Seattle MMJ letter and "Tips"

City o f Seattle Edward B. Murray, Mayor Finance a n d dministrative Services Fred Podesta Director epartment o f lanningand evelopment Di ane Sugimura, Direct or October 16 2 14 Dear Seattle Business Operator: The Seattle Department o f Planning and Development (DPD) recently issued an updated Tip Sheet outlining requirements for operati ng a busi ness involving the growing, processing, selling, or del ive ry of marijuana in Seattle. As with any business, you must comply with Seattle's zoning code, obtain all required permits, and obtain a business license and pay all applicable taxes. The enclosed Tip Sheet 134 explains these specific requirements. involves more than 45 mari juana plants or 72 ounces of useable marijuana. Major marijuana activity is prohibited in certain zones. It is also prohibited everywhere in Seattle without a license issued by the Washington State Liquor Control Board (LCB). Businesses that have been conducting ma jor marijuan a act ivi ty sincebefo re Novembe r 16, 2013 hav e unt il July 1,2015 (or January 1,2016, depending on action by the state legislature), to either: (1) obtain a state-issued lic en se or (2) stop co nd uc ti ng major ma ri juana acti vi ty . Any new (i .e ., co mmen ci ngon or af te r November 16, 2013 major marijuana ac ti vity in eattle must ha vea state license. Ifyou began operating after November 16,2013 and do not havea state issued license, you are in violation of City law and can be subject to enforcement action. Weurgeyou to ca refull y r e vie w Tip Shee t 134 an d all of the cited Seattle Muni cipa l Co de pr ov isions . Note that compliance with Seattle laws regarding zoni ng,building pe rmits, and business license s does not nec essari ly const itute compli anc ewith appli cable state and federal laws—you are independ en tl y re sp on sibl e for re vi ew in g, unde rst an di ng , and complyin g with state and federal laws rela ted to ma ri ju an a. You should c on sult your own att orn ey abo ut these laws and how they af fect your business. Although marijuana remains illegal under federal law, the U.S. Depa rt ment of Justi ce issued a memorandum on August 29, 2013, out liningits en fo rc em en t pr iori ti es rega rd in g marijuana. If you are op erating as an 1-502 business, ple aseconsultwith the LCB rega rding appl icabl e laws, ru le s, and procedures. If you are ope rat ing as a me di c al ma ri ju an a business , we sug gestcare fu ll y revie wing RCW Chapt er 69.50and rec ent cas e law in te rpre ti ng this law, including State v eis 180 Wn. App. 438, 322 P. 3d 1238 2014 . The court in is held that compliance with medical marijuan a laws creates an affirmative defense to criminal prosecution but does not prevent such prosecution. Department of Finance and Administrative Services Department of Planning and Development 700 FifthAvenue , 42 «» 43rd Floors 700 Fifth Avenue, Suite 2000 P.O. Box 94669,Seattle, Was hin gt on 98124-4669 P.O. Box 34019, Seattle,Wash ing ton 98124-4019 Tel (206) 386-0041 Fax (206)684-7898 Tel (206) 684-8600 Fax (206) 233-7883 http://www.seattle.gov/FAS http://www.seattle.gov/DPD Hearing Impaired use th e Washington Re la y Service (7-1-1)

Seattle MMJ letter and "Tips"

Documents

Transcript of Seattle MMJ letter and "Tips"