Federal Way Council temporarily bans medical marijuana businesses, delays action on recreational marijuana

The Federal Way City Council unanimously voted to impose a year-long moratorium on medical marijuana businesses, collective gardens and dispensaries at a council meeting on Tuesday.

The Federal Way City Council unanimously voted to impose a year-long moratorium on medical marijuana businesses, collective gardens and dispensaries at a council meeting on Tuesday.

At the same meeting, they voted 5-2 against an ordinance that would have amended city zoning code to allow the sale, processing and production of recreational marijuana in two types of city zones, community business and commercial enterprise zones.

All recreational marijuana-related businesses are temporarily banned in Federal Way until May 5, when the moratorium is lifted.

The medical-marijuana business moratorium allows city staff to form a work group and fully study medical marijuana in Washington state before the council will vote.

But because the council didn’t vote on the recreational marijuana ordinance, staff was directed to bring forward options to completely ban recreational marijuana stores, processing and producing facilities or to extend another moratorium at the April 7 council meeting.

While some council members, such as Martin Moore and Bob Celski, wanted the issue to be resolved as soon as possible, others such as Councilwomen Susan Honda, Dini Duclos and Deputy Mayor Jeanne Burbidge expressed the need for more time to study the issue and to observe whether the state Legislature would allow cities to someday get a piece of the marijuana-revenue pie.

As of right now, House Bill 2136 calls for marijuana tax revenues to local jurisdictions at an annual cap of $20 million until 2022.

However, city officials pointed out that the bill may not make it through this Legislative session, which ends April 26, and it could come up in subsequent special sessions.

“I believe, because the voters of the state voted for this, we need to listen to our voters,” Honda said, adding that, if the ordinance was passed, she would expect a police crackdown on apprehending violators and felons who sell marijuana illegally.

Honda and Duclos were the two council members to vote for the ordinance, despite having major concerns about the potential impact.

“I think we need to move forward with a ban,” Celski said, noting his concerns with public safety and health.

The council has already enacted two moratoriums, one year-long and the current six-month long temporary ban.

Councilwoman Kelly Maloney said she was concerned that allowing marijuana-related businesses in Federal Way would send the message to children that since adults have condoned it that kids would gain the perspective that using marijuana is “more OK than what it is” in terms of health and safety.

Moore, a previous proponent of allowing marijuana-related businesses in Federal Way, changed tunes at the meeting, stating he’s “on a mission to create a positive image for Federal Way” and that he didn’t want “to be driving down and seeing pot stores” or stand near a “pot shop” and smell it.

Currently, the Washington Liquor Control Board, the organization that enforces the business rules and regulations, has a law in place that disallows marijuana aroma from stores or facilities and has restrictions for advertising.

The council enacted the current moratorium on Oct. 21, 2014, which took effect on Nov. 24. This was the second moratorium after the council enacted a year-long ban on the businesses on Nov. 5, 2013.

The Planning Commission had recommended the council ban marijuana-related businesses on Sept. 17, 2014 and the Land Use and Transportation Committee voted to forward marijuana business moratorium to the council. But when it was time for the council to vote in October, the majority agreed there wasn’t enough information for council members to make a decision and the moratorium was extended.

If the council doesn’t decide to enact a ban or moratorium at the next council meeting, the moratorium will expire on May 5 and all zones will be available for marijuana retail, processing and producing businesses as long as they follow the Washington State Liquor Control Board’s 1,000-foot buffer between schools, playgrounds, recreation centers, child care, parks, public transit centers, libraries and game arcades.

Currently, the city of Federal Way has 15 marijuana retail applicants, however, per state law, only five are allowed in Federal Way. Four business owners have applied for marijuana-producing licenses and three of those four have also applied for processing licenses. There is no limit to how many marijuana processing or producing facilities a city can have.