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?