties subject to satisfying siting and permit criteria, passed 12/27/2011
  • Chelan Ordinance No. 2012-1437 (Adobe Acrobat Document) - Adds Sec. 17.04.160, collective gardens, as authorized by Washington law and federal law, shall be permitted in all zoning districts, passed 05/10/2012
  • Clark County Ordinance No. 2013-07-08 - Implementing zoning authority under both RCW 35.63 and the Washington Constitution temporarily prohibiting all Collective Gardens as defined in RCW 69.51A.085, passed 07/09/2013
  • Edgewood
    • Ordinance No. 13-0395 (Adobe Acrobat Document) - Renews interim cannabis regulations of Ordinance No. 13-0392, passed 05/28/2013
    • Ordinance No. 13-0392 (Adobe Acrobat Document) - Adds Ch. 18.110, marijuana related uses; combines issues related to zoning for medical marijuana collective gardens and zoning for recreational marijuana, passed 01/08/2013
    • Ordinance No. 11-0357 (Adobe Acrobat Document) - Amendment to business license provision clarifying that no business license will be issued to a local business for any activity that is illegal under state or federal law, passed 03/22/2011
  • Edmonds Ordinance No. 3833 (Adobe Acrobat Document) - Extends moratorium on the establishment of medical marijuana dispensaries, passed 02/04/2014
  • Ellensburg
    • Ordinance No. 4630 (Adobe Acrobat Document) - Adds Ch. 13.55, Medical Cannabis,[recodifed as Ch. 15.370] passed 12/17/2012
    • Ordinance No. 4619 (Adobe Acrobat Document) - Any development permit application or business license application to conduct a medical cannabis dispensary will be rejected by the City as a matter of course based upon the illegal nature of the activity, passed 01/16/2012
  • Everett
  • Grays Harbor CountyOrdinance No. 404 (Adobe Acrobat Document)- Adopts a moratorium upon medical marijuana collective gardens and other establishments involved in the sale,manufacturing, distribution or use of marijuana, passed 06/03/2013
  • Issaquah Ordinance No. 2633 (Adobe Acrobat Document) - Adopts zoning and licensing regulations for medical marijuana collective gardens, passed 12/05/2011
  • Kent Ordinance No. 4036 (Adobe Acrobat Document) - Adds Secs. 15.02.074 and 15.08.290 the Kent City Code to specify that medical cannabis collective gardens are not permitted in any zoning district within the city, passed 06/05/2012
  • Longview Ordinance No. 3239 (Adobe Acrobat Document) - Adds Ch. 19.72, zoning restrictions on the cultivation of medical cannabis (marijuana) in collective gardens, passed 01/17/2013
  • Mason County Ordinance No. 21-13 (Adobe Acrobat Document) - Adds Sec. 17.09, Collective Gardens; repeals moratorium, passed 04/16/2013
  • Mount Vernon Ordinance No. 3627 (Adobe Acrobat Document) - Adopts findings of fact, zoning, business license, and nuisance regulations related to the cultivation of medical cannabis (marijuana) for personal use, collective gardens, dispensaries, and the production, processing, and retailing of state licensed recreational marijuana uses ; repeals moratorium, passed 03/12/2014
  • Mountlake Terrace Ordinance No. 2617 (Adobe Acrobat Document) - Terminates the existing moratorium on collective gardens and permits medical cannabis collective gardens in the city's light industrial/office park zone. The ordinance also provides for a 500-foot separation distance from parks and other specified uses, passed 05/20/2013
  • Mukilteo Ordinance No. 1304 (Adobe Acrobat Document) - Allows medical cannabis collective gardens as a permitted land use in the light industrial zoning district; adds Ch. 5.70, medical cannabis collective gardens safety license, passed 05/07/2012
  • Pacific County Ordinance No. 168 (Adobe Acrobat Document) - Enacts a zoning moratorium prohibiting the licensing, establishment,maintenance, or continuation of any medical Cannabis collective garden and the dispensing of medical Cannabispassed 08/14/2012, shall remain in effect until repealed or until 02/14/2013, whichever shall come sooner
  • Pasco Resolution No. 3340 (Adobe Acrobat Document) - Extends the current moratorium on medical marijuana collective gardens for another 12 months (the moratorium was originally passed on 06/18/2011), passed 09/06/2013
  • Redmond Municipal Code Sec. 9.14.015 - Medical Use of Marijuana - Adopts RCW 69.51A.010-69.51A.060 by reference
