2012 02 13 regulation of island alternative medicine collective gardens in the city of langley

8/2/2019 2012 02 13 Regulation of Island Alternative Medicine Collective Gardens in the City of Langley

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arris600 Stewart Street, Suite 1200

98101TeJ(206)224-5657Fax(206)224-5659

www.b s r rimo ur c.c om

TO: L AN G LE YC IlY C O UN CIL

F R O M : I sl an d A l te r na t iv e MedicineFEBRUARY 13, 2012Regulation of Islan d A lterna tive M ed icine C ollectiv e G ard en s in theC ity o f L an gley

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qualifying patients who professionally manage collective gardens in order to distribute cannabisto other qualifying patients, all as authorized by RCW 69.SIA,et seq. A copy ofIsland Alternative'sproposed business model is attached hereto as Exhibit 1.

On July 22,2011,Senate BillS073 came into effect, which revised portions ofRCW 69.StA.Pursuant to revised RCW 69.SIA.140(1),cities may regulate medical cannabis collective gardens.'In July 2011(and thereafter), cities across Washington State varied in their reaction to the newcollective garden laws. Some cities, like Everett and Kent, enacted year-long moratoriums oncollective gardens, only grandfathering in a couple of collective garden operations, until the Citycould investigate the new laws further. Other cities, like Seattle, Issaquah, and Mukilteo,eventually chose to embrace collective garden regulation. Still,other cities entirely failed toregulate and eventually found themselves embroiled in administrative litigation for lack ofregulation or a moratorium, like Lacey and Bellingham.

The bottom line is that cities in Washington can and should regulate collective gardenspursuant to meaningful and sensible rules that encompass a balance between patient demand formedical cannabis and the public's safety concerns. It is Island Alternative's desire that, after athorough review of Island Alternative's proposed business model and a discussion aboutWashington's medical cannabis laws, the City of Langley will be able to enact collective gardenregulations that recognize and satisfy both the rights of qualifying patients as well as the City'sapprehensions about medical cannabis, if any.

3RCW.69.StA.140(1) provides that "[cjities and towns may adopt and enforce any of the following pertainingto the production, processing, or dispensing of cannabis or cannabis products within their jurisdiction:Zoning requirements, business licensing requirements, health and safety requirements, and business taxes.Nothing in chapter 181, Laws of 2011 is intended to limit the authority of cities and towns to impose zoningrequirements or other conditions upon licensed dispensers, so long as such requirements do not precludethe possibility of siting licensed dispensers within the jurisdiction. If the jurisdiction has no commercialzones, the jurisdiction is not required to adopt zoning to accommodate licensed dispensers."

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II. WASHINGTON STATE'S MEDICAL CANNABIS LAWSRCW 69.SIA, et seq., encompasses Washington State's medical cannabis laws. That statute

makes clear that only qualifying patients may access cannabis for medical purposes without threatof criminal conviction pursuant to Washington State's Uniform Controlled Substances Act. RCW60.S1A,et seq. Moreover, qualifying patients may participate in collective gardens in order toaccess their medicine. Namely, RCW 69.SIA.o8Sprovides that:

(1 ) Qualifying patients may create and participate in collective gardens for thepurpose of producing, processing, transporting, and delivering cannabis formedical use subject to the following conditions:(a) No more than ten qualifying patients may participate in a single collectivegarden at any time;(b) A collective garden may contain no more than fifteen plants per patient up to atotal of forty-five plants;(c) A collective garden may contain no more than twenty-four ounces of useablecannabis per patient up to a total of seventy-two ounces of useable cannabis;(d) A copy of each qualifying patient's valid documentation or proof of registrationwith the registry established in *section 901of this act, including a copy of thepatient's proof of identity, must be available at all times on the premises of thecollective garden; and(e) No useable cannabis from the collective garden is delivered to anyone otherthan one of the qualifying patients participating in the collective garden.RCW 69.S1A.o8S{l)(a)-(e)

The collective garden law goes onto state that:...the creation of a "collective garden" means qualifying patients sharingresponsibility for acquiring and supplying the resources required to produce andprocess cannabis for medical use such as, for example, a location for a collectivegarden; equipment, supplies, and labor necessary to plant, grow, and harvest

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cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies, and labornecessary for proper construction, plumbing, wiring, and ventilation of a garden ofcannabis plants.

III. COLLECTIVE GARDEN ACCESSPOINTSBefore Senate BillS073 was passed into law, Governor Christine Gregoire vetoed portions

of that bill that would have created a regulatory scheme for dispensaries. Dispensaries have nolegal definition, but are commonly known as for-profit medical cannabis operations notnecessarily staffed by qualifying patients. As a result of Gregoire's vetoes, "dispensaries" are per seillegal in the State ofWashington. Nonetheless,RCW 69.SIA states that:

Nothing in this chapter shall be construed to supersede Washington state lawprohibiting the acquisition, possession, manufacture, sale, or use of cannabis fornonmedical purposes. (emphasis added).RCW 69.SIA.020

However, RCW 69.SIA.025 also mandates that:Nothing in this chapter or in the rules adopted to implement it precludes aqualifying patient or designated provider from engaging in the private,unlicensed, noncommercial production, possession, transportation, delivery, oradministration of cannabis for medical use as authorized under RCW69SIA.o4.RCW 69.SIA.025While dispensaries are illegal, State law does not yet mandate incorporation of any kind in

order to run a lawful collective garden. In fact, unregulated medical cannabis farmer's markets arestill permitted in Washington State. As a result, from the ambiguity created RCW 69.SIA, inaddition to the prohibition on "dispensaries," industry business and criminal attorneys crafted theterm 'access point' to refer to the physical location where qualifying patients can come to literallyaccess their medical cannabis from various collective gardens. Whether or not that access point is

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incorporated as a business entity is entirely up to the qualifying patients running it since State lawdoes not require such incorporation.

IV. COMMON COLLECTIVE GARDEN REGULATION ISSUESWhile this memo cannot cover the complicated gamut of regulation issues encompassed

by medical cannabis, the following sections will address common regulatory issues cities inWashington have routinely faced since the passage of Senate BillS073.A. Membership in a Collective Garden.

Washington State law requires that "[n]o more than ten qualifying patients mayparticipate in a single collective garden at any time." RCW 69.SIA.o8S(I)(a). Other than theprovisions ofRCW 69.SIA.o8S, Washington's medical cannabis laws do not define "membership"in a collective garden. As a result, Washington cities have been in conflict over what membershipin a collective garden means and whether or not cities actually have the requisite authority toregulate collective garden membership.

