Mayor prepares to make zoning recommendations for medical marijuana businesses

During the medical marijuana symposium hosted by the Mayor's Office last month, the Seattle Department of Planning and Development shared maps of possible scenarios for medical marijuana business zoning.

Two possible scenarios would create 500 foot buffer zones between medical marijuana businesses and places where children congregate including schools, playgrounds, daycare centers, parks, and libraries.  One of those scenarios measures the buffer zones according to "how the crow flies" and one according to "common path of travel" - the shortest walking distance.  This is what the two scenarios look like in NE Seattle:

As the Crow Flies

Yellow = estimated areas for medical marijuana businesses
Gray & pink = medical marijuana businesses not allowed
Red dots = existing medical marijuana businesses
Green dots: existing medical marijuana businesses that would be allowed

Common Path of Travel

If the City decides to use a 500 foot buffer, instead of the 1,000 foot buffer required "as the crow flies" around recreational marijuana businesses, city-wide187 (as the crow flies) or 210 (common path of travel) medical marijuana businesses would potentially be allowed to remain open.  This is in addition to 21 recreational marijuana retailers and an unknown amount of recreational marijuana growers and processors in Seattle.  

Marijuana business density is of concern for teen drug use prevention efforts because research has repeatedly shown that teens who live in communities with many tobacco and alcohol businesses have high rates of tobacco and alcohol use.  A study recently published in the journal of Drug and Alcohol Dependence found that "higher total density of medical marijuana dispensaries was related to greater likelihood of past year use of marijuana."  In other words, the more available a drug is, the higher use rates are.  

Marijuana shop opens next to church with three youth groups

Seattle's second recreational marijuana store opened last week and on Sunday members of the church next door started to protest its location.

The store opened at the corner of 23^rd and Union and the Capitol Hill Seattle Blog (CHS) noted that they previously identified “the likelihood of 23rd and Union becoming a fertile ground for Seattle pot ventures as one of the few areas that would qualify for a license under state rules and city zoning.”

“But Seattle City Council member Bruce Harrell tells CHS he is beginning a review of how the shop was allowed to open at the intersection in such close proximity to the church. Harrell said there is nothing yet on the City Council’s calendar but that he is beginning the process this week.” 

Under state law, a marijuana business cannot be located within 1,000 feet of schools, parks, libraries, community centers, and other places where children congregate.  The rule does not apply to churches.  That is concerning to church members since three youth groups meet next door to the store according to the church’s pastor.

Seattle Councilmember: Marijuana policy to create "massive social change"

Marijuana stores in Seattle were discussed at the very beginning of the September 17 edition of the Seattle Channel's City Inside/Out: Council Edition.

Councilmember Nick Licata said that the Council likely will vote on the proposed marijuana zoning and land use ordinance on October 7.  The vote was delayed several times because they wanted to ensure that Seattle laws would work in concert with the Liquor Control Board's rules for marijuana businesses.  When asked if he was concerned about the possibility of a concentration of marijuana businesses being located in the industrial SoDo area, Councilmember Licata said that he expects businesses to be located throughout the City.  Multiple places throughout the City will be available for marijuana business development.

When Councilmember Tim Burgess was asked about medical marijuana businesses, he stated that the medical system cannot co-exist with the new recreational marijuana system.  He noted that with the establishment of a legal commercial marijuana system we are on the verge of "massive social change".

Possible marijuana business locations in NE Seattle

Yesterday, the City of Seattle Department of Planning and Development released an updated map that shows where they currently think that marijuana businesses could be located in the City.  The map takes into consideration proposed Liquor Control Board rules and the proposed City of Seattle land use ordinance.

In their latest set of proposed rules, the Liquor Control Board (LCB) changed the definition of the 1,000 foot buffer between marijuana businesses and schools, playgrounds, and other places frequented by children.  Marijuana business interests lobbied for the change stating that the original definition limited possible business locations too much.

Here is what the NE Seattle section of the City's map looks like:

In the map above, the yellow areas indicate places where marijuana businesses may be located using the initial definition (as the crow flies) of the 1,000 foot buffer.

The pink areas indicate the additional land that would be acceptable for marijuana businesses under the LCB's newly proposed definition: "along the most direct route over or across established public walks, streets, or other public passageway between the proposed building/business locations to the perimeter of the grounds of the entities listed."

Since the LCB and the City of Seattle have yet to adopt their proposed policies, this map is not to be considered a final representation of where marijuana businesses will be located.

