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EVERETT CITY COUNCIL AGENDA ITEM COVER SHEET 2 <br /> PROJECT TITLE: <br /> An Ordinance relating to X Briefing COUNCIL BILL# rb ((kV a5 <br /> medical cannabis,amending Proposed Action Originating Department Legal <br /> Ordinance No. 3232-11, and Consent Contact Person C. Olivers <br /> extending the moratorium on Action Phone Number X7012 <br /> collective gardens an 6/20/12 First Reading FOR AGENDA OF 6/20/12 <br /> additional six months, 6/27/12 Second Reading <br /> 7/g/12 Third Reading <br /> • <br /> 7/312 Public Hearing <br /> Initialed by:' <br /> Department Head <br /> CAA <br /> Council President • <br /> Location Preceding Action Attachments Department(s)Approval <br /> Planning Commission •' Proposed Ordinance <br /> • City's Outline of <br /> Collective Garden <br /> Zoning Regulations <br /> Amount Budgeted -0- <br /> Expenditure Required -0- Account Number(s): <br /> Budget Remaining -0- <br /> Additional Required_ -0- <br /> • <br /> DETAILED SUMMARY STATEMENT: <br /> On July 20,2011,the Council adopted an emergency moratorium prohibiting establishment of medical cannabis <br /> collective.The emergency moratorium is set to expire on July 20,2012. <br /> Collective gardens are allowed under state law,but remain prohibited by the federal Controlled Substances Act. <br /> Over the last year,this conflict has increased with the federal government's threat to criminally prosecute local • <br /> government officials and employees who facilitate or approve collective gardens. While a state initiative and <br /> - several state court cases have the potential to resolve the conflict,these actions may also complicate the matter. <br /> Through implementation of the City's work plan identified in the moratorium Ordinance,the City has developed <br /> an Outline of Collective Garden Zoning Regulations.This Outline is attached and is intended to give the public <br /> and Council an indication of possible future interim or permanent regulations.However,the high potential for <br /> legislative or judicial clarification requires that the City continue to consider the appropriate mechanism to <br /> properly allow and regulate collective gardens. Further,because a full planning process has not been completed, <br /> the City needs time for further Council,staff,and public consideration of the necessary regulations.Therefore, <br /> .the City must extend the moratorium to avoid collective gardens from vesting until the City's regulatory authority <br /> "is clarified and appropriate regulations are adopted. <br /> RECOMMENDATION(Exact action requested of Council):Approve the Ordinance relating to medical <br /> cannabis, amending Ordinance No. 3232-11,and extending the moratorium on collective gardens an additional <br /> six months. <br /> • <br /> 3 <br />