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 non- medical marijuana production, processing, and sales? Where? Conditions/limitations? Other? We need to figure out zoning? Yep!

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! State Law Discussion

Legal Framework for our Work Medical Cannabis, Chapter 69.51A RCW Initiative 502  Chapters 46.20, 46.61, RCW I -502 Legal Framework Medical Cannabis

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/producer- processor  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 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?