Update: It turns out the the pink areas will not be considered for marijuana businesses.  On September 13 the LCB released the following statement:

The Washington State Liquor Control Board (WSLCB) announced today that it will file an emergency rule on October 16, 2013, to make a single technical revision to the recreational marijuana rules. The emergency rule will revise the method of measurement of the 1,000 foot buffer measurement between a licensed marijuana business and an elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or arcade where admission is not restricted to those age 21 and older. The emergency rule will not affect the Initiative 502 implementation timeline.

The current proposed rules filed with the Code Reviser on September 4, 2013, state “the distance shall be measured along the most direct route over or across established public walks, streets, or other public passageway between the proposed building/business location to the perimeter of the grounds.”

The emergency rule will state: “The distance shall be measured as the shortest straight line distance from the property line of the licensed premises to the property line of the entities listed below…”

“The current measurement mirrors the existing method of measurement between liquor-licensed businesses and schools,” said agency director Rick Garza. “We’ve since learned that this measurement, as it pertains to marijuana, conflicts with federal law. Although the emergency rule won’t be filed until October 16, it is critical that we announce our intentions now so that potential licensees, local government and law enforcement will have clarity and predictability going forward.” 

Seattle City Attorney's comments to the Liquor Control Board include pot tourism and private pot clubs

The Liquor Control Board received more than 800 comments from the public regarding their initial draft rules for I-502 (marijuana legalization).  The letter from Prevention WINS may be viewed through the coalition website.

The Seattle City Attorney's letter is also available online and includes the following comments:

Promote Pot Tourism
We also support the Board's decision to permit nonresidents to purchase one ounce of marijuana at a retail store.  People travel to Washington for many reasons, and tourism is a significant industry within Seattle and throughout the state.  We want tourists to enjoy our beautiful outdoors, fresh produce, microbrews, fine wines, professional sports and entertainment.  We should similarly embrace marijuana tourism.  However, retailers must not oversell to non-residents so that marijuana might be taken across state lines.  I-502 does not prohibit nonresidents from traveling to Washington, purchasing marijuana from a licensed retailer, or consuming marijuana in the state, but we support Governor Inslee's promise that Washington State will not become "the country's export market for marijuana."  We need a strong partnership with law enforcement to extinguish the illegal market and properly regulate the new legal market. 

Public Consumption of Marijuana
I-502 prohibits opening "a package containing marijuana . . . in view of the general public."  It is not clear whether this limits marijuana use only to private residences or also allows it in establishments that may be private and not "in view of the general public" because the phrase "in view of the general public" is not defined in I-502.  For renters and tourists, allowing marijuana use in certain types of establishments other than private residences may be the only mechanism to enjoy marijuana.  This is both a race & social justice and an economic development issue.  Renters and tourists should not be forced to use marijuana in parks or on sidewalks.  We recommend that the Board study private clubs or similar accommodations and propose appropriate rules governing their establishment and regulation.  

Home Delivery of Marijuana
A careful reading of I-502 suggests that bicycle and truck deliveries are neither expressly permitted or prohibited.  We recommend that the Board study deliver services and propose draft regulatory rules.  

Retail Outlet Density
If like state liquor stores there will only be a limited number of retail stores, we may want to ensure better geographical coverage.  

Funding Needed
Finally, local governments must be able to share in the State's revenue.  Implementing and enforcing I-502 will be a costly venture for government at all levels from business licensing and zoning to law enfocement and other public health and safety considerations.  

Comments to the Liquor Control Board from King County may be read by clicking here.

City of Seattle seeking input about public safety

On October 10, the City of Seattle's Safe Communities campaign will host a North Precinct Conversation to discuss public safety issues in our community.   The campaign seeks community input about public safety priorities and concerns.  The identified priorities will guide the actions the City, the Seattle Police Department, and the neighborhoods will take together to protect public safety.

The October 10 facilitated meeting will take place from 7-9:00 p.m. at North Seattle Community College, Room CC1161.

Marijuana: prevention resources and media stories

So much information to share . . .

Web-based resources

-- Marijuana Resource Center: Marijuana is a topic of significant public discourse in the United States, and while many are familiar with the discussions, it is not always easy to find the latest, research-based information on marijuana to answer to the common questions about its health effects, or the differences between Federal and state laws concerning the drug. This Web-based resource center provides the general public, community leaders, and other interested people with the facts, knowledge, and tools to better understand and address marijuana in their communities.

-- Locally, the University of Washington Alcohol & Drug Abuse Institute hosts an online resource -- Marijuana: Science-based information for the public.

-- A National Alliance for Marijuana Prevention was recently launched with the goals of to developing and strengthening collaboration among communities, agencies and federal, state and local governments to support the efforts of organizations to prevent and reduce marijuana use by addressing the factors that increase risk within a community.

