The Ocean Shores Planning Commission will continue to study the potential of allowing medical marijuana cooperative gardens or marijuana production facilities within city limits after meeting with two representatives of the State Liquor and Cannabis Board last week.

With an existing temporary moratorium on any new marijuana-based businesses in place, the Planning Commission was asked to take a second look at the issue by the mayor and City Council, which imposed the moratorium in August by a 5-0 vote.

The state Liquor Control Board, which governs marijuana rules in the state, has allowed local jurisdictions more flexibility in determining the buffers and zoning issues that go into determining where future marijuana businesses are located.

The city’s Planning Commission has been asked to review the new rule changes and the impact such businesses would have.

The marijuana measure, Ordinance No. 970, imposes a new six-month moratorium prohibiting the production or processing of marijuana, as well as any new recreational or medicinal cannabis stores, clinics or marijuana collective gardens or co-ops not licensed by the state Liquor Control Board prior to 2016.

One of the biggest questions centered around legislation that allows for the creation on new medical marijuana cooperatives, which eliminate the designation of collective gardens as of July 2106. Those cooperatives must include up to four patients or their designated providers who are entered into the Medical Marijuana Authorization Database and receive a registration card, explained Nicola Reid of the state board.

“We started taking registrations for those July 1,” she said.

So far, there have not been any for Ocean Shores among the 31 applications received so far by the state. Ocean Shores has one recreational retail store in operation, with an application for a second one pending.

Cooperatives can be no more than four members in any one cooperative, and all patients are designated providers must be at least 21 years old. There can be no more than 60 plants for the group, and members may not sell or give away any of the marijuana or products. If it is an outdoor growing operation, it must be “obscured from public view and enclosed by an 8-foot high fence.”

Cooperatives, like retail facilities, also may not be located within one mile of a licensed marijuana retailer or within 1,000 feet of schools, playgrounds, recreation centers, child care centers, libraries or “any game arcade where admission is not restricted to persons under 21 years of age or older.” Also, they are not permitted in areas where they are specifically prohibited by a city, town or county zoning provision.

Local control

“Unlike marijuana recreations businesses, if a local authority objects to a cooperative, we have to adhere to it,” Reid said.

Governments to take action against the new cooperatives include Moses Lake, the city of Prosser and Yakima County, she told the Planning Commission on Oct. 11. Two other moratoriums in effect include the city of Walla Walla and Mason County.

Planning Commission members learned there is a process already in place to notify cities, towns or county governments once an application for a cooperative is made, but that the names of those involved is protected by medical privacy laws.

The state experts on the changes in the marijuana laws noted that medical marijuana patients are now allowed individually to grow up to four plants on their own without having to register in the state’s growing database.

“They could grow in their home and no one would ever know,” Reid said. So far, there are only three cooperatives operating in the entire state.

For compliance, the initial visit is done by a marijuana enforcement officer, followed by random premises checks. Unlike recreational retail sales, however, there is no fee or tax benefit to local entities that allow cooperatives.

The heavy regulation is seen as one reason the state does not yet have a large amount of applications for the cooperatives, and Planning Commission members said they wanted to further study the issue. The commission also is planning another public meeting to take comment about the issue before proceeding to make further recommendations to the City Council.

The city does have the flexibility to decide what zoning would apply to commercial production if allowed. There are three different tiers for production, Reid said, including facilities that are up to 2,000 square feet, from 2,001-10,000 square feet, and then 10,000-30,000 square feet of actual plant canopy.

Many jurisdictions that allowed for recreational sales, received additional license approvals from the state because medical sales facilities were closed as of July under the revised laws. Seattle, for example, received 21 additional licenses, Reid said, while Ocean Shores received the one additional license opportunity.

Sales reports and other marijuana law data can be found at lcb.wa.gov. For example, Ocean Shores this year has received $6,214 in revenue from retail marijuana sales, while Grays Harbor County has received $45,351 from $6 million disbursed statewide to local jurisdictions.

After the session with the state regulatory representatives, the Planning Commission members discussed the potential of a public meeting in January, likely at the Convention Center. At least two of the members said they were likely to approve of the cooperative gardens after hearing from the state.

Shoreline Master Plan

The Planning Commission will hold a special meeting followed by a public overview at 6 p.m. Oct. 25 at the Ocean Shores Convention Center to go over progress and plans for the nearly completed Shoreline Master Plan Update that has been ongoing for the past year with consultant AHBL.

The updated Shoreline Master Plan (SMP) includes and inventory and designations that could impact development and construction for the shorelines in Ocean Shores and adjacent properties. The session will be to “listen and respond to the public’s comments, questions and concerns, and to talk about the public’s visions for the future of the city’s shorelines.”

The SMP designations include categories such as aquatic, high intensity, shoreline residential, commercial/industrial and urban conservancy, including a natural designation. The designations are based on what existing uses are, and in general follow the city’s comprehensive plan as a guideline for creating the initial criteria.

A natural designation, for example, is set aside for areas that should not be further developed. Such designations affect future uses and regulations on everything from building heights to setbacks and buffers.

The session will combine presentations with an interactive round-table discussions with the public on the plan. If you have questions, contact Alicia Bridges, city planner at abridges@osgov.com or by phone at (360) 940-7499. Comments may be made by fax at (360) 289-2022 during business hours.

The Planning Commission also will have a special meeting prior to the presentation to plan for the session at 5 p.m. at the Convention Center.