I voted to ban recreational marijuana businesses from the city of Federal Way because of a host of issues that have not yet been resolved by the state and federal governments. But smoking marijuana in the city is not part of the ban.
Under Initiative 502, residents over 21-years-old are legally permitted to own and use marijuana within city limits, provided they adhere to the rules of the law, such as owning no more than one ounce at a time and using it in non-public places.
There has been a lot of confusion about what I-502 provides for, leading to a great deal of community debate. Some people believe this is prohibition. It is not. It is legal to smoke recreational marijuana in the city.
Some people believe the vote was idealogical. For me, it was not. I voted based on pragmatic reasons, which I list below. Some people believe this could be an undue hardship on those seeking to purchase recreational marijuana.
Because of the locations of the zones that have been identified for these businesses, a good portion of the population is probably located closer to recreational stores in other cities than they would be if Federal Way were to have them here.
Some people believe medical marijuana was prohibited by the ban. This is not the case. Medical marijuana is a separate issue and is currently under a moratorium while the state figures out some of the issues relevant to it.
How I interpret I-502 (after conducting extensive research, including seeking information from the Attorney General’s office and the city’s legal department):
• I-502 was about legalizing and decriminalizing the possession and usage of one ounce or less of recreational marijuana by individuals who are 21-years-old or older, and having recreational marijuana businesses in every county. It did not mention or require that these businesses be located in specific cities. It is up to each city to decide whether they would like to zone for recreational marijuana businesses. Medical marijuana is not considered under I-502.
Some of the outstanding issues that led me to my vote to ban recreational marijuana businesses within city limits include:
• There is a lack of revenue sharing from the state to pay for additional public safety elements that would be needed.
• Federal Way does not have a B&O tax, so we would not be receiving this type of revenue like other cities might.
• Recreational marijuana has not been legalized or decriminalized by the federal government. If Federal Way were to license and permit a marijuana business, we could potentially put our staff in jeopardy of Federal legal action.
• Banks are disallowed to accept funds from marijuana businesses. This results in a cash-only business model, which creates more crime.
As you may have read in this paper, it is possible the mayor could veto the ban. If he does, it would take a majority of the council, plus one to override the veto. I will stand by my original vote to ban unless there is some significant positive change to the issues I outlined or unless the Legislature passes a bill to allow voters in Federal Way to make this decision.
Because I believe it is the citizens who should decide this issue, I researched whether we could put this to a citizen vote before it came to the council, but I found that it is not currently permitted under RCWs and FWRCs. Since that isn’t possible at this time, I reached out to the community for their input. A clear majority of those who responded publicly and privately to me were clear in their desire for me not to zone for it at this time.
With ever-evolving variables, the next few weeks will be interesting as the Legislature attempts to get their collective arms around this issue. How the Legislature decides to handle it could affect everything currently being considered in Federal Way in regard to siting recreational marijuana businesses within city limits. Time will also tell whether the mayor decides to veto the council’s ban, and if so, whether the council stands behind its original 5-2 decision.
The one thing we know for sure is, if you are over 21-years-old, you can legally own up to one ounce of recreational marijuana in city limits and smoke it in the privacy of your own home.
Kelly Maloney, councilwoman