-- The But What About the Children? Campaign website demands that policymakers who want to legalize marijuana guarantee that marijuana will not be marketed to young people like alcohol and tobacco are.

Medical marijuana policy analysis

-- A two part series entitled "Clearing the Smoke on Medical Marijuana" discusses medical marijuana policy.  Part 1 looks at how marijuana is classified in the federal Controlled Substance Act and Part 2 discusses the ability for research to be done on the effects of marijuana.

In the media

-- In January 2010, Massachusetts decriminalized the possession of small amounts of marijuana.  A story in a Massachusetts newspaper, "New Law Haunts Schools Local Officials Charge: Marijuana Law is Taking Toll on Teens at Revere High" reports:  Two years later, public safety officials, school officials and youth advocates are saying it has levied a major toll on the school-age generation – who grapple to understand why marijuana is frowned upon at school and smiled upon in the law books.

-- As fewer teens perceive harm in marijuana use, fewer teens also report that marijuana use is distracting while driving, according to a recent national study.  Stephen Wallace of Students Against Destructive Decisions says the findings reflect a “dangerous trend toward the acceptance of marijuana and other substances compared to our study of teens conducted just two years ago…both in terms of the increased use of marijuana and from the perspective that many think this is not a danger.”

-- From "High Season: Teens and Marijuana Use" (Family Circle magazine):  After more than a decade of decline, pot smoking among adolescents is growing once again. According to the University of Michigan's annual survey of 50,000 middle and high school students, 16 percent of 8th-graders have smoked marijuana, 32 percent of 10th-graders, and 42 percent of 12th-graders.

What's behind the increase? "There's been a rapid erosion of anti-marijuana attitudes in our society," says Tom Hedrick, a founding member of Partnership for a Drug-Free America (PDFA). "A lot of what kids hear today is not to worry." Fourteen states have legalized medical marijuana, and this fall Californians will vote on whether to do the same for recreational use. From movies like Hot Tub Time Machine to TV's Weeds to Michael Phelps' marijuana moment, there's a constant message being sent to teens: Everybody must get stoned, and it's all right. No wonder survey results show that only 44 percent of 8th-graders perceive pot as posing a "great risk" to their health, down from more than 50 percent in 2004. "This is the perfect storm that could lead to a tremendous explosion in marijuana use," says Hedrick. "Parents have reason to be concerned."

Locally . . .

-- The Mayor of Seattle in his 2012 State of the City Address pushes for legalizing marijuana. 

-- In December, KCTS 9 Connects aired a show about marijuana legalization.

Watch December 9, 2011 on PBS. See more from KCTS 9 Connects.

Coalition Co-Chair testifies at Liquor Control Board hearing

On Monday, the Washington State Liquor Control Board (LCB) and the City of Seattle hosted a public hearing about whether or not the LCB should open their rule-making process and consider the City's petition to allow local jurisdictions to set their own alcohol service hours.  Right now, state regulations require alcohol to stop being served at 2:00 a.m.  Seattle nightclubs want to be able to serve alcohol longer, possibly 24 hours per day. 

During the hearing, many people provided testimony for and against this petition.  One of our Prevention WINS Co-Chairs, Gary Hothi, was among them and he is quoted in news articles about the hearing in The Seattle Times and The Stranger's Slog.  Derek Franklin, from Mercer Island's DFC coalition and WASAVP board member, is quoted in another Seattle Times article. 

Later this year, public hearing will also take place in Vancouver, the Tri-Cities and Spokane.  More information about the petition is available on the LCB's website.  

Liquor Control Board to host two public meetings on alcohol regulations

Do you have something to say about the further deregulation of alcohol?  Do you want to learn about how public health and safety may be affected by I-1183, the initiative that privatized liquor sales and further deregulated alcohol in general?  Here are two forums that you may want to attend.  

Liquor Control Board Public Hearing: The City of Seattle’s petition to extended hours of alcohol service
March 12, 2012 10:30 a.m. to 12:30 p.m.
Seattle City Hall
Bertha Knight Landes Room
600 Fourth Avenue
Seattle, WA

Public Health & Safety Stakeholder Forum
March 13, 2012, 10:00 a.m. to 12:00 p.m.
Liquor Control Board Headquarters
3000 Pacific Avenue SE
Olympia, WA

During this forum, senior Liquor Control Board staff will be available to answer questions about the implementation of I-1183 including how hard alcohol will be distributed and sold and changes in licensing and regulation. 

Regulating dispensaries in Seattle

Today, the Seattle City Council's Housing, Human Services, Health and Culture Committee will discuss a bill that would regulate medical marijuana dispensaries in the City.  This comes at the heals of Governor Gregoire partially vetoing state legislation regarding medical marijuana.