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Tuesday, July 19, 2011

Shoreline City Council adopts interim regulations for medical-marijuana collective gardens and establishes a six-month moratorium

From the Office of the City Manager

On July 18, 2011, the Shoreline City Council adopted Ordinance 611 establishing a six-month moratorium on the filing or acceptance of any applications for development of land or business licenses for collective gardens used to grow medical-cannabis except those in compliance with adopted interim regulations.

In response to the new rules established by the legislature regarding the growing and distribution of medical-cannabis, the Shoreline City Council believed it was in the City’s best interest to establish interim legislation and a zoning moratorium pending review of anticipated changes to Shoreline’s municipal code.

Absent regulations, the Council believed that acceptance of development applications proposing collective gardens may allow development that is incompatible with nearby existing land uses and lead to erosion of community character. The six-month moratorium on the filing of certain applications for development or licensing of collective gardens permitted by state law and current Shoreline regulations will prevent substantial change until the land areas and the text of development standards applicable to collective gardens is reviewed and any needed revisions are made to the development code.

The new state law authorizes "collective gardens," which allow qualifying patients the ability to produce, grow and deliver cannabis for medical use. It also authorizes local municipalities to adopt location, health and safety regulations of such collective gardens.

Shoreline’s interim regulations require collective gardens to meet the following criteria before any permit or business license may be issued:

A. There shall be no more than one collective garden permitted on a property tax parcel.

B. Collective gardens may only be located in the following zones: neighborhood business, office, commercial business, North City business district, mixed use zone and industrial.

C. A collective garden or facility for delivery of cannabis produced by the garden may not be located within 1,000 feet of schools, and not within 2,000 feet of any other collective garden or delivery site.

D. Any transportation or delivery of cannabis from a collective garden shall be conducted by the garden members or designated provider to ensure quantities of medical-cannabis do not exceed what is permitted by state law.

A public hearing to take testimony concerning the moratorium is scheduled for 7:30 p.m. September 12 at Shoreline City Hall. The City Council has directed the Shoreline Planning Commission to review and recommend permanent regulations to replace the interim regulations.

The moratorium took effect immediately upon adoption.


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