Recall, State law provides that cities may regulate collective gardens through "[zjoningrequirements, business licensing requirements, health and safety requirements, and businesstaxes." RCW 69.SIA.140(1). Arguably, a city's regulation of patient access to collective gardenscould fall under "health and safety requirements," but cities that have attempted to enact thoseregulations have met sharp opposition under Constitutional principles offreedom of choice.Ellensburg, Shoreline, and Lacey are cities that favored regulation of patient access to medicine,much to the ire of qualifying patients in those towns. Copies of Ellensburg's Collective Gardenordinance and Lacey's interim Collective Garden ordinance are attached hereto as Exhibit 2.Forexample, when Shoreline proposed to regulate patient access to collective gardens, the city wasfaced by an angry qualifying patient constituency arguing by analogy that local governments do

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not regulate their drug stores in such a manner and that, if apatron would rather chooseWalgreens over Bartell's, he should have the right to do so. Shoreline ultimately chose to declineregulation of patient access to collective gardens. A copy of Shoreline's Collective Gardenordinance is attached hereto as Exhibit 3.

On the other end of the spectrum, cities such as Issaquah and Seattle have weighedwhether to enact restrictions on patient access and have thought better of it from the inception oftheir regulations. A copy of Seattle's Collective Garden ordinance is attached hereto as Exhibit 4.During Issaquah's recently lifted moratorium on collective gardens, the city issued to the public astaff report on its investigations into proposed collective gardens. In that report, the city drafted a"Questions and Responses" section wherein it asked: "Can Issaquah add restrictions to limitcollective gardens to just 10 members over a certain period of time, and/or apply the 15day rule tocollective garden members?" The City answered its own question by responding that ''Yes,however doing so would increase the city's legal risk as such regulation could be determined notto be in compliance with State law." Copies of that Staff Report and outline ofIssaquah'sCollective Garden regulations are attached hereto as Exhibit 5. Cities can certainly try to regulatepatient access, but the City ofIssaquah makes a good point- "[tjhe legal risk is higher [for thecity] if the city adopts regulations that are stricter than State law." Id., pg. 4.

In trying to interpret what "membership" in a collective garden means, some cities havetried to restrict membership in a collective garden through time controls. Some cities are treatingcollective garden access points like "designated providers." RCW 69.51A.I00(2) requires that

4 RCW 69.StA.OlO(1) defines "Designated provider" as a person who: (a) Is eighteen years of age or older;(b) Has been designated in writing by a patient to serve as a designated provider under this chapter;(c) Isprohibited from consuming marijuana obtained for the personal, medical use of the patient for whom theindividual is acting as designated provider; and (d) Is the designated provider to only one patient at anyonetime.

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designated providers service qualifying patients only every 15days-this waiting period does notapply to collective gardens. RCW 69.5IA.085. Nonetheless, in its collective garden regulations,Ellensburg mandates that qualifying patients may join collective gardens, but that they must waitat least 15days before they can join another collective garden. Ex. 1.Even more restrictive, the cityof Lacey proposes in its collective garden ordinance that qualifying patients must wait at least 30days before being allowed to join other collective gardens. Id .

Other cities have shied away from regulating membership in a collective garden throughtime restraints. Seattle's ordinance does not include any time limitations on access therebyallowing qualifying patients to move freely in and out of collective gardens. And, in its analysis ofthe issue, Issaquah specifically asked itself if "...the 15day rule [applies] to collective gardens?" towhich it answered "No." Ex, 4, pg+ In its staff' report, Issaquah goes on to write, "So a qualifyingpatient could walk in the door, become a collective garden member, do their business, and quittheir membership when they walk out the door? [sic]" In answer to that potential scenario,Issaquah responds that "Yes, that is a possible interpretation of state law." Id. As one can see,cities have weighed the issue of membership according to their own interpretation of State law.And those cities that have been more restrictive than not in their regulation of collective gardensclearly run the risk of incurring lengthy litigation and dissent from qualifying patients.B. Zoning,Permitting, Licensing,and Taxation.

Collective Garden zoning, permitting, licensing, and taxation have been met with lessresistance by the medical cannabis community, essentially because it is quite clear that, pursuantto State law, cities can regulate access points in those ways. Certain cities have regulated zoning

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so that access points can be neither within 1,000 feet of a school nor within a certain amount offootage from each other. For example, the City of Mukilteo zoned collective gardens into lightindustrial areas and, in that zoning district, prohibited access points from existing within 500 feetof each other. Essentially, Mukilteo utilized zoning in such a way that it limited the amount ofaccess points that could operate in that city. A Copy ofa draft of Mukilteo's Collective Gardenregulations is attached hereto as Exhibit 6. Thus far, no zoning challenges have been broughtagainst Mukilteo by any access points in that area.

Regarding licensing and permitting, various cities have also required that any prospectivecollective gardens must obtain licenses or permits in order to maintain such gardens within citylimits. See EX.l,Ex. 2, and Ex. 5. Licensing and permitting, while adding an additional layer oftransparency to prospective gardens, has also acted as a source of revenue for cities that haverequired such action, as long as the requirements for such licenses and permits adhere to Statelaw requirements. Exs. 1, 2, 4, and 5.

Concerning taxation, it is unclear whether cities may lawfully tax medical cannabis accesspoints because State law sheds little light on the issue, only allowing cities to impost "businesstaxes." RCW 69.SIA.140(1). Nonetheless, the State Department of Revenue and the InternalRevenue Service have both declared, via public memos and available case law, that medicalcannabis access points will be obligated to pay various taxes for their medical cannabisoperations. In its staff report, Issaquah analyzed whether or not it could tax medical cannabis andfound that:

In general, the city may impose taxes designed to both cover the cost of regulationand to raise revenue. Since collective gardens are not businesses, per se, and sincethe sale of marijuana is illegal under state and federal law, the city may not be ableto levy B&O taxes or assess sales taxes. Therefore, any tax established by the citywould need to have a different way to levy a tax, such as per gram, per plant, per

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member, etc. Due to the vagueness of state law, levying taxes on medicalmarijuana could increase the city's legal risk as such taxation could be determinednot to be in compliance with state law.Ex. 4, pg. 6.

C. Public Safety.A large part of public safety concerns about medical cannabis is based upon product

quality control. State law does not mandate that collective garden medical cannabis be regulatedor tested for quality, potency, or toxicity. Therefore, the question becomes whether a city canexecute quality control over the medical cannabis coming from and going into the collectivegardens in its city limits. That answer will be based upon whether the city of Langley regulates itsother businesses for product quality control and whether or not Island County has any publichealth laws of its own. Currently, the Washington State Department of Health has remainedsilent on any prospective regulation of the quality of medical cannabis. At the least, whenexamining what other cities have done, the city of Seattle requires that collective garden accesspoints abide by State Department of Health regulations for food preparation, including obtaininga food handler's permit and working out of a commercial kitchen. Ex. 3.

The cities of Lacey, Bellingham, and Tacoma are all fighting to shut down access pointsbased on allegations of public safety-each city has maintained its own arguments (which can befound in the public record) as to why access points pose public safety hazards. While qualifyingpatients clearly have rights to use cannabis for medical purposes, cities are ultimately chargedwith regulating those access points to balance qualifying patients' needs and the safety of theircommunity. It is trying for both sides when a city fights hard to constructively ban something thatit could just regulate. Instead of devoting tax payer dollars to endless litigation, cities, accesspoints, and patients would undoubtedly be better off if cities took the time to investigate

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collective gardens, and what those gardens could mean for their town, ultimately culminating inregulation that would try to satisfy qualifying patients' rights and public concern.

