Washington Marijuana Production and Sale in Residential Neighborhoods Initiative (2017)

Washington Marijuana Production and Sale in Residential Neighborhoods Initiative
Election date November 7, 2017
Topic Marijuana
Status Not on the ballot
Type State statute	Origin Citizens

The Marijuana Production and Sale in Residential Neighborhoods Initiative was not on the ballot in Washington as an Initiative to the People, a type of initiated state statute, on November 7, 2017.

The measure would have prohibited the production, processing, and sale of marijuana in neighborhoods zoned as residential.

Text of measure

Ballot title

The ballot title was:

“

Initiative Measure No. 1555 concerns marijuana. This measure would prohibit the production, processing, or sale of marijuana in residentially-zoned neighborhoods; set a criminal penalty for violations related to zoning and marijuana; and subject violators to property seizure and forfeiture. Should this measure be enacted into law? Yes [ ] No [ ]

”

Ballot summary

The ballot summary was:

“

This measure would prohibit the production, processing, or sale of marijuana in residentially zoned neighborhoods. It would make the violation of zoning laws for marijuana production, processing, or sales a class C felony. It would also subject violators to property seizure and forfeiture.

”

Full text

The full text of the measure is as follows:

Sec. 1 By enacting this measure, the people intend to maintain health and safety, prevent the disruption of vital utility services, and prevent the unlawful theft of utilities such as power and water that are essential for marijuana grow operations. Sec. 2. A new section is added to chapter 69.50 RCW to read as follows: (1) The production, processing, and sale of marijuana is unlawful in residential zoned neighborhoods. Sec. 3. A new section is added to chapter 69.50 RCW to read as follows: (1) This section does apply to cannabis and marijuana products approved by the United States Food and Drug Administration for consumer use. Moreover, anyone found to be in violation of the zoning laws for marijuana and cannabis production, processing, and sales will be subject to total confiscation of property according to existing federal, state and local laws. All real property found in violation of section 1 will be subject to a maximum penalty of forfeiture and seizure of its deed and or title to the property. The forfeiture will include all homes in violation of the laws governing cannabis and appropriate zoning.  The burden of screening any tenant with intent to occupy the real property rests upon the name and legal owner of the property regardless of whom has residency under the lease or rental agreement at the time of the law enforcement reporting the violation. Homes and other property may be seized for violations of the Washington Uniform Controlled Substances Act if certain conditions are met. A seizure of property commences a forfeiture proceeding in which the law enforcement agency must give notice to the owner and others with an interest in the property within 15 days. After notice has been served, those with an interest in the property have 45 days in the case of personal property and 90 days in the case of real property to respond, or consequently the items will be deemed forfeited. Private or state actors may file an action for damages and forfeiture of property involved in delivery, cultivation, or possession with intent to deliver or cultivate marijuana or cannabis. (2) Definitions for the purposes of this section: (a) "Diverting" means the taking of power or water and term most often used by law enforcement during a marijuana raid to describe the unlawful tapping into or bypassing a metered utility source by marijuana grow house owners. (b) "Power meter" means a utility that monitors usage and is most often attached to the side of a building as a way to measure the usage of electrical power. (c) “Forfeiture and seizure” means loss of legal title as consequence to the violation of the Washington Uniform Controlled Substances Act. (d) “Notice” means communicating to the offending party that has violated the zoning laws for growing cannabis and marijuana. Sec. 3. The provisions in this act are to be liberally construed to effectuate the policies, purposes, and intent of this act. Sec. 4. The provisions in this act are to be liberally construed to effectuate the policies, purposes, and intent of this act. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. Sec. 6. This act may be known and cited as the "cannabis not next door initiative". Sec. 7. This act takes effect January 1, 2018.

Support

Cannabis Not Next Door led the campaign in support of the initiative.

Regis Costello developed the initiative.

Path to the ballot

See also: Laws governing the initiative process in Washington

In Washington, the signature requirement for Initiatives to the People is equivalent to 8 percent of the votes cast for the office of governor at the last gubernatorial election.

To make the 2017 ballot, proponents of Initiatives to the People were required to submit at least 259,622 valid signatures by July 7, 2017. No signatures were turned in for the initiative by the deadline.

Sponsors of the measure originally proposed it as an Initiative to the Legislature, but failed to submit a sufficient number of valid signatures by the deadline on December 30, 2016.

See also

Suggest a link

• 2017 ballot measures
• Washington 2017 ballot measures
• Laws governing the initiative process in Washington