Interim Zoning Rules: A Smarter Alternative to Moratoriums

Bainbridge, Washington is considering interim zoning rules for retail marijuana shops, primarily because they know a moratorium sends the wrong message to voters that approved legalization. The interim rules will protect the city from having to approve applications that are vested before final regulations are in place, and can be revisited by the city at a later time.

“If an application comes in to the Liquor Control Board and we don’t have zoning regulations in place, but then we get the regulations in place, they are not going to apply to that application, because the application would be vested,” City Manager Doug Schulze explained to the city council. “It’s an opportunity for the council to immediately implement regulations so that we are positioned to at least address applications that might come in before we are able to have a process in place.”

I wish more cities were smart enough to take this approach, rather than disrespecting the will of the voters with 1 or 2 year moratoriums. The county of Walla Walla in Washington just enacted a 1 year moratorium on marijuana businesses. Many people in support of these moratoriums do have valid concerns, such as the effect on patients of mixing medical and recreational marijuana, but they do not seem to know about the option of drafting interim rules for the fledgling industry. Other concerns obviously fall into the “sky is falling” category, with worries about substance abuse for young people and federal enforcement of the Controlled Substances Act (which the feds just stated won’t happen as long as priorities are met).