V. CONCLUSIONIsland Alternative is not asking the City to turn a blind eye to its activities. Quite the

opposite, Island Alternative wants to know exactly what it must do to comply with all State andcity of Langley laws. Island Alternative cannot accomplish that goal unless and until the city ofLangley decides to regulate collective gardens and access points. Additionally, in order to avoidany litigation and a waste of tax payer dollars, those regulations should not be stricter than thosecreated by State law. Regulation of collective garden regulation can work effectively as proven bySeattle, Mukilteo, and Issaquah. Island Alternative welcomes this opportunity to discuss medicalcannabis and how it can benefit both qualifying patients and the city of Langley.

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EXHIBIT 1


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600 Stewart Street, Suite 1200Seattle,WA 98101

Tel(206)224-5657Pax(206)224-5659

www.h ar ri m o u r e .x o mfir [email protected]
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What RCW69.StA.o8Smeans:1. You must be a "Qualifying Patient" to participate or create any Collective Garden.The law clearly limits participation in the Collective Garden system to qualifying patients' only.This means that any person who operates or participates in a Collective Garden must have validdocumentation" from his or her health care professional' that authorizes him or her as aqualifying patient in the State of Washington. By law, Collective Gardens cannot be accessed byDesignated Providers since the CollectiveGarden system is solelyqualifyingpatient-based.2. Any Collective Garden must have at least one qualifying patient member and nomore than ten qualifying patient members at any time. In order to have any medicalcannabis (plants or useable cannabis) in a CollectiveGarden, there must be at least one qualifyingpatient member in the Collective Garden. The law clearly limits membership to ten qualifyingpatient members at any time. At no point can any Collective Garden have more than tenqualifyingpatient members.

1RCW 69.51a.01O(4) defines "qualifying patient" as "...a patient ofa health care professional; [who]...hasbeen diagnosed by that health care professional as having a terminal or debilitating medical condition[who] [iJs a resident of the state of Washington at the time of such diagnosis; [who] [h]as been advised bythat health care professional about the risks and benefits of the medical use of marijuana; and who [h]asbeen advised by that health care professional that they may benefit from the medical use of marijuana.RCW 69'SIA.OlO(6) defines "terminal or debilitating medical condition" as "Cancer, humanimmunodeficiency virus (HN), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders;or Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medicaltreatments and medications; or Glaucoma, either acute or chronic, limited for the purpose of this chapter tomean increased intraocular pressure unrelieved by standard treatments and medications; or Crohn'sdiseasewith debilitating symptoms unrelieved by standard treatments or medications; or Hepatitis C withdebilitating nausea or intractable pain unrelieved by standard treatments or medications; or Diseases,including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, musclespasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or Anyother medical condition duly approved by the Washington state medical quality assurance commission inconsultation with the board of osteopathic medicine and surgery as directed in this chapter.";!. RCW 69.SIA,OIO (7) defines "valid documentation" as "a statement signed and dated by a qualifyingpatient's health care professional written on tamper-resistant paper, which states that, in the health careprofessional's professional opinion, the patient may benefit from the medical use of marijuana; and (b)Proof of identity such as a Washington state driver's license or identification card, as defined in RCW46.20035."RCW 69.SIA.OlO(S) defines "tamper-resistant paper" as "...paper that meets one or more of the followingindustry-recognized features: (a) One or more features designed to prevent copying of the paper; (b) One ormore features designed to prevent the erasure or modification of information on the paper; or (c) One ormore features designed to prevent the use of counterfeit valid documentation. ~3 RCW 69.SIA.OIO(2) defines "health care professional" as "...a physician licensed under chapter lB.a! RCW, aphysician assistant licensed under chapter Jlb:lA RCW, an osteopathic physician licensed under chapter! 8 . . s 1 RCW, an osteopathic physicians' assistant licensed under chapter 18'57A RCW, a naturopath licensedunder chapter 18.36A RCW, or an advanced registered nurse practitioner licensed under chapter llt:z9RCW."
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3. Qualifying Patients can be members of more than one Collective Garden at thesame time. There isnothing in the text ofthe lawthat prohibits a qualifyingpatient from joiningmultiple Collective Gardens. This means that a qualifying patient can become a member in asmany CollectiveGardensas heor she wants.4. There can be multiple Collective Gardens in one location. There is nothing in thetext of the law that prohibits a qualifyingpatient fromcreatingmultiple CollectiveGardens in onephysical location. This means that one Cooperative could have as many CollectiveGardens as itsmembers need.5. ACollective Garden can have fifteen plants per patient up to forty-five plants.Belowisa chart showing the qualifyingpatient member to plant ratio:

~umber of Qualifying Patient Maximum Number of PlantsMembers inthe Collective Garden: ~llowed in the Collective Garden:1 52 B O3 1 4 54 f 4 55 f 4 56 f 4 57 f 4 58 1 4 59 f 4 5~o f 4 5

6. A Collective Garden can have twenty-four ounces of useable cannabis per patientup to seventy-two ounces of useable cannabis. Below is a chart showing the qualifyingpatient member to useable cannabis ratio:

~umber of Qualifying Patient ~aximum Amount of UseablelMembers in the Collective Garden: Cannabis Allowed in the Collective

