The Black Diamond City Council received strong condemnation from its constituents regarding its decision to zone marijuana businesses inside city limits.

During a Nov. 7 public hearing, a dozen people — including a few Enumclaw High School students — made their opposition clear about not just the council’s proposed plan to allow marijuana retail shops to operate within 100 feet from various other businesses like child care centers and parks, but its decision to lift its cannabis moratorium at all.

Some history: Amidst the uncertainty about the effects of legalized marijuana when Washington voters passed I-502 in 2012 (and the first pot shops opened two years later) Black Diamond’s elected officials enacted a cannabis moratorium in order to keep all marijuana-related businesses outside city limits in 2015.

There has been scattered discussion about lifting the ban since, but Councilmember Debbie Page recently spearheaded an effort to lift the moratorium and figure out where a marijuana retailer could operate in the city.

Her efforts were successful on Jan. 12, 2024, when the council voted 4 – 2 to lift the moratorium. Voting in favor were Councilmembers Page, Kristiana de Leon, Therron Smith, and Nathan Jones; voting against was Councilmembers Tamie Deady and Leih Mulvihill. Councilmember Brad Douglass abstained from the discussion and vote.

The discussion since has been about where to zone marijuana businesses, particularly retail shops, before the moratorium officially lifts on Jan. 1, 2025.

After much discussion, the city appeared to be on the cusp of allowing marijuana retailers to operate within Community Commercial and Neighborhood Center zones, with a 1,000-foot barrier from operating near schools and playgrounds (a state requirement) and a 100-foot barrier from businesses like recreation centers or facilities, child care centers, public parks, public transit centers, libraries, and any game arcade where admission is not restricted to persons twenty-one years of age or older.

It should be noted that it appears no child care or recreation centers in the zones where a marijuana retailer could operate, though one zone is close to the city skate park; it’s also unknown if any marijuana retailers are considering Black Diamond as a place to set up shop at this time.

A verbal count during an Oct. 3 meeting showed that five of the seven council members — Page, de Leon, Smith, Jones, and Douglass — support a 100-foot barrier.

But this proposal, and the plan to even allow marijuana retailers to operate in the city, didn’t sit well with several city residents and Enumclaw School District students. The public hearing on Nov. 7 period lasted half an hour.

A RESOUNDING ‘NO’ FROM RESIDENTS

LouAnn Sawyer, co-director of Enumclaw Youth Empowered, presented some data to the council about local marijuana use.

According to the Washington State’s Healthy Youth Survey, Black Diamond and Enumclaw 8th grade consumption of marijuana in jumped from 4 to 6% from 2021 to 2023, and in 10th grade, from 7% to 12% in the same time period.

Additionally, the survey shows that 28% of 10th graders believe regular marijuana use isn’t risky.

“This is super scary amongst our youth,” Sawyer said.

Tatum Howard, the other Enumclaw Youth Empowered director and who works directly with students with substance use issues, said that a major issue right now is that older kids are sharing their marijuana with their younger siblings, and those minors share it with their friends.

This “is something that I see on a daily basis,” she continued.

While Sawyer and Howard’s presentation was data heavy, others were emotional pleas.

Enumclaw High School student Emma Mullen said that she’s affected by marijuana use every day at school.

“… [A]t the high school, we have one bathroom open because of situations with students vaping, doing drugs in the bathroom,” she said. “You walk into the bathroom, you can smell disgusting weed. It’s horrible and ratchet and makes it hard to go to school.”

Instead of zoning for marijuana retailers, Mullen said the city should focus on parks or other social-recreation opportunities and facilities, like an arcade or bowling alley.

“It feels like we’re putting money before the wellbeing of our community and what we’re bringing in to our small, lovely, amazing town that we love,” she said. “… Socialization is prevention. We have nowhere to socialize other than the parks. If we bring cannabis stores in, it can change those parks from being family-friendly and fun into a place people to go to meet up and smoke. It’s sad and scary.”

And Janet Groves, a security officer at EHS, said that she has to take in kids daily on drug-related issues.

“My job has gotten extremely hard in the last… five years,” she told the council.

In an email interview, Councilmember Page said she appreciated everyone who came forward to talk about this issue.

But “[w]hile the most recent hearing featured perspectives predominantly opposed to cannabis retail, this represents one component of our broader community engagement efforts, which have included multiple public hearings,” she continued. “In my role, I carefully consider all public input while working to develop balanced regulations that align with state law and serve our community’s diverse needs. The upcoming expiration of the moratorium reflects extensive deliberation, and I remain committed to working toward thoughtful, comprehensive regulations that address community concerns while providing clear guidelines for businesses.”

OTHER ISSUES: CRIME, TAXES

Several other speakers expressed concerns about crime and how law enforcement would be affected.

Black Diamond Police Department Commander Brian Martinez said during the Sept. 12, 2023 Planning Commission meeting about marijuana zoning that armed robberies of pot shops have been trending higher.

However, several sources reporting on the total number of marijuana break-ins rely on an informal tally created by Seattle-based marijuana retailer Uncle Ike’s, and tracks break-ins from 2017 on. The tally reports 30 break-ins in 2020 and 38 in 2021, but 104 in 2022.

Last year, Uncle Ike’s reported 62 break-ins.

Martinez also touched on how studies show that property crimes increase around marijuana retailers; a 2021 study titled “Exploring the Neighborhood-Level Impact of Retail Marijuana Outlets on Crime in Washington State” found “modest but statistically significant increases in property crime in Census block groups containing new retail stores.”

However, the study focused on the cities of Seattle, Bellevue, and Tacoma.

“I honestly believe [crime] is going to rise, in some sort or another — maybe not violent crimes, hopefully not violent — but there are property crimes involved with this,” Martinez said. “… It’s the name of the game.”

When asked if he would not recommend the city zone lift its marijuana moratorium, Martinez deflected.

“That’s not a question I’m prepared to answer,” he said. “… I understand the benefits of having a retailer here, because it does bring revenue to the city… I just want us to be prepared as a city if we go that route, [that] the safety protocols are put into place and make sure that… our officers are safe, that we have enough manpower to be able to handle the calls that are be associated with the retailer, and then also safety protocols for the retailers themselves, the people that are working there… and of course, the community, and that they’re safe.”

Martinez recommended the city fully staff its police department, something which has been achieved this year, according to Chief Jamey Kiblinger. He also recommended that the city require a 1,000-foot barrier between marijuana retailers and certain other businesses.

Although the city seems poised to use a 100-foot buffer, the proposed regulations will allow the city to require, “where feasible” security gates over windows or doors, glass-break sensors, additional site lighting, and any other security features deemed necessary during the site plan or building permit review.

As for tax revenue, Buckley City Administrator Courtney Brunell said the city, with its two marijuana retailers, is expected to receive $79,000 in tax revenue through the state’s marijuana excise tax. The city does not receive direct sales tax from cannabis products, but it does get taxes from non-cannabis products like pipes and clothing.

In comparison, the new McDonalds that is opening in Buckley is expected to generate between $23,000 and $50,000 in sales tax.