Grays Harbor County Cannabis Land Use Task Force July 31, 2013 Agenda • Purpose of task force • Getting to know one another • Working agreements • Review state & administrative law • Clarifying interests Purpose of the Task Force How should the county manage land uses associated with medical and nonmedical marijuana production, processing, and sales? • Where? • Conditions/limitations? • Other? Process for achieving our Purpose • Examine legal framework for our work • Explore community interests • Brainstorm & discuss alternatives • Find agreement on works best for our community Introductions • Pick someone you know the least • Interview them for 2 minutes using the form • Introduce your person! Working Agreements • Which behaviors do you think contribute most to a productive working group? Let’s get on the same page and talk about the legal framework first! Legal Framework for our Work • Medical Cannabis, Chapter 69.51A RCW • Initiative 502 Chapters 46.20, 46.61, 69.50 RCW Medical I -502 Cannabis Legal Framework Medical Cannabis RCW 69.51A RCW • Initiative 692 passed by voters in 1998 • Legislature amended in 2011 (ESSSB 5073) – sections vetoed by governor Medical Cannabis – Main Points • Protects qualifying patients and designated providers from penalties • Amounts for patients/designated providers: 15 plants No more than 24 useable ounces Designated provider – only 2 X Medical Cannabis – Main Points “For purposes of this section, the creation of a "collective garden" means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies, and labor necessary to plant, grow, and harvest cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of cannabis plants.” RCW 69.51A.085 Medical Cannabis – Main Points • Allows collective gardens for producing, processing, delivering medical cannabis: No more than 10 qualifying patients 15 plants per patient - up to total of 45 plants 24 useable ounces per patient - up to 72 useable ounces total Product only to those participating Medical Cannabis – Main Points • Allows cities & counties authority to adopt and enforce regulations: Zoning, business license, health & safety requirements, business taxes Medical Cannabis – Main Points • Dispensaries ≠ collective gardens • However: No limit on the number of collective garden memberships a person can hold No limit on the amount of time a person must maintain membership to a collective garden Medical Cannabis – Main Points • US Department of Justice adopted formal guidelines for prosecutors’ discretion when reviewing cases • Does NOT legalize medical cannabis under federal law Initiative 502– Main Points • Legalized individual possession & use of marijuana 21 years and over Allows possession up to 1 ounce of marijuana, 16 ounces of an infused product Standards for impaired driving Initiative 502– Main Points • Legalized individual possession & use of marijuana 21 years and over Allows possession up to 1 ounce of marijuana, 16 ounces of an infused product Standards for impaired driving Individuals cannot grow their own Initiative 502– Main Points • Sets up system for licensing producers, processors, & retailers • Places 25% excise taxes on Producer to processor/producerprocessor Processor to retailer Retailer to customer Initiative 502– Main Points • Allows additional general, state, and local sales taxes on top • Limits number of retail outlets – but not producers and processers • Gives Liquor Control Bill right to pass procedures (Washington Administrative Code – WACs) Initiative 502– Main Points • Draft regulations: Chapter 314-55 WAC • Specifics on applications for, awarding, and managing licenses for production, processing & retail licenses through WSLCB Initiative 502– Main Points • Places 1,000’ location restriction: Schools Playgrounds, rec centers/facilities Childcare center Public parks, libraries Game arcades Initiative 502– Main Points • Producer must be in a secure indoor facility, greenhouse, or field • Producer, producer/processor • Retail only (includes paraphernalia) • Requirements for waste disposal • Requirements for extraction processes Medical vs. Recreational Cannabis • Are they so different or can we lump them together? Legal Framework Questions and group discussion?