Garden (inounces):~ 1 2 41 2 - f4 8B ~2f 4 ~25 ~26 ~27 ~28 ~29 1 720 ~2
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7. The Collective Garden must keep copies of each qualifying patient's proof ofidentification and proof of authorization on the premises. If anyone joins as a member of aCollective Garden, the Collective Garden must keep copies of the qualifying patient's proof ofidentification and proof of authorization. If there are a number of Collective Gardens at onelocation, the qualifying patient members that manage the Collective Garden must keep all of themembers' copies on hand at the location.8. A Collective Garden can only provide useable cannabis to members of thatCollective Garden. In order to provide useable cannabis to a qualifying patient, the qualifyingpatient must become a member of the CollectiveGarden that is providing that qualifyingpatientuseable cannabis. Providing useable cannabis to a qualifyingpatient that is not a member of thatCollective Garden is a clear violation of the law.9. A Collective Garden can accept donations from qualifying patient members inexchange for providing medical cannabis. Qualifyingpatient members of a Collective Gardenshare the responsibility ofoperating that Collective Garden. Any resources that would benefit theoperation and maintenance of the CollectiveGarden are acceptable as donations.The Cooperative Business Model:In order to provide efficient access to multiple Collective Gardens, it is advisable to organizemultiple Collective Gardens under a Cooperative. The Cooperative shall be a not-for-profitcooperative association pursuant to Washington State law. The Cooperative and the associatedCollective Gardens may, but do not necessarily need to, operate at the same physical location.Qualifying Patients seeking membership in a Collective Garden associated with a Cooperativewould first become members in the Cooperative. Membership in the Cooperative would have thesame requirements as becoming a member in a CollectiveGarden: a qualifyingpatient would haveto provide valid proof of Washington State identification and valid proof of authorization from aWashington medical professional. The Cooperative would keep copies of these documents on thepremises at all times.The Cooperative must verify a prospective member's medical authorization. Proper verificationrequires that the Cooperative verify that the doctor who has issued the authorization is a licensedhealthcare provider in the state of Washington and that the contact information provided by theprospective member is valid. If the healthcare provider and his or her contact information arevalid, the Cooperative shall contact the healthcare provider and verify that the medical cannabisauthorization is valid. If the healthcare provider refuses to disclose this information, theprospective member shall fill out a HIPAAdisclosure form, and that form shall be provided to thehealthcare provider.The Cooperative must verify that the prospective member's medical cannabisauthorization is valid before allowing him or her to become a member. The Cooperativewill routinely check the date of expiration on the patient's cannabis authorization.Once a qualifying patient has become a member of the Cooperative, he or she may then join anyCollective Garden associated with the Cooperative.
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Collective Garden Membership: RCW 69.5:tA, et seq., fails to define Collective Gardenmembership. As such, membership in a garden is determined by the time it takes for a qualifyingpatient to receive their medical cannabis from the Collective Garden. For example, a qualifyingpatient, only after verification, may then choose their medical cannabis from the CooperativeCollective Garden inventory. Upon choosing their medicine, the Cooperative shall join thatqualifying patient to the garden of that patient's choice in order for that patient to receive theirmedical cannabis. Upon receipt of their medical cannabis, the Cooperative shall revoke thatqualifying patient's membership in that Collective Garden, ever mindful of the lO-person limit ineach CollectiveGarden.Core Members: Core members are members in a Collective Garden who permanently remainmembers of that Collective Garden. The purpose of core members is to ensure that the CollectiveGarden in which they are members always has at least three qualifying patient members. Byhaving three permanent members in a Collective Garden, that Collective Garden can have themaximum allowable plants and useable cannabis. It is important to know that any and allvolunteers and/or employees of the Cooperative shall be qualifying patients.

Grower-based Collective Gardens: AnyCollective Garden that contains useable cannabis grown byan actual garden must be limited to useable cannabis grown by that garden. For example, ifGrower X is a member of Collective Garden A, and Grower Xs garden has 15 plants, CollectiveGarden A can only contain useable cannabis produced by those 15 plants. If Collective Garden Ahas three core members, Grower X can produce useable cannabis from 45 plants, but CollectiveGarden A can contain useable cannabis from only those 45 plants.Vendor-Based Collective Gardens: Any Collective Garden that contains useable cannabis providedby a vendor can only contain useable cannabis provided by that vendor. The vendor must alsobecome a member of the Cooperative and the Collective Garden to which he or she is donating inorder to be able to donate useable cannabis. Anyvendor must provide valid proof of identificationand medical cannabis authorization, and follow the same membership procedures as all otherqualifying patient members.Delivery-Based Collective Garden: For some qualifying patients, traveling to the Cooperativelocation will not be possible. These patients ("off-site qualifying patients") require a differentMembership procedure.A Cooperative employee will travel to the off-site qualifying patient's location with theCooperative Membership Agreement and a HIPAADisclosure Form, which the off-site qualifyingpatient must read, fill out, and sign. The Cooperative employee must then verify that the off-sitequalifying patient's identification and medical cannabis authorizations are valid. The employeecan do this by returning to the Cooperative with the necessary documentation or by electronicallytransmitting the documentation to the Cooperative.Aswith all qualifying patients, membership in the Cooperative and any Collective Gardenis not legal until the verification process has been successfully completed.Once the off-site qualifying patient's information is verified and copies are stored at theCooperative, the off-site qualifying patient may become a member of a Collective Garden throughthe same procedures as all Cooperative members. The only difference is that the Collective
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Garden membership and revocation processes take place where the off-site qualifying patient islocated.While the off-site qualifying patient is a member of a Collective Garden, he or she may receive adonation of medicine and may also provide a donation to the Collective Garden. The off-sitequalifying patient would then revoke his or her membership by signing out of the CollectiveGarden.Labeling: Any plant or useable cannabis associated with a CollectiveGarden, both at the physicallocation of the Cooperative and at the grow site, must be clearly labeled as part of that CollectiveGarden. For example, if Collective Garden A has 45 plants, every single plant must be labeled as aCollective Garden A plant. If those plants produce 72 ounces of useable cannabis for CollectiveGarden A members, all 72 ounces must be labeled as Collective Garden A useable cannabis. Ifthereare multiple Collective Gardens in a Cooperative, the useable cannabis at the Cooperative'sphysical location must clearly indicate fromwhich CollectiveGarden the useable cannabis came.Security/No-Loitering Policy/No Medicating on Site: The Cooperative shall employ a securitysystem made up of surveillance cameras in and around the business.Additionally, a barrier will beconstructed between the patient waiting room and the room in which the medical cannabis iskept. Again, every patient will be verified before being allowed into the room in which thecannabis is kept. Furthermore, a master safewill be kept on premises for the keeping of sensitiveinformation and the Cooperative's surplus funds; the safe will be bolted to the floor and lockedfrom the inside. Mr. Jushinski will be the only individual with knowledge of the safe'scombination. Finally, at no time shall the Cooperative maintain or utilize guns in order toeffectuate security, nor will the Cooperative utilize potentially deadly weapons as securitymechanisms.Testing Useable Cannabis/Public Safety:The Cooperative shall have all of its medicine tested forpotency, quality, and safety by local testing facility, Cannatest. The Cooperative shall inform andeducate each qualifying patient about their medicine and secure that each qualifying patientunderstands any risks associated with their medical cannabis prior to use or consumption.There shall be absolutely no medicating on site, nor will loitering be permitted or tolerated. TheCooperative shall keep a strict set of operating hours and abide by local noise and nuisanceordinances. Furthermore, there will be a strict policy of no children under 18 allowed on-site,unless a child is qualifying patient accompanied by their parent. All employees and volunteersshall adhere to a comprehensive Code of Conduct and Operating Procedures attached hereto asExhibitA.The Cooperative shall not engage in any lewd or lascivious advertising. Namely, the Cooperativeshall not advertise using any of the following: depictions ofcannabis leaves, negative portrayal ofwomen or men, sexual or suggestive imagery, or any imagery involving the use of cannabis (i.e.,pictures of smoking or usage). Advertising promoted by the Cooperative, if any, shall focus solelyon the medicinal benefits ofmedical cannabis only.Taxes: The Cooperative shall pay all required Federal, State, and local taxes.

