The council adopts all of the "whereas" sections of the ordinance codified herein as findings to support this chapter, as well as the following:
A. Through its amendment/adoption of Revised Code Of Washington chapter 69.51A, the state of Washington has found that there is medical evidence to show that some patients with terminal or debilitating medical conditions benefit from the medical use of cannabis.
B. The state of Washington has determined that qualifying patients with terminal or debilitating medical conditions, who, in the judgment of their healthcare professionals, may benefit from the medical use of cannabis, shall not be arrested, prosecuted or subject to other criminal sanctions or civil consequences under state law, based solely on their medical use of cannabis, notwithstanding any other provision of law.
C. Nothing in this chapter shall be construed to supersede Washington state law relating to the acquisition, possession, manufacture, sale or use of cannabis for nonmedical purposes. Nothing in this chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of cannabis for nonmedical purposes.
D. Cannabis plants, whether grown indoors or outdoors, especially as they mature prior to harvest, may produce a distinctive odor that may be detectable far beyond property boundaries.
E. Where cannabis plants have been grown outdoors in other states, local authorities have received a significant number of formal complaints of odor that may be detectable far beyond property boundaries.
F. Cannabis, whether grown for medicinal purposes or diverted to the black market, may be sold for thousands of dollars per pound.
G. The strong smell of cannabis may create an attractive nuisance, alerting persons to the location of the plants, and creating a risk of burglary, robbery and armed robbery.
H. Cannabis that is grown indoors may require excessive use of electricity which may overload standard electrical systems, creating an unreasonable risk of fire.
I. The ability of qualified patients to cultivate cannabis in collective gardens for medical purposes does not confer upon them the right to create or maintain a public nuisance. No more than forty five (45) cannabis plants are allowed on any one legal parcel, which should keep the complaints regarding odor and the risks of fire and crime to a minimum.
J. Pursuant to Revised Code Of Washington 69.51A.130, no civil or criminal liability may be imposed by any court on cities, towns, or counties or other municipalities and their officers and employees for actions taken in good faith under this chapter and within the scope of their assigned duties. (Ord. 941, 7-24-2013)