  • Richland Ordinance No. 10-13 (Adobe Acrobat Document) - Amends Richland Municipal Code Sec. 23.08.070. The regulation authorizes the planning manager of the city to not issue permits for any uses or structures that violate any local, state or federal laws. If strictly applied, this would prohibit all medical cannabis and recreational marijuana uses within the city, passed 05/21/2013
  • Ruston Ordinance No. 1364 (Adobe Acrobat Document) - Adds Ch. 25.04, medical cannabis, passed 04/19/2012
  • Sammamish Ordinance No. 2013-361 (Adobe Acrobat Document) - Extends moratorium on the establisment of collective gardens; defines"collective gardens," passed 12/03/2013
  • SeaTac
    • Ordinance No. 12-1011 (Adobe Acrobat Document) - Re-adopts a moratorium on the establishment of medical cannabis dispensaries and collective gardens; medical cannabis dispensaries and medical cannabis collective gardens are designated as prohibited uses; no business license shall be issued to any person or entity for a medical cannabis dispensary and/or a medical cannabis collective garden, passed 07/24/2012
    • Ordinance No. 11-1015 (Adobe Acrobat Document) - Adopts moratorium on the establishment of medical marijuana dispensaries and collective gardens, passed 08/09/2011
    • Materials Presented at a City Council Study Session in support for the governor's petition to reclassify cannabis for medical use from a Schedule I Controlled Substance to a Schedule II under federal law, 02/28/2012
  • Seattle
  • Shoreline
    • Ordinance No. 643 (Adobe Acrobat Document) - Adds Sec. 20.40.275, adds collective gardens for the growing and distribution of medical cannabis as a permitted land use, passed 07/16/2012
    • Ordinance No. 625 (Adobe Acrobat Document) - Extends land use regulations of Ordinance No. 611 for six months; adds Article VII to Ch. 5.07, collective gardens; amends Section 3.01.035(B), license fees for collective gardens, passed 01/09/2012
  • Skamania County Ordinance No 2012-11 (Adobe Acrobat Document) - Adds Ch. 8.80, Collective Medical Cannabis Gardens, passed 12/18/2012
  • Snohomish County Ordinance No. 13-086 (Adobe Acrobat Document) - Adopts development regulations for medical marijuana facilities and marijuana production, processing and retail facilities, passed 11/13/2013
  • Spokane Ordinance No. C-35037 (Adobe Acrobat Document) - Adds Ch. 10.49, Medical Cannabis Collective Garden Regulatory License; Ch. 10.50, State-Licensed Marijuana Producers, Processors and Retailers; Ch. 17C.347, Medical Cannabis Collective Garden or a Retail Outlet for Recreational Marijuana, passed 09/23/2013
  • Stanwood Ordinance No. 1344 (Adobe Acrobat Document) - Provides zoning for medical cannabis collective gardens, passed 05/09/2013
  • Tacoma Ordinance No. 28083 (Adobe Acrobat Document) - Amends Chapter 8.30, Public Nuisances, to identify activities related to cannabis that are nuisances, passed 07/31/2012
  • Tukwila Ordinance No. 2404 (Adobe Acrobat Document) - Renews the moratorium previously imposed on the establishment location operation licensing maintenance or continuation of medical cannabis collective gardens or dispensaries, in effect until May 31, 2014 unless extended by the City Council pursuant to state law, passed 08/05/2013
  • Vancouver Ordinance No. M-4035 (Adobe Acrobat Document) - Adopts zoning restrictions on the cultivation of medical cannabis (marijuana) and in collective gardens; adds Ch. 20.883, Medical Marijuana Collective Gardens, passed 12/03/2012
  • Woodinville Ordinance No. 541 (Adobe Acrobat Document) - Prohibits the establishment of medical cannabis collective gardens and medical cannabis dispensaries, passed 02/21/2012
  • Woodland
    • Ordinance No. 1291 (Adobe Acrobat Document - Renews a moratorium prohibiting the licensing, establishment, maintenance or continuation of any medical Cannabis collective garden; collective gardens are designated as prohibited uses, passed 07/21/2014
    • Ordinance No. 1215 (Adobe Acrobat Document) - Amends Sec. 5.04.090, business license issuance; expands legal compliance to include all local, state and federal laws, passed 07/05/2011
  • Yakima Ordinance No. 2012-03 (Adobe Acrobat Document) - Adds Section 15.01.035; no use that is illegal under local, state or federal law shall be allowed in any zone of the city; such regulation applies to medical marijuana dispensaries and collective gardens, passed 01/17/2012