--~~"., . . """ _-~~ .... - ------_".',.,,'''.,',_'' """""- _-~___-_-~~_"_""___
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Donations to Charity: The Cooperative plans to donate any surplus funds to the followingcharities: GoodCheer and The Veteran Resource Center.FIRSTTIMEPATIENTCHECKLIST:1. Patient must fill out Cooperative Membership Agreement.2.. Patient must fill out HIPAAConsent Form.3. Patient must provide valid identification (State-issued driver's license or

identification card).4- Cooperative employee must make a copyofthe Patient's identification5. Patient must provide medical cannabis authorization from a Washington State

healthcare provider.

6. Cooperative employee must make a copy of the Patient's medical cannabisauthorization.7. Cooperative employee must verify that the healthcare provider is licensed in

Washington State.8. Cooperative employee must verify the healthcare provider's contact information.9. Cooperative employee must contact the healthcare provider to verify that the

medical cannabis authorization is valid.10. If the health care provider refuses to verify the medical cannabis authorization,

the Cooperative employee must transmit the HIPAA Release Form to thehealthcare provider and verify that the medical cannabis authorization isvalid.

11. Ifthe healthcare provider verifies that the medical cannabis authorization is valid,the Cooperative employee must store copies of the new member's identificationand medical cannabis authorization.

12.. The new Cooperative member may now join any Collective Garden associated withthe Cooperative.
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EXHIBIT A
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ISLAND ALTERNATIVE MEDICINE CODE OF CONDUCT AND OPERATINGPROCEDURES

1. Every qualifying patient shall submit to Island Alternative Medicine (TslandAlternative" or "Cooperative") a copy of their valid Washington State ID andtheir current medical cannabis authorization from a State-licensed healthcare provider upon each and every visit to' Island Alternative before thatqualifying patient shall be allowed entrance into the Cooperative. Noexceptions allowed.2. Copies of patient information shall be kept on site and shall be keptconfidential unless required for production pursuant to the laws of the Stateof Washington or Federal law.3. Upon validation, a qualifying patient must then join the Cooperative througha Cooperative Qualifying Patient Agreement. Through that agreement, the

qualifying patient acknowledges that Island Alternative maintains theauthority to dynamically connect qualifying patients to collective gardensand that Island Alternative may revoke that qualifying patient's membershipin a given garden at any time, at its discretion.4. Only qualifying patients shall be allowed on and into the premises. And onlyqualifying patients shall be employed by or volunteer at Island Alternative.5. No medicating of any kind shall be permitted or tolerated on the premises.Any qualifying patient, employee, member, or volunteer ofIsland Alternative

in breach of this rule shall be immediately expelled from the Cooperativeand/or fired from employment or dismissed from their volunteer position.6. Every qualifying patient, employee, member, and volunteer of IslandAlternative shall abide by good neighbor policies including, but not limitedto, full compliance with any and all curfew, nuisance, and noise laws of theCity of Langley.7. There shall be absolutely no loitering permitted or tolerated on premises.8. Island Alternative's medical cannabis is meant for use by Island Care

qualifying patients only. RE-SALE OR DONATION TO OTHERQUALIFYING OR NON-QUALIFYING PATIENTS OF ANY ISLANDALTERNATIVE MEDICAL CANNABIS IS STRICTLY PROHIBITED BYISLAND ALTERNATIVE AND IS IN VIOLATION OF RCW 69.5lA, et seq.Should a qualifying patient, employee, member, or volunteer of IslandAlternative breach this rule, that person shall be immediately expelled fromthe Cooperative and/or fired from employment or dismissed from their

..--.~...----~~--~.---.--.- "~"''''''-'''''-'-'---------'-----'--''''''-. ..._--.---- ----
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volunteer position.9. At its discretion, Island Alternative may create collective gardens with aminimum of three volunteers, employees, or members as core members inthose collective gardens. Three-member gardens may contain up to sevenother members at any time and may only contain up to 72 useable ounces ofcannabis (yielding from a maximum of 4S plants) pursuant to RCW69SIA.o8S(1)(a)-(c).10. A qualifying patient's membership in Island Alternative's gardens shall berecorded and commemorated by a qualifying patient membership/revocationsign-in/sign-out sheet managed only by employees or volunteers of IslandAlternative.11. Single qualifying patients who produce their own medical cannabis maydonate that cannabis to Island Alternative pursuant to RCW 69.SIA.08S(I).

Single qualifying patient donations shall never exceed more than 24 ouncesof useable cannabis pursuant to RCW. 69.SIA.o8S(I)(C).12. Qualifying patients who produce medical cannabis from their own collectivegardens with a minimum of three members may donate up to 72 ounces ofuseable cannabis to Island Alternative pursuant to RCW 69.SIA.o8S(I)(a)-(c).13. All donations of medical cannabis to Island Alternative shall be deemedcollective garden donations, and those donations shall be labeled by IslandAlternative according to the collective gardens from which the donations

came.14. Island Alternative shall not accept any medical cannabis that was notproduced in Washington State. Island Alternative reserves the right to refuseto accept such donations.15. Island Alternative shall test all of its medical cannabis for potency, quality,and toxicity. Any medical cannabis that is unfit for consumption shall bedestroyed by Island Alternative.16. All medibles (edible cannabis products) shall be tested for potency, quality,

and toxicity. All medibles shall be prepared in a commercial kitchen, withemployees and volunteers of Island Alternative adhering to all necessary andexisting Health Codes in the City of Langley and Washington State.1 7. All medibles shall be packaged in such a way that nutritional information andTHC content shall be clearly visible to a qualifying patient with aconspicuous label. Through such labeling, the qualifying patient shall be

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made aware of and assume any risk associated with the consumption of theintended medible.18. Absolutely no outside drugs or alcohol are permitted on site. Should aqualifying patient, employee, member, or volunteer of Island Alternativebreach this rule, that person shall be immediately expelled from theCooperative.19. No child under 18 shall be permitted on premises unless that child is aqualifying patient accompanied by their parent.20. Island Alternative shall not be located within 1,000 feet of any school in theCity of Langley.21. Island Alternative shall not engage in advertising that is considered lewd andlascivious, disrespectful to the community of Langley, sexual or suggestive in

nature, or that portrays the use of cannabis in any way. Island Alternativeshall only permit that advertising which focuses on the medical benefits ofcannabis.22. Island Alternative reserves the right to refuse membership, employment, or avolunteer position to any qualifying patient who is not in compliance withRCW 69.SIA. This reservation of right stands to preserve Island Alternative'scompliance with RCW 69.SIA as a collective garden.23. Island Alternative reserves the right to terminate from the Cooperative any

