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Cannabis Not Next Door

Call Washington State Patrol for tips related to all illegal cannabis grow bussinesses in residential neighborhoods. 

1-800-388-4769

DEA  206-553-5443

DEA: 206-553-5443

These cannabis grows are not licensed and are a hazard to national health safety and security.  

Transcribed from TV News...

They may look like any other house on the block, but some single family homes are providing a cover for major pot grows.

 

Dennis Robertson: They are destroying neighborhoods for a quick buck and that is just wrong. We need to find a way to stop it.

 

Tonight the change is coming that could force them out of the neighborhood. Pot growers are packing empty houses with plants because state law does not consider this a crime. But the city of Tukwila is working to close a loophole. Kiro News David Ham is at one of the houses that police busted and David, Some neighbors did not know about the pot grows. Yes, because from the outside the house does not seem unusual. There is a car in the driveway and a fence right over here. Inside cops said they found rooms filled with pot plants. Police also found more than 200 plants inside this house.

 

Dennis Robertson: It is a difficult thing to deal with.

 

City Councilman Dennis Robertson said this is happening not only here but across King County. He said pot growers are buying homes just for growing.

 

Dennis Robertson: They are picking houses because it is much more difficult for police and cities to go in and check houses.

 

The home owner of this house who did not want his face shown he told us he is allowed to have 45 plants for medicinal purposes for himself and for others under what is called a medical marijuana collective.

 

Bottom line… where you selling these plants? Were you growing this pot to sell it ?

 

No, all of these plants were for my own personal use.

 

King County declined to file felony charges because prosecutors said that current laws are not completely clear on this type of growing, however that will change next July when collective gardens will be outlawed in the state and replaced with a more defined system called cooperatives. Robertson can’t wait for that solution to be enacted.

 

Dennis Robertson: They destroy the house. They bring crime into the neighborhoods.

 

The home owner tells me he is still growing 45 pot plants inside his house but the city is working on getting a court order to get him to stop growing altogether.

 

 

Join Washington state voters to protect home owners from illegal cannabis growers.

 

Support home ownership. Keep our neighborhoods safe by voting for Initiative Measure Number -1579.

 

 

Contact: Regis Costello 

Regiscostello@comcast.net

206-747-3638                         

 

 

 

Purchase a polo shirt Cannabis Not Next Door

with embroidered logo and keep Washington

evergreen and free of unlawful marijuana growers.

Send us an email request and we will send you a shirt.

$26.00 plus shipping and tax.

regiscostello@comcast.net

 

Cannabis Crime Shred Initiative  1579

 

 

Purchase a Cannabis Not Next Door shirt with embroidered logo and keep

Washington evergreen and free of unlawful marijuana growers.

 Send us an email request and we will send you a shirt. 

                                                                                       $26.00 plus shipping and tax.

regiscostello@gmail.com

AN ACT Relating to the schedule 1 narcotic known under the name cannabis or hemp  and its electricity theft associated with the unlawful production, processing, and sales in residential zoned neighborhoods; amending RCW 69.50.331 and 9A.82.010; adding a new section to chapter 69.50 RCW; creating new sections; prescribing penalties; and providing an effective date.

 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

NEW SECTION.   Sec. 1.  (1) When a cannabis plant is cultivated within a zoned real property other than residential zone, a business license must be obtained with an employer identification number as it is determined the cannabis activity is for commercial use only. Therefore, only within appropriate zoned areas will all cannabis and hemp activity be allowed. Under no circumstance will it be permitted to grow or cultivate cannabis or hemp within a residential zone.

    (2) Electricity is essential for industries and residential   dwellings in Washington state. Since the legalization of recreational use of cannabis following the passing of Initiative Measure No. 502, criminal electricity theft associated with bypassing power meters to grow cannabis has continued within residential zoned neighborhoods. As nearly all power transformers are shared with adjoining properties in residential neighborhoods, the offending criminals cause electricity disruptions for homeowners. In addition, the criminals avoid licensing requirements, quality control, and taxation.

