Contention puts marijuana zoning at top of Cheney list

While there were many big stories in and around Cheney in 2014, few generated the same amount of citizen comments as the one that began quietly in late 2013.

At its Nov. 12, 2013, meeting, Cheney's City Council passed a six-month emergency ordinance establishing interim zoning and land use regulations that would determine where in the city potential marijuana producers, processors or retailers could locate a facility. The ordinance was needed as a response to passage of statewide Initiative 502 in November 2012, legalizing marijuana in Washington, and rules adopted by the state Liquor Control Board regulating such facilities scheduled to go into effect Nov. 16, 2013.

"It lays down where, for a six-month period, a retailer, or processor - essentially a distiller - or a producer can locate in the city," city attorney Stanley Schwartz told the council at the time. "I can tell you for certain, marijuana will not be sold in residential neighborhoods."

Exactly two weeks later on Nov. 26, long-time Eastern Washington University professor Dr. Bill Youngs, his brother Chris and several others filed an application with the city to build a marijuana production and processing facility, Cheney Hydroponics, in the city's Commerce and Industrial Park, the first business to build in the new business park.

But it wasn't until almost two months later in early 2014 when the issue of marijuana took center stage in Cheney, thanks to Washington state Attorney General Bob Ferguson. In a Jan. 16 opinion, Ferguson wrote that language in I-502 did not preclude cities and counties from banning marijuana facilities that produce, process or retail the drug. The initiative passed with a 55.7 percent yes vote statewide, and in Cheney as well, but several Washington cities instituted bans on facilities in their jurisdictions, and the state Liquor Control Board asked Ferguson's office if they had the right to do so.

The opinion led Cheney to call a special City Council meeting on Jan. 27 to take testimony on the interim ordinance, what Schwartz called a "do over." At the meeting, the council was presented with three options: take no action and let the ordinance approval process proceed, modify the ordinance or repeal the ordinance and enact a moratorium on marijuana facilities in the city, similar to one Cheney imposed soon after passage of I-502.

Most citizens speaking at the standing-room only meeting urged the council to repeal the ordinance and ban not only marijuana facilities in Cheney, but the use of the drug as well, something beyond the council's scope of authority.

"There will be recreational use of marijuana under the laws of Washington in Cheney," Cheney Mayor Tom Trulove said at the time. "We don't get to decide that."

Trulove also noted at that time there were seven bills before the state Legislature that addressed issues surrounding marijuana from allowing the state to supersede local siting laws to prohibiting jurisdictions that banned marijuana facilities from receiving state revenues derived from marijuana taxes. Some of these measures are scheduled to reappear in the 2015 legislative session

A few spoke in favor of letting the ordinance approval process proceed.

"Modifying or repealing is like taking our vote away from us," Cheney resident Bonnie Eccles said. "The law has passed. Let's make it happen the best way possible."

The council took no action at the special meeting, but voted unanimously at its Feb. 11 meeting to let the ordinance process move forward. After review by the Planning Commission March 10, the council approved the first reading of the ordinance at its March 25 meeting, with final passage taking place April 22.

In the interim, after receiving approval from Cheney's planning staff and the Spokane County Hearing Examiner, Cheney Hydroponics entered into an agreement on March 11 with the city to purchase two parcels totaling 42,511 square feet for $90,931 in order to begin construction of its 6,500-square-foot facility. After receiving a waiver of a contract clause requiring a Liquor Control Board license before proceeding with construction, Cheney Hydroponics began construction this past fall, and could commence production and processing later this month.

John McCallum can be reached at jmac@cheneyfreepress.com.