Kent City Council votes to ban recreational marijuana businesses

The Kent City Council voted 5-2 to keep all recreational marijuana businesses out of town.

But rather than passing another temporary moratorium, the council adopted an ordinance to ban recreational marijuana retail, production and processing facilities.

The vote on Tuesday night follows the earlier recommendations of the council’s Economic and Community Development Committee as well as the city’s Land Use and Planning Board. Council members Bill Boyce, Jim Berrios, Les Thomas, Dana Ralph and Deborah Ranniger voted for the ban. Dennis Higgins and Brenda Fincher opposed it.

“We had the moratoriums along the way to make sure we got all the facts and data to make sure we’re making the right decision for the city,” Boyce said prior to the vote. “I definitely like to be in first on the leading edge on lots of things but I don’t think this is best for the city of Kent at this time so I will support the ordinance.”

Voters statewide passed Initiative 502 in 2012 to allow such businesses to open. State Attorney General Bob Ferguson issued an opinion that local jurisdictions have the right to ban the businesses.

Kent is the sixth largest city in the state with more than 120,000 people and the largest to ban recreational marijuana businesses. Seattle, Spokane, Tacoma, Vancouver and Bellevue allow such businesses through zoning regulations.

“I believe (city) staff put forth valid options for zoning in the M3 (general industrial) zone area,” Fincher said. “This is a land use question as I see it so I think there were valid options put forth. … We often turn to the will of voters looking at what most voters want in the decisions we’re making and in this case it was clear that most of the voters wanted to allow that use in the state.”

Councilman Dennis Higgins has supported allowing marijuana businesses since the council first began debating the issue two years ago when it banned medical marijuana collective gardens.

“The way we are dealing with marijuana in this country has not worked,” Higgins said. “Marijuana is all over the place. The crime associated with it is here in Kent today. I can’t condone a continued sticking of my head in the sand on this. That’s why I supported I-502, not because I am a fan of marijuana, I am not. I advise my children and many other people not to partake of it.

“But how are we going to spend our public safety dollars? It isn’t working what we’re doing right now. I would rather see us tightly regulate the production and retail sales of marijuana. I’m also concerned that we are going against the will of our voters as 56 percent of the people in Kent voted in favor of I-502. It surprises me it has been so lopsided the decision of this council.”

Besides Boyce, no other council members spoke during the comment period before the vote about why they favor the ban. All had commented at previous meetings about the reasons they support the ban, including because it remains illegal under federal law.