PORT TOWNSEND — The Jefferson County commissioners took passive action Monday on a moratorium on recreational marijuana businesses by not voting on the measure’s extension, setting the stage for its expiration Feb. 11 if no further action is taken.
In August, commissioners imposed a six-month moratorium on such businesses located in unincorporated areas with the purpose of taking the time to develop guidelines.
In January, the Department of Community Development requested another four months to complete that task.
But the board split Monday, with commissioners David Sullivan supporting the moratorium’s expiration, Kathleen Kler advocating its extension and Phil Johnson undecided.
The commissioners had two options for a moratorium extension: One to extend the measure as is and a second to amend it to exempt businesses on parcels larger than five acres.
Kler moved to approve the latter option but it died for lack of a second.
The only other motion at the hearing came from Sullivan, who moved that the commissioners should study the issue in conjunction with the Jefferson Count Planning Commission, which passed unanimously.
County Administrator Philip Morley said the commissioners had the option to pass a motion stating that it was their intention for the moratorium to expire, a move that would close the door on any further action.
No such motion took place, leaving open the possibility that it could be addressed at the next regular commissioners’ meeting at 9 a.m. Monday in Jefferson County Courthouse chambers, 1820 Jefferson St.
Discussion of marijuana regulations is already on the agenda for the next scheduled Planning Commission meeting at 6:30 p.m. Wednesday at the Tri Area Community Center, 10 Valley Road in Chimacum.
The decision to allow the moratorium to expire disappointed those on both sides of the debate.
“We were hoping that the moratorium would give us more time to work with the Planning Commission,” said Peter Davis of Port Townsend, who lives in proximity to a proposed marijuana grow operation.
“Our big concern is the 1,000-foot buffers. The Liquor Control Board has set up perimeters for schools, but not for our children, where they live.”
“I tend to believe our decisions should be based on facts and science and not on fear,” said Jean Ball of Chimacum, who is hoping to harvest a cannabis crop this year.
At previous hearings, Ball said the moratorium’s extension would cut into her growing season, but she still isn’t getting started until after the moratorium’s expiration date.
“Anything can happen, and as long as the moratorium is in place, we can’t get started,” she said, adding that she plans to jump start the operation Feb. 11.
About 30 people attended the meeting Monday, which was moved to the Cotton Building in anticipation of larger crowds.
Debate of the issue during the public comment period preceding the commissioners’ discussion was evenly matched, with many previous commenters returning to restate their positions.
“There is no rush,” said Chris Mayer of Chimacum, speaking in favor of the moratorium’s extension.
“Too often counties are making decisions, seeing the impact on the community and then revisiting the rules. By then the collateral damage is already done.
“Please respect our desire to live in neighborhoods that are free of the negative impacts of growing and processing marijuana, and place them in urban and industrial areas.”
Tom Thiersch of unincorporated Jefferson County challenged the motives of those who seek to extend the moratorium.
“They don’t want a moratorium, they want a ban,” he said.
“They don’t want to restrict marijuana growing here or there they don’t want it anywhere, which is really too bad because that’s not what we approved as voters.
“People bought houses located in a commercial zone who are now complaining that a commercial activity might actually be started there.
“Well sorry, that’s the way it is, the proposed use is completely consistent with the proposed use of the property.”
Discussion of the moratorium has taken center stage for the commissioners since the beginning of the year, discussed at weekly meetings and taking over a majority of public comment time.
Last week, Sullivan announced that he was in favor of allowing the moratorium to lapse, stating the industry is properly governed by regulations from other agencies, both state and county.
Kler distributed and read a statement that indicated her support of extending the moratorium.
“Our present agricultural code has no limits for scale and intensity, no caps on number of buildings, number of employees or setbacks,” she said.
“The designation of cannabis as an agricultural crop or not will not and cannot be settled today.”
Johnson, the potential swing vote, said he could see both sides and declined to second Kler’s motion to extend the moratorium.
Johnson said he was concerned about reports of explosions at marijuana facilities but found that such events don’t occur at legal or licensed operations.
Aside from formal discussions with the Planning Commission, Kler called for more informal discussions.
“There needs to be some kind of community where people begin discussing among themselves some of these great differences about facts, opinions and fears,” she said.
“I think the conversation needs to cross the aisle.”
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Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or at cbermant@peninsuladailynews.com.