qualifying patient, employee, member, or volunteer who fails to adhere tothis Code of Conduct and Operating Procedures.

~~~~~_ ~H __ '_H"H __ __ "
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EXHIBIT 2
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ORDINANCE NO. 4595AN ORDINANCE OF THE CITY OF ELLENSBURG, W ASHINGTON,RELATING TO LAND USE AND ZONING. ADOPTING INTERIMOFFICIAL ZONING CONTROLS REGARDING M EDICAL CANNAB ISCOLLECTIVE GARDENS FOR A PERIOD OF SIX MONTHS, TO BE INEFFECT W HILE THE CITY DRAFTS, CONSIDERS, HOLDS HEARINGSAND ADOPTS "PERMANENT" COLLECTIVE GARDEN ZONINGREGULATIONS, TO B E EFFECTIVE IM MEDIATELY UPON ADOPTION,SCHEDULING A HEARlNG ON THE MAINTENANCE OF THE INTERIMZONING ORDINANCE AND DECLARING AN EMERGENCY.WHER EA S, federal law , since 1 970, has prohibited the m anufacture and possession of

m arijuana as a Schedule I drug, based on the federal governm ent's categorization ofm arijuana ashaving a "high potential for abuse, lack of any accepted m edical use, and absence of anya ccep ted sa fety fo r use in m edically sup ervised trea tm en t." Gonzales v. Raich, 545 U .S. I, 1 4(2005), Controlled Substance Act (eSA), 84 Stat. 1 242,21 U .S.C . 801 et seq; and

W HER EAS, the voters of the State of W ashington approved Initiative 692 (codified asRCW 69.51A in Novem ber 1998); and

WHER EA S, the intent of Initiative 692 w as that qualifying "patients w ith term inal ordebilitating illnesses w ho, in the judgm ent of their physicians, w ould benefit from the m edicaluse of m arijuana, shall not be found guilty ofa crim e under state law ,"CRCW 69.51 A005), butthat nothing in the law "shall be construed to supersede W ashington state law prohibiting theacquisition, possession, m anufacture, sale or use of m arijuana for non-m edical purposes" (R CW69.51A.020) ; and

WHEREAS, in 201 1 the W ashington State Legislature passed ES8SB 5073. whichprovides that a qualifying patient or their designated care provider are presum ed to be inc omp lia nc e, a nd n ot su bje ct to c rim in al o r civ il s an ctio ns /p en altie s/c on se qu en ce s. if t he y pos se ssno more than 1 5 cannabis plants, no m ore than 24 ounces of usable cannabis (and otherqualifications as set forth in Section 401 ofESSSB 5073); and

W HEREAS, E888B 5073 also perm its, as of July 22, 2011 , qua lif yin g p atie nts "tocreate and participate in collective gardensfor the purpose of producing, processing.transporting, and delivering cannabis for m edical use," provided no m ore than ten qualifyingpatients participate. a collective garden does not contain m ore than 1 5 plants per patient up to atotal of 45 plants pel' garden, and the garden does not contain m ore than 24 ounces of useablecannabis per patient and up to a total of72 ounces of useable cannabis (Section 403 of E88SB5 07 3); an d

W HEREAS. R CW 69.51 A.060(1 ) provides that it is a class 3 civil infraction to displaym edical cannabis in a manner or place which is open to view of the general public, which wouldinclude grow ing plants (Section 501 of ESSSB 5073) ; and

E lle ns bu rg I nte ri m ZQnin g - C oll ec ti ve G ar de ns - P ag e 1 o f9 (08/0 Jill)

. _ _ . _ , _ _ . . , _ . _ . . ~ .. ' . ~ . ~ ~_~_"_~T _.~."~ ....,_,..._._.... ,- -'-_.-"0"
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WHEREAS, o n April 2 9, 2 01 1 , Wa sh in gto n's G o ve rn or, in h er p artia l v eto le tte ra ff ec ti ng SB 5073 , i nd ic at ed coope ra tiv e med ical ma ri ju ana o rgan iz ati on s s hou ld be exemp tedfrom sta te c rim in al p en altie s " co nd itio ne d on comp lia nc e w ith lo ca l g ov ernmen t lo ca tio n a ndh ea lth a nd sa fe ty sp ec ific atio ns" ( pa ge 3 ), c re atin g a n ee d to b ala nc e th e in te re sts o f fe de ra l law, rWash in gto n medic al ma riju an a p atie nts a nd th e h ea lth . sa fe ty a nd we lfa re o f th e c ommunity ,(id.); and

WHEREAS, S ec tio n 1 1 02 o f ESSSB 5073 a llow s lo ca l j u risd ic tio ns to adop t zoni ngr equ ir emen ts , bu si ne ss li cen se r equ ir emen ts , h ealt h and s af et y r equ ir emen ts , and imposebu si ne ss t axe s; andWHEREAS, a s p art o f th e p ro ce ss fo r th e a do ptio n o f z on in g re gu la tio ns, th e la nd u seimpac ts o f c olle ctiv e g ard en s mu st b e id en tifie d; a ndWHEREAS. b ec au se th e la nd u se im pa cts o f g rowin g m ariju an a in q ua ntitie s a llowe d b yth e S ta te o f Wa sh in gto n h av e b ee n e xp erie nc ed in o th er ju risd ic tio ns, th e C ity o f E lle nsb urg m ay

lo ok to th e e xp erie nc es o f o th er c itie s a nd c ou ntie s ind ra fti ng zon ing r egu la ti on s f or co ll ec ti vega rdens ; andWHEREAS. L aw e nfo rc em en t n ee ds to b e a ble to re ad ily d istin gu ish p la nts g row in g inc omp lia nc e w ith th e laws v ersu s th ose th at a re n ot;WHEREAS. th e E lle ns bu rg C ity Coun cil th er efo re b elie ve s th at c erta in in te rim zon in gre gu la tio ns to a dd re ss c olle ctiv e g ard en s a re n ec essa ry , u ntil th e C ity c an c on sid er a ll o f th e la ndu se impac ts o f c olle ctiv e g ard en s, d ra ft re gu la tio ns , h old h ea rin gs a nd a dopt n ew re gu la tio ns o nth e s ub je ct; a ndWHEREAS, th e Cou nc il b elie ve s th is a ctio n is ta ke n in g oo d fa ith a s d efin ed in S ec tio ns

1 101 (2) and 1 102(1 ) ofE SSSB 5073;NOW THERE FORE , the C ity C oun cil o f the C ity of E llensb urg d o ord ain as fo llo ws:Sect ion 1 . De fin iti on s:(A) "C an na bis" m ea ns a ll P 8 1 t S o f th e p la nt Cannabis, whe th er g rowin g o r n ot; th e se ed sth ere of; th e re sin e xtra cte d from a ny p art o fth e p la nt; a nd e ve ry c omp ou nd , m a nu fa ctu re , sa lt,d eriv ativ e. m ix tu re , o r p re pa ra tio n o f th e p la nt, its se ed s, o r re sin . F or th e p urp ose s o f th iso rd in an ce , "c an na bis" d oe s n ot in clu de th e m atu re sta lk s o f th e p la nt, fib er p ro du ce d from th estalks, o il or cake m ade from the seed s o f th e p la nt, an y o the r compound , manuf ac tu re , s alt ,d eriv ativ e, m ix tu re , o r p re pa ra tio n o f th e ma tu re sta lk s, e xc ep t th e re sin e xtra cte d th ere from ,

fib er, o il, o r c ak e, o r th e ste riliz ed se ed o f th e p la nt w h ic h is in ca pa ble o f g erm in atio n, T he te nn" ca nn ab is " in clu de s c an nabis p ro du cts a nd u se ab le c an na bis .( B ) "C an na bis p ro du cts" m ea ns p ro du cts th at c on ta in c an na bis o r c an na bis e xtra cts. h av ea m ea su ra ble THC c on ce ntra tio n g re ate r th an th re e-te nth s o f o ne p erc en t, a nd a re in te nd ed fo rh uman con sumptio n o r a pp lic atio n, in clu din g, b ut n ot lim ite d to , e dib le p ro du cts , tin ctu re s. a nd

E ll en sb ur g I nte ri m Z on in g - C ol le cti ve G ard en s - P ag e 2 o f9 (08/01/11)