(3) The criminal conduct has not subsided since the passing of Initiative Measure No. 502 for recreational use. In fact, the problem has resulted in an increase of illicit narcotic abuse and death particularly with younger adolescent population. There is no excuse for this breakdown  in  law and order  and  safety.  Financial institutions and insurance companies have now offered some services to the cannabis companies that are in compliance with the laws of  Washington state.

Many resources are found at the Washington state  department of  financial  institutions website.

         https://dfi.wa.gov/cannabis/financial-services

NEW SECTION.   Sec. 2. The legislature intends to prevent the unlawful theft of electricity in cannabis and hemp operations by prohibiting all cannabis and hemp activity in residential  zoned real property.

NEW SECTION.     Sec. 3.     A new section is added to chapter 69.50 RCW to read as follows    (1) The production, processing, and sale of cannabis and hemp is unlawful in residential zoned neighborhoods.

 (2) This section applies to cannabis and hemp tetrahydrocannabinol, cannabinol, and cannabidiol products, whether or not approved by the United States department of health and human  services, the United States food and drug administration, or the United States department of agriculture for consumer use.

A  person,  congregation  of  people,  business  entity,  or  corporation found to be imposing crime, and in violation of the zoning laws for cannabis and hemp production, processing, and sales is subject to total confiscation of the property according to existing federal, state, and local laws. Utility companies, utility districts, contractors, and agents cannot declare immunity. Moreover, utility company associates, partners, real estate brokers, legal counsel, county councilmembers, county executives,  city councilmembers, city  mayors,  or  subcontractors cannot  declare immunity, and, therefore, will be prosecuted for aiding in the   imposing  crime  of  electricity  theft.  Specifically, when  the Washington state patrol or drug enforcement agency tip line is used to identify a crime and the tip has not been properly pursued by the utility company or its partners or associates, then the burden of  proof lies on the utility company to determine its intent not to act in accordance with the  laws.

(a) A person who violates this section or corporate officer who violates this section, is subject to a class C felony under chapter 9A.20 RCW and the penalties provided in RCW 9A.82.100. A real property owner found in violation of this section is subject to a  penalty of forfeiture and seizure of personal and real property. The forfeiture includes all homeowners in violation of the laws governing appropriate zoning for cannabis and hemp. The burden of screening any  tenant including, but not limited to, the cease and desist of all  aspects  with  intent  to  occupy  and  conduct  unlawful  narcotics  activities on the real property, rests upon the legal owner of the real property regardless of who has residency under the lease or rental agreement  at the time law enforcement  reports the  violation.

(b) Anyone responsible or culpable of unlawful cannabis, hemp, and narcotic processing resulting in toxic residue without proper storage or disposal is subject to a $1,000 fine. Toxins are not  limited to molds, chemicals, or  plastic  packaging  and  syringes.

   (c)(i) Any person, congregation of people, business entity, or  corporation, engaging in cannabis commerce of any kind outside a  residential zone, and within a properly zoned area for cannabis and  hemp, must report to the department of homeland security by January 15th of  each  year  for  annual inspection.

(ii) County executives, city and county councilmembers, and city mayors  must  sign  off  for  the  annual  inspection  by  authorized signature within the municipality of all cannabis activity. The nature of the annual inspection shall be for the purpose of zoning, health, terrorism hazard assessment, and safety code compliance  verification. Annual compliance can also be verified through the  Washington  state  patrol.

(d)  All  individual  sole  proprietors  and  business  entities maintaining cannabis code compliance verification for zoning, health, terrorism hazard reduction, and safety, shall receive a tax break incentive in the amount of 10 percent of the total annual sales. Conversely, failure to obtain verification will subject the real  property  owner and  business  entity  to  a $5,000 fine.    

