Petition to Repeal Local Ban on Marijuana Retailer in City of Camas, WA

Repeal Ban on Marijuana Retailer in Camas Washington

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Repeal Ban on Marijuana Retailer in Camas Washington.

Ballot Title

Initiative to Repeal Local Ban on Marijuana Retailer in City of Camas, WA.

Ballot Summary

Initiative Measure No. 1 is an Initiative to Repeal Local Ban on Marijuana Retailer in City of Camas, WA. The initiative proposes repealing a local ban on marijuana retailers passed by the City of Camas (Ordinance No. 2712) after WA voters passed WA State Initiative 502 (I-502) legalizing marijuana in WA (passed 11/06/2012) where there was no specific or exclusive delegation of authority under I-502 to local governments to enact cannabis-related ordinances. The initiative would result in the legalizing of one marijuana retailer within the City of Camas, and would not repeal the part of the Ordinance that banned marijuana processors or producers.

Should this measure be enacted into law?

Yes / No

Background

After WA voters passed WA State Initiative 502 (I-502) on 11/06/2012, the City of Camas Council enacted Ordinance No. 2712 (10/20/2014) which banned marijuana processors, producers, and retailers within the city limits of Camas. Ordinance No. 2712 when passed had an expiration date. Approximately one year later, the City of Camas held a public hearing (10/26/2015) to consider allowing marijuana retail sales within the City of Camas. The Camas Planning Commission recommended allowing the sale of retail marijuana within city limits. Despite this, the Camas City Council ultimately voted to repeal that part of Ordinance No. 2712 that would have caused the ban to expire (Ordinance 15-024); the effect of this was to indefinitely ban marijuana processors, producers, and retailers within the City of Camas. Since then, Clark County has legalized marijuana processors, producers, and retailers (subject to land use regulations and zoning regulations).

Initiative

This initiative by petition, to be put to the voters of the City of Camas, WA, proposes the repeal of that part of Ordinance No. 2712 and 15-024 that bans marijuana retailers in Camas. Because the Washington State Liquor and Cannabis Board (“LCB”) controls issuance of retail marijuana licenses, the effect of the repeal would be to allow one marijuana retailer within the City of Camas. Repeal of the parts of Ordinance No. 2712 and 15-024 that bans marijuana retail would result in the will of the people, shown by the passage of I-502, to take effect in Camas, and would make Camas consistent with the bulk of Clark County, WA. There have been no specific grants of exclusive power to local jurisdictions to adopt cannabis-related regulations under I-502 or by the legislature.

The initiative would not request authorization for the presence of marijuana processors or marijuana producers in the City of Camas, WA. The initiative would not propose a change to the number of marijuana retail licenses allowed for the City of Camas (as of 1/22/2020 the number of retail licenses allowed for the City of Camas is one; LCB alone has the authority to determine the number of marijuana retail licenses available for each county and city).

The registered voters of the City of Camas, by submitting this initiative by petition, request that the Camas City Council repeal that part of Ordinance No. 2712 and 15-024 that bans marijuana retailers within the City of Camas, and requests that the Camas City Council make all necessary changes to the Camas Municipal Code to accomplish the will of the registered voters of the City of Camas.

The foregoing should be interpreted in view of applicable laws, regulations, and legal precedent.

We would like to thank you for your support in our initiative to Repeal Ban on Marijuana Retailer in Camas Washington.