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ORDINANCE NO. 3309-12 <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 69.51A 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 /> 69.51A 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 />