The Issaquah City Council’s Land and Shore committee plans to recommend an extension of a moratorium that for now bans recreational marijuana growing, processing and any retail establishment in the city.

The current moratorium expires March 3.

The committee wants more time to explore the issue and to seek public input. It also wants to see if any changes occur in rules for medical marijuana in the current legislative session.

Issaquah ordinance 2633, which pertains to medical marijuana, or collective gardens, requires those access points to be 1,000-feet from schools and community centers, 500-feet from parks and day cares and 1,000-feet from other collective gardens. The state made no separation laws for the medical industry, but does for recreational marijuana. However, the state doesn’t mandate that recreational and medical facilities be 1,000-feet apart, which the committee is considering.

This comes on the heels of Attorney General Bob Ferguson’s Jan. 16 opinion that cities and counties can make their own decision on banning legal marijuana business. Ferguson’s ruling was in response to a Liquor Control Board request for an interpretation of the initiative approved by voters.

“Under Washington law, there is a strong presumption against finding that state law preempts local ordinances. Although Initiative 502 establishes a licensing and regulatory system for marijuana producers, processors, and retailers in Washington state, it includes no clear indication that it was intended to preempt local authority to regulate such businesses. We therefore conclude that I-502 left in place the normal powers of local governments to regulate within their jurisdictions,” Ferguson’s statement said.

Jason Rogers, associate planner for the city said the AG’s opinion is not binding.

Although the Liquor Control Board calls for an eight-foot fence surrounding outdoor grows, Issaquah may not allow them anyway. The only agricultural areas in the city are in Tibbetts Creek and Issaquah Creek valleys. The city’s zoning is fairly specific on where legal marijuana business can locate. The only retail location allowed south of I-90 is the Meadows Shopping Center on the west end of Gilman Boulevard. Rogers said three applications already have been submitted for that location; a total of 18 retail applications have been submitted for Issaquah, which is only allowed one retail establishment per liquor board allocations based on the 2010 census.

A retail location also could be located in the Klahanie shopping center – someone has applied for that space since it is still in unincorporated King County (unless annexed into Issaquah).

Production (growing) and processing would be allowed in the intensive commercial zone, east of Front Street and I-90 from Issaquah-Fall City Road south to unincorporated King County, the general area where the city shops are located. Two million square-feet for growing has been allowed for the entire state.

Rogers said Issaquah has had two applications for producer/processor. Rogers said they have about six weeks until the moratorium expires. If the city extends the moratorium beyond that, it better have a good reason or it could be construed as a de facto ban, the administration has suggested.

Different from state law, the city also is considering specifying that medical and recreational facilities cannot be in the same location, require notification when a property owner files for a land use permit for marijuana business, require 24/7 security cameras at a marijuana facility and be open to frequent inspections.

Only one resident attended the meeting, Trey Bailey, who is opening a business called “Uphill Running,” near City Hall. He was concerned that the one retail location would be located far from the city center.

“I’m stronger as a business if I work with other businesses,” Bailey said.

He felt restrictions on location would take business away from the downtown shopping area.

The moratorium extension will be proposed to the City Council at the Feb. 3 meeting and referred back to the Land and Shore Committee, which will meet Feb. 11. The meetings are open to the public, and begin at 5 p.m. at City Hall in council chambers. The City Council will then take it up again Feb. 18.

The administration wants public input on this issue.