The Federal Way City Council voted to enact a six month extension of the moratorium on marijuana-related businesses, including medical marijuana gardens and stores, at a Council meeting on Tuesday.

However, because the vote was not unanimous — 5-2 on first reading, 6-1 on second reading — the emergent nature of the law dissolved and the moratorium extension won’t take effect until Nov. 24. The current moratorium expires Nov. 5.

An ordinance to a ban on all recreational marijuana businesses and one to extend a moratorium on medical marijuana businesses were initially before the Council that evening, but Councilwoman Susan Honda made a motion to extend the moratoriums for both industries for another six months, stating she felt she needed more information and input.

Councilwoman Dini Duclos seconded her motion.

“I’m open-minded, I want to learn more and I think the Council deserves the time to have experts come in and talk to us,” Duclos said. “In addition, 53 percent of our voters voted to make marijuana legal. We owe some respect to them.”

Councilwoman Lydia Assefa-Dawson, and Deputy Mayor Jeanne Burbidge agreed that banning marijuana businesses in Federal Way was a significant decision to make and that it deserved a thorough analysis.

Councilman Martin Moore said it was the last time he would vote for a moratorium because he believes the Council should move forward.

“As an elected official representing 90,000 people in Federal Way and when 53 percent have spoken up, I can’t in good conscience go against them,” he said.

But Councilman Bob Celski, chair of the Land Use and Transportation Committee who forwarded the ban, pointed to the problems Colorado has faced with marijuana edibles and how people were fearful of candy and pastries being marketed towards children.

“Not long ago, a New York Times columnist visited Colorado, where marijuana is legal, ate marijuana candy and wrote in the New York Times that it left her in an eight hour hallucinatory state,” Celski said. “Imagine what this product can do to kids.”

While Councilwoman Kelly Maloney was initially on the fence about the issue, due to concerns over tax revenues and the cash-only operations, she made up her mind after she disclosed how her life was impacted by the drug.

“I’ll just be out there with it,” she said. “I grew up in a family with a lot of drugs and it affected my family significantly.”

She said the talking points from people who are for marijuana businesses don’t “really resonate.”

“As much as I’m trying to keep this separate, it’s also about the lifestyle of the community.”

Maloney and Celski voted against the first reading of the six-month moratorium, stating that the current year-long moratorium has given them enough time to analyze and allow for public comment.

But then the Council was faced with a conundrum.

“For this moratorium to be effective before [Nov. 5], there needs to be a unanimous vote because there’s a finding in that ordinance that was just passed around that it be for public health and safety,” explained City AttorneyAmy Jo Pearsall to the Council. “It’s important that if we don’t want a gap in that time period from when the moratorium ends on Nov. 5 and the extension, that it be unanimous or we have some other stopgap in place.”

The current ordinance required unanimity to be effective before 30 days from publication. Because it wasn’t unanimous, Pearsall said it wouldn’t take effect until 30 days from when it’s published — Oct. 24, hence the Nov. 24 is when the moratorium would begin.

After voting to re-vote on the ordinance for the moratorium, Celski said he still couldn’t “in good conscience vote for the moratorium.”

The second reading garnered 6 votes in favor, 1 against.

Celski did not return calls or emails before the Mirror’s deadline.

“Part of the privilege of serving on the Council in this position is we always ask people to follow their conscience and Council member Celski did not feel in good conscience to give a vote for that, so I have to respect that,” said Mayor Jim Ferrell. “I don’t use marijuana, I never have. I’m raising a little boy right now and so I have real concerns about his access to marijuana. Ultimately, though the people have spoken about this issue.”

Pearsall said in a follow-up interview that the 19 days between the moratorium would essentially allow marijuana retailers, processors or producers to apply for a city business license but they likely wouldn’t get far.

Pearsall said the business registration code, Chapter 1205 of Federal Way Revised code, has requirements for applications.

“One of those requirements is that if the scope of the business fails to comply with any federal law,” she said, adding that if the city received a business license application for anything marijuana related, they would deny the application because marijuana is still illegal on a federal level.

While it’s possible the applicant could appeal that decision, they would have to do so in 14 days.

The city would then need to notify the hearing examiner in 10 days and he would have to schedule a hearing within 30 days of receiving the appeal.

Ultimately, the applicant would have to show the burden of proof, something Pearsall said would be difficult.

Ferrell said during the time of the moratorium, the Council will learn more about the issues in a study session and during the legislative agenda preparations during regular Council meetings.

“I will probably go down to Olympia to advocate for revenue sharing,” he said, noting many Council members wanted to see how the legislative session panned out in case it was decided cities would get some tax revenue from the businesses. “Should that occur in our city at some point, we would certainly want our fair share of those revenues to counteract law enforcement demands and to make sure there’s an equitable distribution.”

Nevertheless, Federal Way resident Sheryl Nevers said during public comment that it shouldn’t be about the money.

“I would argue that the health and safety of the city’s citizens is far more important than any tax revenue you would glean for any project,” Nevers said during public comment. “Pot smoking has been proven to kill brain cells.”

She said smoking marijuana makes people lazy and, granted, some happy, but asked if the city wanted a bunch of “laughing young people laying around eating candy bars, not going on to higher education.”

Tim Burns, chair of the 30th District Democrats, said while he believes a moratorium is better than a ban, he hopes the Council has the courage to follow the citizen’s vote.

“Marijuana is less of a problem than alcohol,” he said. “I’ve never seen a mean pot head but I’ve seen a lot of alcohol-led domestic violence and if we’re going to ban marijuana shops, let’s ban alcohol shops as well.”

For more information Initiative 502, visit lcb.wa.gov/marijuana/faqs_i-502.