A Few More Details on Medical Cannabis
A couple more updates on the medical cannabis zoning issue from last week’s City Manager’s report …
It sounds like existing medical cannabis facilities will have to abide by the new zoning regulations, whatever those might be, and potentially might be forced to relocate.
… in response to Council Member Fey’s question related to how the zoning process affected existing facilities, City Attorney provides the following response.
For a use to be entitled to transition to “legal non-conforming use” status, it must be an established legal use at the time of the zoning change. It is the opinion of the Legal Department that “established” dispensaries and/or collective gardens do not have, and have not had, status as a legal use.
Also, the map presented at the earlier meeting included zoning restrictions, but did not show the impact “sensitive” uses would have on where dispensaries and collective gardens could be located. The below maps show that.
Map A shows the impact of including schools, daycares, and facilities where religious services are held. Map B shows those uses, and includes the impact of adding parks as a “sensitive” use.
The moratorium is set to expire August 1, which means we should be hearing a final decision soon. So, looking at the map – any concerns?
Previously from Exit133: Tacoma Medical Cannabis Task Force Report.
Filed under: legislation
4 comments
J Jesse July 10, 2012
Help me out here if you would… since medical cannabis requires a prescription from a doctor, and it’s a drug, than why isn’t it only sold in pharmacies?
You don’t see opioid distribution businesses and opioids are derived (grown) from poppy plants…
Besides, isn’t cannabis illegal on the Federal level?
T That Girl July 10, 2012
I say we legalize it, tax it, sell it in pharmacies, and get on with more important issues.
J JJ July 12, 2012
I see one big problem (well probably several) with this zoning plan idea.
First of all I am not an attorney but in my opinion I believe
A.Federal Law supersedes and trumps all and any state or local laws if challenged.
B.Marijuana Manufacture,Distribution and even possession is still illegal according to Federal Law.
C.Such a zoning would be in my opinion unlawful since it illegally approves of activities and businesses that are against Federal Law.
D.Those residents and especially property owners in those designated zoned areas could possibly file a humongous FEDERAL CLASS ACTION LAWSUIT against the city claiming a deprivation of Federal Civil Rights violations specifically as the federally unlawful city planned zoned marijuana dispensaries would subject the residents in those discriminatory zoned areas to potential illegal activity problems (like possible burglaries,robberies,fraud,other crimes etc) other than mere marijuana activities from this supposed locally approved activity which is claimed to show compassion towards those suffering medical conditions but deprives other residents of their safety and federal rights (especially those closest to those “medical marijuana dispensaries” in the zoned areas.
Next it illegally devalues the property further in those planned zoned areas and thereby causes immense monetary harm to property owners who have lawful businesses,homes or multi use housing or developments there.By doing so the city officials also places the city itself under a possible criminal conspiracy classification by this zoning.
E.Those whom reside or own property there could possibly end up as some of the cities highest income residents or property owners if they challenged the City in Federal court and won a decisive damage judgement against the City of Tacoma.
F.It’s a very bad,illegal and very stupid idea that possibly would crush the cities budget much further into the abyss of possible insolvency and charter loss.
T tpb3jd July 16, 2012
Any idea as to how this overlays with crime graphical information? Is there going to be any overlapping high density crime areas/medical cannabis areas?