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lotions. The term "cannabis products" does not include useable cannabis. The definition of"cannabis products" as a measurement ofTHC concentration only applies to the provisions ofthis ordinance and shall not be considered applicable to any criminal laws related to marijuana orcannabis.(C) "Church" means a structure or leased portion of a structure, which is used primarilyfor religious worship and related religious activities.C D ) "Collective Garden" means those gardens authorized under Section 403 ofESSSB5073, which means qualifying patients sharing responsibility for acquiring and supplying theresources required to produce and process cannabis for medical use such as, for example, alocation for a collective garden; equipment, supplies, and labor necessary to plant, grow. andharvest cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies, and labornecessary for proper construction, plumbing, wiring, and ventilation of a garden of cannabisplants.(E) "Designated care provider" means a person who:(1) Is eighteen years of age or older;(2) Has been designated in a written document signed and dated by a qualifyingpatient to serve as a designated provider under this ordinance and RCW 69.5IA~ and(3) Is in compliance with the terms and conditions set forth in RCW 69.51A.040.A qualifying patient may be the designated provider for another qualifying patient and be inpossession of both patients' cannabis at the same time.(F) "Indoors" means within a fully enclosed and secure structure that complies with theWashington State Building Code, as adopted by the City of Ellensburg, that has a complete roofenclosure supported by connecting walls extending from the ground to the roof, and afoundation. slab, or equivalent base to which the floor is securely attached. The structure mustbe secure against unauthorized entry, accessible only through one or more lockable doors, andconstructed of solid materials that cannot easily be broken through, such as 2" by 4" or thickerstuds overlain with 3/8" or thicker plywood or equivalent materials. Plastic sheeting, regardlessof gauge, or similar products do not satisfy this requirement.(G) "Legal parcel" means a parcel ofland for which one legal title exists.(H) "Medical use of cannabis" means the manufacture, production, processing,possession, transportation, delivery, ingestion, application, or administration of cannabis for theexclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitatingmedical condition.(I) "Outdoors" means any location that is not "indoors" within a fully enclosed andsecure structure as defined herein.(1) "Person" means an individual or an entity.

E lle ns bu rg In te ri m Z on in g - C ol le cti ve G ard en s - P ag e 3 o f9 ( 08 /0 11 1 1)

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(K ) "P ersonally identifiable inform ation" m eans any inform ation that includes, but is notlim ited to, data that uniquely identify, distinguish, or trace a person's identity, such as theperson's nam e, or address, either alone 01' when c omb in ed with oth er sou rces, th at esta blish th eperson is a qualifying patient or designated provider. .' r

(L) "P lant" m eans an organism having at least three distinguishable and distinct leaves,each leaf being at least three centim eters in diam eter, and a readily observable root form ationconsisting of at least tw o separate and distinct roots, each being at least tw o centim eters inlength. M ultiple stalks em anating from the sam e root ball or root system shall be considered partof the sam e single plant.

(M) "P rocess" m eans to handle or process cannabis in preparation for m edical use.(N) "Produce" m eans to plant, grow , or harvest cannabis for m edical use.(0) "Public place" i nc lu de s s tr ee ts and alleys of incorporated cities and tow ns; state or

county or tow nship highw ays or roads; buildings and grounds used for school purposes; publicdance halls and grounds adjacent thereto; prem ises w here goods and services are offered to' thepublic for retail sale; public buildings; public m eeting halls, lobbies, halls and dining room s ofhotels, restaurants, theatres, stores, garages) and filling stations w hich are open to and aregenerally used by the public and to w hich the public is p erm itted to ha ve u nrestricted a ccess;railroad trains, stages, buses, ferries, and other public conveyances of all kinds and character, andthe depots, stops, and waiting room s used in conjunction therew ith which are open tounrestricted use and access by the public; publicly ow ned bathing beaches, parks, orplaygrounds; and all other places of like or sim ilar nature to which the general public hasunrestricted right of access, and w hich are generally used by the public.

(P) "Qualifying patient" m eans a person w ho:(a) Is a patient of a health care professional;(b) H as been diagnosed by that health care professional as having a

terminal o r d eb ilita tin g med ic al co nd itio n;(c) Is a resident of the state of Washington at the tim e of such diagnosis;(d) Has been advised by that health care professional about the risks an d

benefits of the m edical use of cannabis;(e) Has-been advised by that health care professional that he or she m aybenefit from the m edical use of cannabis; and(f) I s o the rw i se in com pliance w ith the term s and conditions established

in RCW 69.S1 A.The term "qualifying patient" does not include a'person w ho is actively being supervised fora crim inal conviction by a corrections agency or departm ent that has determ ined that the term s ofthis ordinance and RCW 69.51 A are inconsistent w ith and contrary to his or her supervision andall related processes and procedures related to that supervision.

(Q) "R esidential treatm ent facility" m eans a facility providing for treatm ent of drug andrucoholdependency;

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(R) "School" means an institution of learning for minors, whether public or private,offering regular course of instruction required by the Washington Education Code, or any childor day care facility. This definition includes a nursery school, kindergarten, elementary school,middle orjunior high school, senior high school, or any special institution of education, but itdoes not include a vocational or professional institution of higher learning, including acommunity or junior college, college or university. .

(8) "Terminal or debilitating medical condition" means:(1) Cancer, human immunodeficiency virus (I-IIV).multiple sclerosis, epilepsy orother seizure disorder, or spasticity disorders; or(2) Intractable pain, limited for the purpose of this ordinance to mean painunrelieved by standard medical treatments and medications; or(3) Glaucoma, either acute or chronic, limited for the purpose of this chapter tomean increased intraocular pressure unrelieved by standard treatments and medications; or(4) Crohn's disease with debilitating symptoms unrelieved by standard treatmentsor medications; or .(5) Hepatitis C with debilitating nausea 01' intractable pain unrelieved by standardtreatments or medications; or(6) Diseases, including anorexia, which result in nausea, vomiting, cachexia,appetite loss, cramping, seizures; muscle spasms, or spasticity, when these symptoms areunrelieved by standard treatments or medications; or(7) Any other medical condition duly approved by the Washington state medicalquality assurance commission in consultation with the board of osteopathic medicine and surgeryas directed in this chapter.(T) ftTHC concentration" means percent of tetrahydrocannabinol content per weight orvolume of useable cannabis or cannabis product.(U) "Useable cannabis" means dried flowers of the Cannabis plant having a THeconcentration greater than three-tenths of one percent. Useable cannabis excludes stems. stalks,leaves, seeds, and roots. For purposes of this subsection, "dried" means containing less thanfifteen percent moisture content by weight. The term "useable cannabis" does not includecannabis products.(V) "VaIid documentation" means:(1) A statement signed and dated by a qualifying patient's health careprofessional written on tamper-resistant paper. which states that, in the health care professional'sprofessional opinion, the patient may benefit from the medical use of cannabis;(2) Proof of identity such as a Washington state driver's license or identicard, as

