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The Castle Rock City Council is expected to have discussed potential regulations for recreational marijuana facilities during their Monday meeting after members of the Planning Commission vetted the regulations Wednesday night.
Based on a draft ordinance submitted by the Association of Washington Cities (AWC) Oct. 18, the proposed regulations would confine all facilities for the cultivation and distribution of recreational marijuana to a commercial zone just east of Exit 48, known as the C-2 Highway Business District, as well as establish a conditional use permitting process.
According to City Attorney Frank Randolph, AWC has offered member cities assurances the draft ordinance would stand its legal ground against those who may file suit either in support of or opposition to recreational marijuana facilities, though legal support for any such suits will be determined on a case-by-case basis, according to AWC.
City Engineer TJ Keiran reported the C-2 zone had been selected based on its lack of protected facilities (regulations passed by the Liquor Control Board prohibit recreational marijuana facilities within 1,000 feet of a school, park, playground, library, child care center, public transit center, playground, recreations center or facility, or an arcade that allows minors to enter) and based on the lower level of traffic compared to Exit 49, where multiple tourist facilities are located.
On top of state regulations already in place, the draft ordinance would require a conditional use permit be approved for recreational marijuana facilities, with a public hearing allowed for each permit application to gauge the attitude of residents.
Until the end of August, the use of such permitting had been seen by the Federal Government as a form of endorsing marijuana production and distribution on the part of cities and other local governments, who may have been the subject of financial sanctions if they were even to offer the permits. However, a Department of Justice (DOJ) memo published Aug. 29 said DOJ is looking to local governments in the case of states with legalized recreational marijuana laws to uphold those laws through "strong and effective regulatory enforcement systems," and went on to say marijuana industries created through such regulations would not always rise to the level of a "federal enforcement priority," with the memo citing the department’s current limited resources.
Also clarifying state law in the draft ordinance was a provision requiring owners of recreational marijuana facilities to report all unlawful activities, disorderly acts or disturbances at their sites to law enforcement, as well as post clearly-visible signs declaring such regulations.
They would also be required to visually obscure the production and sale of marijuana and related products from the eyes of the public, as well as ensure smoke, odors, debris, dust, fluids and other substances resulting from marijuana use or production are not allowed to exit the facility.
The ordinance did not discriminate between outdoor or indoor facilities, which are both allowed by state law, but the aforementioned regulations are expected to apply in either case.
According to Randolph, no individual has yet expressed interest in establishing a recreational marijuana facility in town, though he supposed Castle Rock may be sought after given its rural population and distance from larger, more crowded areas.
During the Planning Commission’s meeting, no strong opinions for or against the establishment of a marijuana facility were expressed by commissioners when they elected to pass the ordinance on to the council. Resident Helen Leith did submit a statement questioning the city’s ability to comply with Federal law if the ordinance was passed, and also suggested an additional provision prohibiting recreational marijuana facilities within 1,000 feet of residential zones, but no other public opposition was heard.
This is in stark contrast to neighboring Vader where the ethical and moral implications of a proposed marijuana production plant have been hotly debated in recent weeks. Vader officials are expected to consider passing a moratorium so they may review their regulatory options, though it has been made clear by state officials that no city will be allowed simply to ban recreational marijuana facilities.
If the proposed regulations passed or failed Monday night, it will not change the procedures required by those applying for recreational marijuana licenses through the state, a process scheduled to begin Nov. 18. If Castle Rock does pass the regulations, the ordinance will require a second reading, likely taking place during their first meeting in November.
As of press time, Keiran reported an exception had been made to the draft proposal for a couple within the C-2 zone who did not want their property to be included in the areas available for recreational marijuana uses, and he said similar exceptions may be made for those who appeal to the city, adding the most convenient time to hear those appeals will be in the coming weeks while the council is considering the new ordinance.
