Marijuana in Seattle-zoning laws

Discussion in 'Marijuana News' started by jainaG, Dec 28, 2015.

  1. #1 jainaG, Dec 28, 2015
    Last edited: Dec 28, 2015
    http://www.seattle.gov/council/issues/MarijuanainSeattle.html#zoning

    A little history . . .

    In 2012, Washington state voters approved I-502
    legalizing the possession of small amounts of marijuana, and directing
    the Washington State Liquor Control Board to develop a process for
    regulating marijuana production, processing, selling, and delivery.
    I-502 includes a provision creating a civil infraction for consuming
    marijuana in public, with a fine up to $50.



    (I-502: http://www.liq.wa.gov/publications/Marijuana/I-502...)

    The City Council passed Ordinance 123661
    in 2011, clarifying that the manufacture, production, processing,
    possession, transportation, delivery, dispensing, application, or
    administration of marijuana must comply with all applicable City laws,
    and that compliance with City laws does not constitute an exemption
    from compliance with applicable state and federal regulations.


    Marijuana Zoning Legislation

    Washington State approved the production and sale of
    marijuana for medical and recreational use in November 2012. On
    October 7, 2013, Council adopted where larger-scale marijuana-related
    activities should be limited in Seattle.

    Adopted Legislation

    What does the legislation do?

    Limits are placed on where larger-scale marijuana
    activities can occur in Seattle. Specifically, the activities are the
    "processing, selling, or delivery of marijuana, marijuana-infused
    products, or useable marijuana."

    The limits are consistent with the level of activity allowed for what the state defines as a single "collective garden."

    The limits do not require a land use permit
    specifically to conduct marijuana-related activities. Although a
    property owner might need to obtain a permit to establish, for
    example, an agricultural or retail use, the City will not require
    the applicant to identify that the use is marijuana-related.

    Generally, limits will not apply in
    Neighborhood Commercial 2 & 3, Commercial 1 & 2,
    Industrial Zones, and certain Downtown zones (detailed location
    breakdown, with exceptions [including special review districts] here)
    The ordinance defines certain terminology related to marijuana in the land use code.

    The ordinance clarifies the intent of, and impose a
    size limit on, indoor agricultural operations in industrial areas. This
    change applies to any agricultural use in industrial areas,
    including marijuana production.

    Where do federal, state, and city limits apply?

    Most marijuana-related activity remains subject to federal criminal laws throughout the nation.

    State law currently regulates medical and recreational marijuana differently.

    Under Initiative 502, recreational marijuana producers,
    processors, and retailers in Washington will have to obtain a license
    from the State Liquor Control Board. The Board may not issue such a
    license for any business within 1,000 feet of an elementary or secondary
    school, playground, recreation center or facility, child care
    center, public park, public transit center, library, or game arcade
    that allows minors to enter. As a practical matter, this will limit
    where recreational marijuana-related activity will occur in Seattle.

    The ordinance requires existing lots, businesses, and dwelling
    units where marijuana-related activities are being conducted must
    comply with the legislation by 2015.

    In addition, the proposed Seattle ordinance limits the level
    of marijuana-related activity that may occur in residential
    neighborhoods (e.g., single family zones) and other areas, such as
    historic districts.


    Public Smoking Fines

    Council adopted legislation which set the fines for smoking marijuana in public at the same level as public consumption of alcohol, $27.

    The legislation:

    Notes that the Seattle Police Department will issue a warning to offenders whenever practical before issuing a citation
    Requires SPD to monitor enforcement by age, race, sex
    and locations of any citations, so Council can evaluate whether the
    law is being equitably enforced


    Incorporating Medical Marijuana

    Adopted Legislation



    Council extended until July 1, 2015 the deadline for lots,
    business establishments, and dwelling units where the production,
    processing, selling, or delivery of marijuana was being conducted prior
    to November 16, 2013 to comply the regulations adopted by Ordinance
    124326. These regulations include restrictions on the production,
    processing, selling, and delivery of marijuana in certain zones.
    Ordinance 124326 also set a deadline of January 1, 2015 for existing
    lots, business establishments, and dwelling units to comply with the
    regulations.

    The intent of the initial deadline was to provide time for
    implementation of medical marijuana legislation created by the
    Washington legislature in 2014, and to evaluate the initial
    implementation of Initiative 502, which set up a state licensing system
    for recreational marijuana. Since the state did not adopt new medical
    marijuana regulations in 2014, and because there will not be adequate
    time to evaluate the implementation of the recreational marijuana system
    under Initiative 502 by the end of 2014, the legislation proposed a
    six-month extension of the original deadline to July 1, 2015.

    The Full Council unanimously approved the extension legislation on September 2, 2014.




    Business License Tax

    Council adopted legislation to clarify that the "farmer" and "agricultural product" exemptions for the business license tax
    do not apply to marijuana products. The business license tax is also
    known as the business and occupation (B&O) tax. The B&O tax
    does not apply to businesses with under $100,000 in annual taxable
    gross revenues, under legislation passed by the Council in 2009.

    The tax rate is 0.215%, or $2,150 for $1 million in gross taxable revenue.



    History

    In 1998, Washington voters passed I-692, approving medical
    use of marijuana by patients with qualifying conditions. In 2011 the
    state legislature passed a bill permitting collective gardens by
    medical marijuana patients, and stating that cities may use their
    zoning authority to regulate.

    The City Council passed Ordinance 123661
    in 2011, clarifying that the manufacture, production, processing,
    possession, transportation, delivery, dispensing, application, or
    administration of marijuana must comply with all applicable City laws,
    and that compliance with City laws does not constitute an exemption
    from compliance with applicable state and federal regulations.

    In 2012, Washington state voters approved I-502
    legalizing the possession of small amounts of marijuana, and directing
    the Liquor Control Board to develop a process for regulating
    marijuana production, processing, selling, and delivery. The state is
    in the process of developing regulations. The Board maintains a website with information on its implementation of I-502.


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