defined in RCW 46.20.035; and(3) In the case of a designated provider, the signed and dated document valid forone year from the date of signature executed by the qualifying patient who has designated theprovider.(W) "Youth-oriented facility" means elementary school, middle school, high school,public park. and any establishment that advertises in a manner that identifies the establishment as

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catering to or providing services primarily intended for minors) or individuals who regularlypatronize, congregate or assemble at the establishment are predominantly minors. This shall notinclude a day care or preschool facility... rSection 2. Purpose. The purpose of this interim zoning ordinance is to enact minimumzoning regulations relating to Collective Gardens, which both allows Collective Gardens as a use(under the limitations herein) and also provides notice to those operating Collective Gardens thatthe City is considering additional and more comprehensive zoning regulations on the subject.These new regulations could affect existing Collective Gardens.

Section 3. Interim Zoning Regulations:A. Collective Garden Permit Required. Inorder to site and operate a CollectiveGarden) the owner of the property must obtain approval from the City for a Collective GardenPermit. This requires the submission of a complete application (as described insubsection Dherein), and compliance with the following requirements:B. Location and Distance Restrictions.

(1) No Collective Garden, as defined in Section 1 of this Ordinance, shall bepermitted outdoors;(2) No Collective Garden shall be located within Three Hundred (300) feet ofschools and youth-oriented facilities, asmeasured from edge of property line to edge ofproperty line;(3) No Collective Garden shall be located anywhere the cannabis plants arevisible from a public place.

C. Ownership and Limitation on Numbers. No more than one Collective Gardenmay be located on a legal parcel ofland, and the parcel must be owned or leased to one of themembers of the Collective Garden. A qualifying patient can not be a member of more than oneCollective Garden) and must be a member of one Collective Garden for at least thirty (30) daysbefore transferring their membership to another Collective Garden. Each Collective Gardenmust maintain records of its membership for no less than three years.D. Collective Garden Land Use Permit Application. A complete application for aCollective Garden Land Use Permit shall consist of the following:

1. The name and address of all qualifying patients applying for the permit andproof of their qualifying status;2. A unique identifying number from the State of Washington Driver's License orIdentification Card for all qualifying patient members of the collective gardens;3. A statement acknowledging that the permit applied for will be issued inconformance with the laws of the State of Washington and that such issuance does not conferupon the members of the Collective Garden immunity from prosecution under federal law;

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4; The location of the parcel where the Collective Garden will be located, bystreet address and tax parcel number;

5. Either the owner of the property shall sign the application, or the personsigning it must demonstrate that they have permission to sign the application on behalf of theowner; 6. A statement describing the proposed security measures for the facility thatshall be sufficient to ensure the safety of the members and protect the premises from theft;

7. Payment of a $25.00 permit fee.E. Collective Garden Land UsePermit Procedure; Appeals.

1. Upon receipt of a complete application, the Planning Supervisor or hisdesignee shall schedule with the applicant an inspection or inspections of the premises to insurecompliance with this ordinance. If the applicant is in compliance with this ordinance, thePlanning Supervisor or his designee shall issue a Collective Garden Land Use Permit

2. Appeal of the Planning Supervisor's decision must be submitted to theCity Clerk in writing no later than ten (10) business days following the Planning Supervisor'sdecision.

3. Administrative appeals shall be initiated, processed, conducted and thecity's final determination issued as set forth in section 1.68.400 of the Ellensburg MunicipalCode; provided however, the Community Development Director shall be substituted for the CityCouncil as the decision maker; no appeal fee shall be required; and the Community DevelopmentDirector's written appeal decision, findings and conclusions shall be issued without the need forapproval at a regular or special meeting.

Section 4. Interim Zoning Adopted. The City Council imposes the interim zoning in thisOrdinance immediately, which shall apply to all Collective Gardens defined in Section 1 of thisOrdinance.

Section 5. Dmation ofInterim Zoning. The interim zoning adopted by this Ordinanceshall commence on the date of the adoption of this Ordinance. As long as the City holds a publichearing on the interim zoning within sixty (60) days and adopts findings of fact and conclusionsof law to support the interim zoning, such interim zoning shall be in effect for six (6) monthsafter the date of adoption.

Section 6. Public Hearing on Interim Zoning. Pursuant to RCW 3SA.63.220, theCity Council shall hold a public hearing on this interim zoning within sixty (60) days of itsadoption, or before September 30, 2011. The Council hereby schedules this hearing forSeptember 19, 2011. During the next Council meeting immediately following such hearing, theCity Council shall adopt findings of fact on the interim zoning or cancel the interim zoning.

Section 7. Severability. Ifany section, sentence, clause or phrase of this Ordinanceshould be held to be unconstitutional or unlawful by a court of competent jurisdiction, such

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inv alidity o r u nco nstitu tion ality sha ll n ot a ffect the va lid ity o r co nstitu tion ality o f a ny o th ersection > senten ce) clau se o r p hra se o f th is O rd ina nce.

Section 8. Declaration of Emergency. The.City Council hereby declares that anem ergency exists necessitating that this O rdinance-take effect immediately upon passage by am ajority vote plus one of the whole m embership of the Council, and that the sam e is not subjectto a referendum (R CW 3SA.1 2.1 30). W ithout the adoption of interim zoning regulations,C ollective G ard en s cou ld lo ca te and operate in the C ity w ithout restriction; eventually leading tothe establishm ent or operation of such use in locations or conditions that m ight later be restrictedor prohibited in the zoning regulations eventually adopted by the C ity of Ellensburg. T herefore.the interim zoning m ust be imposed as an emergency measure to protect th e public health. safetyand welfare.

Section 9. Publication. This Ordinance shall be published by an approved summaryconsisting of the title.

Section 1 0. Effective Date. This Ordinance shall take effect and be in full force andeffect imm ed iately up on pa ssa ge, as set forth herein, as long as it is approved by a m ajority plusone of the entire membership of th e Coun cil , a s r eq uir ed by RCW 3 5A .1 2.1 30.

The foregoing ordinance was passed and adopted at a regular m eeting of the City Councilon August 1,2011;

Approved as to form :

2012 02 13 regulation of island alternative medicine collective gardens in the city of langley

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