Hoquaim brings code in compliance with pot law

The Hoquiam City Council continued bringing itself in line with state marijuana rules by approving municipal code changes on Monday night.

The City Council acknowledged a recommendation by the Public Safety Committee to “adopt the ordinance to bring the city into compliance with Initiative 502,” which was passed in 2012 and legalized recreational marijuana use throughout the state.

Councilman Richard Pennant asked what the difference was between the code revisions and what was changed through I-502.

“If we file a charge it comes through our court instead of having to go through district court,” City Administrator Brian Shay explained.

The adjustments passed unanimously, a marked change from previous ordinances relating to marijuana.

The council had deliberated for months before passing an ordinance on Aug. 11 allowing retail marijuana business in commercial and industrial zones and production and processing only in industrial areas. Four council members had voted against that ordinance: Greg Grun, Darrin Moir, John Pellegrini and Paul McMillan. Moir had unsuccessfully attempted to amend a measure to ban marijuana retail sales within city limits.

In a previous council session, Moir had said, “They (voters) don’t necessarily make decisions — when they vote — that are in the best interest of the city as a whole.”

Pennant had said the council should follow the will of citizens who approved I-502.

Medical marijuana businesses remain banned within city limits.

Changes

Adjustments were made to section 5A.70.010 “possession of marijuana” and 5A.70.020 “possession of drug paraphernalia.”

The “possession of marijuana” section now reflects changes made by I-502, describing the legal age of possession as 21 years old, and defining “unlawful possession” as more than 28 grams of usable marijuana, or more than 16 ounces of marijuana-infused product in solid form, or more than 72 ounces in liquid form.

Section three was added as 5A.70.040 into the municipal code, entitled “opening or consuming package containing marijuana, usable marijuana, or marijuana-infused product in view of general public — penalty.”

Violation of section three is a class-three civil infraction under chapter 7.80 RCW.

Changes to the “possession of drug paraphernalia” section added the phrase “other than marijuana” to the end of subsection one and two, and further defined drug paraphernalia in subsection four, also including the phrase “other than marijuana.”