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ORDINANCE NO. 330 9-12 <br />An Ordinance declaring certain cannabis activities to be nuisances. <br />Whereas, RCW 35.22.280(30) provides the City the extensive power to "declare what shall be a <br />nuisance, and to abate the same;" and <br />Whereas, RCW 69.51A.140 authorizes cities to adopt and enforce health and safety <br />requirements related to cannabis, including medical cannabis, within their jurisdictions; and <br />Whereas, manufacturing or delivering cannabis remain illegal under local and state law and <br />manufacturing, delivering, or possessing cannabis remains illegal under federal law; and <br />Whereas, Chapter 69.51 A RCW provides affirmative defenses under state law for certain <br />medical cannabis activities falling within the requirements of the Chapter; and <br />Whereas, the City acknowledges the needs of persons suffering from debilitating or terminal <br />conditions and the benefits that some qualified patients experience from the medical use of <br />cannabis; and <br />Whereas, RCW 69.51A.085 provides an affirmative defense to qualified patients participating in <br />a "collective garden" provided that: (1) no more than ten qualified patients participate in the <br />garden; (2) the garden contains no more than 15 plants per patient and no more than 45 plants <br />total; (3) the garden contains no more than 24 ounces of usable cannabis per patient and no more <br />than 72 ounces of useable cannabis total; (4) proof of qualification for all participating patients is <br />available on the garden premises; and (5) no useable cannabis is delivered to anyone other than <br />the qualified participating patients; and <br />Whereas, medical cannabis activities outside the affirmative defenses contained in Chapter <br />69.51 A are not authorized under state law and therefore constitute nuisances per se; and <br />Whereas, other local jurisdictions within the state have experienced entities operating outside of <br />the affirmative defenses contained in Chapter 69.51A, operating dispensaries and other illegal <br />cannabis businesses, and associated impacts with such illegal cannabis activities; and <br />Page 1 of 6 <br />