City Council looks to broaden marijuana-business buffer zone

The Monroe Planning Commission held a public hearing on Feb. 9, to hear citizen testimony on the Monroe City Council's proposal to broaden marijuana-related business buffer requirements.

Per Initiative 502, which passed in 2012, marijuana-related businesses may not be within 1,000 feet of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library or any arcade that is not restricted to individuals ages 21 and older.

Last year, the City Council began discussion on increasing the state-mandated buffer zones to include private parks, religious institutions and the Evergreen State Fairgrounds. Discussion to increase the buffer areas was on the heels of the decision to formally adopt marijuana-related, land-use zoning regulations as a precautionary measure, in case there was ever an issue with the business-license prohibition that is currently in effect.

In March 2014, the City Council adopted Ordinance 003/2014, which clarified that, per Monroe Municipal Code, a business license "may not be issued to any person using or occupying any real property in violation of the provisions of local ordinance, and state and federal law, as well as the Monroe zoning code and all amendments thereto.GÇ¥

This effectively prohibits marijuana-related businesses from being established in Monroe, because, despite the fact that marijuana is legal in the state of Washington, the U.S. federal government continues to identify it as a Schedule 1 controlled substance. As such, it is impossible for a marijuana-related business to comply with both state and federal law.

The City Council had been grappling with the issue since the passage of I-502, and was interested in disallowing marijuana-related businesses from operating in Monroe. In January 2014, Washington State Attorney General Bob Ferguson issued his formal opinion that I-502 does not preclude cities and counties from opting out via local ordinance.

Subsequently, it was decided that zoning regulations should be adopted regardless of the business-license prohibition as a precautionary measure. The modifications to the buffer zones would eliminate the possibility of a marijuana-related business operating anywhere other than at the end of 177th Avenue, near the prison, which would allow for marijuana-processing.

Larger buffer zones

Planning commissioners heard testimony from six citizens, all in favor of expanding the buffers.

Carl Spencer, owner of Spencer Cabinetry, has been in business in Monroe for 10 years. He explained to the commissioners that he chose Monroe as the location for his business after research indicated that the city was "very friendly to cabinet companies.GÇ¥ His reasoning was based on the fact that numerous cabinet companies were already established in Monroe. This meant that the availability of supply trucks coming to the region was favorable, inbound freight costs were lower and support services specific to cabinet companies were readily available.

"Like attracts like,GÇ¥ Spencer said. "If something is positive for the community, we want more of it. If something is negative, I would think, we would want as little as possible.GÇ¥

Spencer also indicated that the lack of potential employees able to pass a drug test has been a hindrance his company's growth. To Spencer, allowing marijuana commerce in Monroe would not serve to bolster any business owner's ability to find qualified, drug-free candidates.-á

"The will of the people'

Commissioners were split on the issue of increased buffers: Three were in favor, one undecided, two opposed and one abstention. Commissioner Jeff Sherwood was against the council's proposal because he felt that it violated the will of the voters. During the November 2012 election, nine out of 12 precincts in Monroe voted in favor of I-502.

"A clear majority voted in favor of Initiative 502 with all its warrants,GÇ¥ Sherwood said. "And because of that, the councilGÇô by taking this backhanded action between the permitting process and also these buffersGÇô is trying to frustrate the will of the people. As a result, any recommendation on these increased buffers to the City Council I will be voting against.GÇ¥

Commissioner Mike Stanger had a different perspective.

"I'm in favor of the recommendations,GÇ¥ Stanger said. "I think that the recommendations are in line with what the voters voted for because the voters voted for keeping it away from kids 21 years and under, and this does that. I don't see any conflict at all with what the voters voted for and this recommendation, so I'm fully supportive of it.GÇ¥

The matter will be remanded back to the City Council for further review, without a clear direction made by the planning comission.