(e) Property disclosure statements shall be made available for public record and documented within the real property records in the county of which the real property is subject to criminal cannabis  production and law enforcement sanctions. Any real estate broker,  agent, county councilmember, county executive, city councilmember, city mayor, or legal counsel representing a real property owner that  fails to identify any criminal activity regarding any cannabis or   narcotics on a residential seller disclosure statement is subject to  a $5,000 fine. All fines collected from those who impose cannabis  crime shall be allocated in United States currency to support roadway cleanup at and around highways and bridges. Supervising authority will be through the Washington state department of transportation and currency held in escrow under its oversight.

(4) The definitions in this subsection apply throughout this  section  unless  the  context  clearly requires otherwise.

(a) "Cannabis" means the dried tops of hemp plants (Cannabis sativa),  which  have  euphoric principles  (tetrahydrocannabinols),  classified as a hallucinogen.

     (b) "Electricity theft" means diverting, altering, or bypassing  any power meter designated for regular    

    power supply use and monitored  by  the  local  utility  district  or  company  for  residential  and

     commercial power. The alteration theft of power is committed by the growers, manufacturers, and   

   processors of cannabis, and cannabis and    hemp  related  products  in  order  to  remain  undetected  

     by  law  enforcement  officials.

     (c) "Forfeiture and seizure" means loss of legal title as a  consequence to the violation of this section.

     (d) "Hemp" has the meanings provided for "hemp" and "industrial hemp" in RCW 15.140.020 including, but not limited to, recent food  and drug administration warnings for illegal delta 9 and delta 8  products.

     (e) "Terrorism hazard" means any method of harassment with the intent to cause mental or physical injury or death for the purpose of advancing the organization through extreme fear and intimidation.

(f) "Tetrahydrocannabinol" means either of two physiologically active isomers from hemp plant  resin, the chief intoxicant  in cannabis.

(g) "Toxin" means the residual chemicals and mold absorbed within the sheetrock and wood or construction materials that occur during irrigation and treatment of cannabis or hemp.

  (h) “Real Property Disclosure Statement” means itemized history of   permitting  and activity  pertaining to non-permitted unlawful growing  of cannabis or hemp. Emphasis on utility locates when using the 811 utility locate service resulting in errors and omissions with companies performing locates of electricity lines buried underground.                                              

Sec. 4.           RCW 69.50.331 and 2022 c 16 s 58 are each amended to  read as follows:    (1) For the purpose of considering any application for a license to  produce,  process,  research,  transport,  or  deliver  cannabis,  useable cannabis, cannabis concentrates, or cannabis-infused products  subject to the regulations established under RCW 69.50.385, or sell  cannabis, or for the renewal of a license to produce, process,  research, transport, or deliver cannabis, useable cannabis, cannabis  concentrates, or cannabis-infused products subject to the regulations  established under RCW 69.50.385, or sell cannabis, the board must   conduct a comprehensive, fair, and impartial evaluation of the  applications timely received.

(a) The board may cause an inspection of the premises to be made, and may inquire into all matters in connection with the construction  and operation of the premises. For the purpose of reviewing any  application for a license and for considering the denial, suspension,  revocation, cancellation, or renewal or denial thereof, of any  license, the board may consider any prior criminal arrests or  convictions  of  the  applicant,  any  public  safety  administrative  violation history record with the board, and a criminal history  record information check. The board may submit the criminal history  record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in  order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the  forms. The board must require fingerprinting of any applicant whose  criminal history record information check is submitted to the federal  bureau of investigation. The provisions of RCW 9.95.240 and of   chapter 9.96A RCW do not apply to these cases. Subject to the  provisions of this section, the board may, in its discretion, grant  or deny the renewal or license applied for. Denial may be based on,  without  limitation,  the  existence  of  chronic  illegal  activity  documented in objections submitted pursuant to subsections (7)(c) and (10)  of  this  section.  Authority  to  approve  an  uncontested  or  unopposed license may be granted by the board to any staff member the  board designates in writing. Conditions for granting this authority must be adopted by rule.

       (b) No license of any kind may be issued to:

       (i) A person under the age of twenty-one years;     

       (ii) A person doing business as a sole proprietor who has not lawfully resided in the state for at least six months prior to  applying to receive a license;

       (iii) A partnership, employee cooperative, association, nonprofit corporation, or corporation unless formed under the laws of this state, and unless all of the members thereof are qualified to obtain a license as provided in this section; or

   (iv) A person whose place of business is conducted by a manager or agent,  unless the manager or agent  possesses the same  qualifications required of the licensee.

