Port Townsend City Council to consider moratorium on residential pot operations

PORT TOWNSEND — A six-month moratorium on marijuana-related enterprises in residential districts will go before the City Council on Monday.

The meeting begins at 6:30 p.m. in chambers at City Hall, 540 Water St.

The moratorium would give city staff more time to craft a regulation for both retail and medical marijuana operations in residential areas, according to City Manager David Timmons.

The moratorium would not apply to operations in commercial districts.

“We are trying to set up guidelines and will have the same rules for a liquor store, which can only operate within the business districts,” Timmons said.

Port Townsend business districts are downtown, uptown and along Sims Way.

No retail operation can operate anywhere without a state license. The state will not issues licenses until it completes its rules, expected by December.

The state does now allow medical marijuana operations.

The city has granted a license for a “collective garden” medical marijuana dispensary, which is scheduled to open at 1433 E. Sims Way later this month.

The city ordinance under consideration says that “interim regulations must be imposed as an emergency measure to protect the public health, safety and welfare” of local residents.

“Having an interim regulation in place allows the city to review land use and zoning issues before state-licensed retail businesses seek to locate in the city,” the agenda memo says.

If the ordinance is approved, it will be referred to the city Planning Commission for hearing and review, and a public hearing must be held before Sept. 15.

The moratorium would expire in six months unless it is renewed by the council.

In November 2012, voters approved Initiative 502, which legalized the possession and recreational use of less than an ounce of marijuana by adults.

It took effect the following month. A state retail distribution structure is still under development.

Until rules are established and licenses issued, retail sales to the general public are not allowed.

The initiative specified that retail marijuana operations be situated at least 1,000 feet away from schools, playgrounds, recreation centers, public parks and libraries.

There is no similar buffer requirement for medical marijuana operations. Timmons said city zoning restrictions, such as a 1,000-foot buffer, could compensate for any gaps in state law.

The city has published a map on its website outlining these areas, demonstrating where a retail operation could not locate if it were allowed to open outside the business district.

The map, viewable at http://tinyurl.com/mxfdxj3, includes all local parks, schools and recreation centers — including Fort Worden State Park, the Port Townsend Golf Course and Jefferson Community School, which is located downtown at 280 Quincy St. — inside the business district.

The city recently granted a business license for a collective garden business operated by James Loe of Port Townsend, who leased an office at 1136 Water St., but concerns about the business by the building’s other tenants led to cancellation of the lease, according to building manager Ron Khile.

Loe relocated to the Sims Way location.

Loe said he understands the concerns of the downtown tenants, saying, “They were scared away by the recent raids in Seattle.

“They didn’t want that to happen here.”

Loe said the store, which was most recently a tattoo parlor, will not grow marijuana on the premises and that “collective garden” is the legal name for a marijuana co-op.

Timmons is surprised by the apparent resurgence in marijuana use.

“I remember the 1960s,” Timmons said.

“And from what little I remember, I don’t want to go back there.”

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Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.

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