Model Ordinance

  • Model Ordinance (Microsoft Word Document) prepared by Carol Morris, Morris Law, P.C., Seabeck, WA. Adopting zoning restrictions on the cultivation of medical cannabis (marijuana) for personal use and in collective gardens, describing the land use impacts triggering such restrictions, identifying the permitted zone for collective gardens, establishing separation and distance requirements within the permitted zone, establishing procedures for enforcement of violations including abatement of cannabis nuisances, repealing the moratorium on medical marijuana dispensaries and the interim zoning ordinance on collective gardens.

Additional References

Chronology of Medical Marijuana Regulation in Washington State

March 31, 2014 Update

On March 31, 2014 the Court of Appeals issued a decision that complicates the legal issues involving medical marijuana in Washington. Read New Medical Marijuana Court Decision Adds to the Confusion! for an explanation.

December 20, 2011 Update

Information about the Governor's petition for marijuana reclassification is available on Governor Gregoire's website. See Gov. Gregoire Files Petition to Reclassify Marijuana. Cities interested in supporting the Governor's petition and signing onto a letter endorsing the petition should contact Candice Bock by January 6, 2012. Read the letter of support (Adobe Acrobat Document) from the Association of Washington Cities (AWC).

November 21, 2011 Update

Many Washington cities adopted moratoriums during the summer months, delaying the adoption of zoning or other regulations concerning medical marijuana collective gardens. A review of the various ordinances submitted to MRSC shows that at least three jurisdictions (Castle Rock, Ellensburg and Shoreline) have adopted interim regulations; those ordinances are posted below. In the coming two months many jurisdictions are going to need to adopt their own regulations, or extend their moratoriums.

Last week federal agents raided over a dozen medical marijuana dispensaries in King, Pierce and Thurston counties, making it clear that the federal government will take action against individuals who are operating beyond the scope of allowed activity under the state's current medical marijuana laws. However, we have not seen indications that the federal authorities in Western Washington are intervening if the activity is ostensibly within state law and involves certified medical marijuana patients.

June 16, 2011 Update

As expected, MRSC is receiving inquiries regarding the amendments to the medical Cannabis statutes, particularly the options open to cities and counties in regard to "collective gardens," which are now specifically authorized under state law. First, a caveat: there is going to be confusion regarding regulation of these gardens and medical Cannabis issues in general until the law is amended, by the legislature or by citizen initiative. Here are some of our thoughts on the topic, but we encourage all jurisdictions to review these issues with your own legal advisor. We suspect that there will be significant differences in how various local governments approach these issues.

Cities and counties can place zoning restrictions and impose licensing requirements on collective gardens, but it is not clear whether local governments can totally prohibit them, so long as the collective gardens comply with the restrictions on the numbers of plants and numbers of qualified patients. See Sections 403 and 1102 of E2SSB 5073. Also, Chapter 69.51A RCW still allows a "qualified patient" or a "designated provider" to possess a quantity of Cannabis not exceeding a 60-day supply for a patient, which has been interpreted in the regulations as including up to 15 Cannabis plants, so individual gardens are clearly allowed. [If you have been following this webpage recently you will notice that we have changed our interpretation twice on the issue of whether collective gardens can be prohibited. That is a measure of how we are struggling with interpretation of the provisions that go into effect on July 22nd.

If a city or county refuses to issue a business license or land use permit application for a collective garden, be aware that there are medical marijuana supporters who may choose to file a lawsuit challenging that action. An attorney general opinion on the topic could be helpful. The judicial system may not be of much help; legislative changes to the current statutes are likely before a dispute makes its way through the courts, particularly if there is an appeal. Each city, town and county should discuss how they will respond when a person walks through the door and asks if they can have a collective garden on their property, or asks if they need a permit to have a collective garden.

A storefront dispensary that sold Cannabis to anyone walking in the door with a "qualified patient" card would appear to be in violation of both state and federal laws at this time. However, we don't know how actively federal DEA agents will pursue dispensaries in Washington, and we don't know the intent of city and county law enforcement agencies or prosecutors.

Legislation Update May 25, 2011

Engrossed Second Substitute Senate Bill 5073 passed the legislature on April 22nd, and was partially approved by Governor Gregoire on April 29th. The governor vetoed a significant portion of the legislation and expressed her reservations about certain provisions that involved state employees in activity that could be interpreted as in violation of federal laws. The one remaining piece of legislation dealing with medical Cannabis (SB 5955) has been tabled. Here is a recap of the major provisions of the 2011 legislation (E2SSB 5073) remaining after the governor's veto of certain sections . The following changes will be incorporated into chapter 69.51A RCW, the current RCW chapter dealing with medical marijuana.

  1. Up to ten qualifying patients may join together and have a collective garden with a maximum of 45 plants. [Section 402 of the legislation]
  2. A minimum of 15 days must elapse when a qualified provider switches from being the provider for one qualifying patient to being the provider for a different qualifying patient. This appears to eliminate the argument used by most dispensaries to justify providing Cannabis to multiple patients, one after another. [Section 404]
  3. Nothing in the medical Cannabis statutes require an employer with a drug-free workplace policy to accommodate medical use of Cannabis. [Section 501]
  4. All the provisions in the legislation that provided for licensed producers, processors, and dispensers were vetoed by the governor. [Sections 601 through 611, sections 701 through 705, and sections 801 through 807]
  5. All provisions establishing a state registry for patients, providers, dispensers, and collective gardens were vetoed. [Sections 901-902]
  6. There is a broad indemnity provision that protects local government officials for actions taken to enforce the laws regarding medical Cannabis if they are made in good faith. [Section 1101(2)]
  7. Section 1102 of the legislation provides that cities, towns and counties may adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes. All such regulations could apply to collective gardens, and could prohibit collective gardens from being sited next to or within a certain designated distance of other collective gardens, thus prohibiting large scale grow operations.

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