(2)(a)  The  board  may,  in  its  discretion,  subject  to  RCW    43.05.160,   69.50.563,   69.50.562,   69.50.334, and 69.50.342(3) suspend or cancel any license; and all protections of the licensee from criminal  or  civil  sanctions  under  state  law  for  producing,  processing, researching, or selling cannabis, cannabis concentrates,

 useable cannabis, or cannabis-infused products thereunder must be  suspended or terminated, as the case may be.

(b) The board must immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license is automatic upon the board's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the  order.

(c) The board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses, receive testimony in any inquiry, investigation,

hearing, or proceeding in any part of the state, and consider mitigating and aggravating circumstances in any case and deviate from any prescribed penalty, under rules the board may adopt.

(d) Witnesses must be allowed fees and mileage each way to and from any inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446. Fees need not be paid in advance of    appearance of witnesses to testify or to produce books, records, or  other legal evidence.

(e) In case of disobedience of any person to comply with the  order of the board or a subpoena issued by the board, or any of its  members, or administrative law judges, or on the refusal of a witness  to testify to any matter regarding which he or she may be lawfully  interrogated, the judge of the superior court of the county in which  the person resides, on application of any member of the board or  administrative law judge, compels obedience by contempt proceedings,  as in the case of disobedience of the requirements of a subpoena  issued from said court or a refusal to testify therein.

(3) Upon receipt of notice of the suspension or cancellation of a license, the licensee must forthwith deliver up the license to the board. Where the license has been suspended only, the board must return the license to the licensee at the expiration or termination of the period of suspension. The board must notify all other

licensees in the county where the subject licensee has its premises of the suspension or cancellation of the license; and no other  licensee or employee of another licensee may allow or cause any cannabis,  cannabis  concentrates,  useable  cannabis,  or  cannabis-infused products to be delivered to or for any person at the premises  of the subject licensee.

(4) Every license issued under this chapter is subject to all conditions and restrictions imposed by this chapter or by rules adopted by the board to implement and enforce this chapter. All conditions and restrictions imposed by the board in the issuance of an individual license must be listed on the face of the individual license along with the trade name, address, and expiration date.

(5) Every licensee must post and keep posted its license, or  licenses, in a conspicuous place on the premises.

(6) No licensee may employ any person under the age of twenty-one  years.

(7)(a) Before the board issues a new or renewed license to an applicant it must give notice of the application to the chief executive  officer  of  the  incorporated  city  or  town,  if  the application is for a license within an incorporated city or town, or to the county legislative authority, if the application is for a  l icense  outside the boundaries of incorporated cities or towns, or to the tribal government if the application is for a license within  Indian country, or to the port authority if the application for a    license is located on property owned by a port authority.

(b) The incorporated city or town through the official or    employee selected by it, the county legislative authority or the  official or employee selected by it, the tribal government, or port  authority has the right to file with the board within twenty days  after the date of transmittal of the notice for applications, or at least thirty days prior to the expiration date for renewals, written objections against the applicant or against the premises for which

the new or renewed license is asked. The board may extend the time period for submitting written objections upon request from the  authority  notified by the  board.

(c) The written objections must include a statement of all facts upon which the objections are based, and in case written objections are filed, the city or town or county legislative authority may request, and the board may in its discretion hold, a hearing subject to the applicable provisions of Title 34 RCW. If the board makes an initial decision to deny a license or renewal based on the written objections of an incorporated city or town or county legislative authority, the applicant may request a hearing subject to the applicable provisions of Title 34 RCW. If a hearing is held at the request of the applicant, board representatives must present and defend the board's initial decision to deny a license or renewal.

(d) Upon the granting of a license under this title the board must send written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the  boundaries of incorporated cities or towns. (8)(a) Except as provided in (b) through (e) of this subsection, the board may not issue a license for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged   twenty-one years or older.  (b) A city, county, or town may permit the licensing of premises within one thousand feet but not less than one hundred feet of the facilities described in (a) of this subsection, except elementary schools, secondary schools, and playgrounds, by enacting an ordinance

authorizing such distance reduction, provided that such distance  reduction  will  not  negatively  impact  the  jurisdiction's  civil  regulatory enforcement, criminal law enforcement interests, public  safety, or public health. (c) A city, county, or town may permit the licensing of research  premises allowed under RCW 69.50.372 within one thousand feet but not  less than one hundred feet of the facilities described in (a) of this  subsection  by  enacting  an  ordinance  authorizing  such  distance  reduction, provided that the ordinance will not negatively impact the  jurisdiction's  civil regulatory enforcement,  criminal  law enforcement, public safety, or public health.

(d) The board may license premises located in compliance with the distance requirements set in an ordinance adopted under (b) or (c) of

this subsection. Before issuing or renewing a research license for premises within one thousand feet but not less than one hundred feet of  an  elementary  school,  secondary  school,  or  playground  in compliance  with  an  ordinance  passed  pursuant  to  (c)  of  this subsection, the board must ensure that the facility:

(i) Meets a security standard exceeding that which applies to  cannabis producer, processor, or retailer licensees;

(ii) Is inaccessible to the public and no part of the operation of the facility is in view of the general public; and

(iii) Bears no advertising or signage indicating that it is a   cannabis  research   facility.

(e) The board must issue a certificate of compliance if the premises met the requirements under (a), (b), (c), or (d) of this subsection on the date of the application. The certificate allows the  licensee  to  operate the  business at the proposed location not withstanding  a  later occurring,  otherwise  disqualifying  factor.

 (f) The board may not issue a license for any premises within Indian country, as defined in 18 U.S.C. Sec. 1151, including any fee patent lands within the exterior boundaries of a reservation, without  the consent of the federally recognized tribe associated with the  reservation or Indian country.

 The board shall not issue a license to a cannabis or hemp producer or processor located within areas zoned primarily for residential use or rural use. When a cannabis plant is growing within a real property zone other than residential zone, a business license must be obtained with an employer identification number as it is determined the cannabis activity is for commercial use. Therefore, only within appropriate zoned areas will all cannabis and hemp activity be allowed. Under no circumstance will it be permitted to grow or cultivate cannabis or hemp within a residential zone.

(10) In determining whether to grant or deny a license or renewal of any license, the board must give substantial weight to objections from an incorporated city or town or county legislative authority based upon chronic illegal activity associated with the applicant's operations of the premises proposed to be licensed or the applicant's operation of any other licensed premises, or the conduct of the applicant's patrons inside or outside the licensed premises. "Chronic illegal activity" means (a) a pervasive pattern of activity that  threatens the public health, safety, and welfare of the city, town, or county including, but not limited to, open container violations,  assaults, disturbances, disorderly conduct, or other criminal law  violations, or as documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or  similar records of a law enforcement agency for the city, town, county, or any other municipal corporation or any state agency; or (b) an unreasonably high number of citations for violations of RCW 46.61.502 associated with the applicant's or licensee's operation of  any licensed premises as indicated by the reported statements given  to  law enforcement upon arrest.

Sec. 5.  RCW 9A.82.010 and 2013 c 302 s 10 are each amended to read as follows: Unless the context requires the contrary, the definitions in this section apply throughout this chapter…

(uu) Electricity  theft, as  defined in section  3 of this act.

(vv) Property disclosure statement, pertaining to utility locate services, also known as 811 utility locate as defined in section 3 of this act…

NEW SECTION.  Sec. 6.    This act must be liberally construed to  carry out its policies, purposes, and intent.

     NEW SECTION.   Sec. 7.     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.

     NEW SECTION.   Sec. 8.   This act may be known and cited as the  cannabis  crime  shred  act.

NEW SECTION. Sec. 9. This act takes effect January 1, 2024.