Black Diamond Lifts Cannabis Moratorium

Effective January 1, 2025, the city of Black Diamond lifted its moratorium on new retail cannabis establishments. The moratorium had been in place since 2013. The effort to lift the ban began in January of last year in response to a proposal by city council member Debbie Page. In subsequent months, much of the debate in the city focused on the size of buffers between cannabis retail establishments and facilities where children are likely to be present. Opponents of lifting the moratorium understood that the combination of the city’s limited land-mass, and big buffers, could have the effect of largely keeping the moratorium in place.

Seattle King County REALTORS® staff assisted members of the City’s Planning Commission in assessing policy options available for the city and property owners.

A series of city hearings and meetings occurred during the fourth quarter of last year. On December 4, after considerable opposition from residents, public safety advocates, and stakeholders in the school district, the City Council voted to move forward with lifting the moratorium. By a vote of 4 to 2, councilmembers approved 1,000-foot buffers around schools, and 100-foot buffers for six other kinds of facilities in the city, including: all recreation centers/facilities, childcare centers, public parks, public transit centers, libraries, and game arcades accessible to minors. Buffers of 1,000 feet citywide would have had the effect of continuing the moratorium (by making it impossible to have a parcel that could qualify under the 1,000-foot restrictions), compared to the 100-foot buffers that will likely limit cannabis retail establishments in the city to just two parcels.

Councilmembers Leih Mulvihill and Tamie Deady advocated for keeping the ban in place, and opposed reductions in the size of buffers, citing safety concerns and school district opposition. Deady is expected to run for mayor later this year. Planning Commissioner Pam McCain, who is a REALTOR® with John L. Scott, also opposed lifting the ban when the proposals were being evaluated by the Planning Commission.

One of the motivations for lifting the moratorium appeared to be money, because marijuana is taxed. The marijuana excise tax has two components: the per capita share and the retail share. The per capita share is the portion that is distributed to all cities and counties that do not prohibit marijuana businesses. So, by lifting its moratorium, even if only two retail establishments would be allowed, the city of Black Diamond becomes eligible to receive these funds, which are based on the population of the city.

The retail share is distributed to all cities and counties where marijuana retailers are located. If a marijuana retail establishment locates in the city of Black Diamond after January 1, 2024, the city will also qualify for this share of the marijuana tax revenues.

Initiative 502—approved by Washington voters in 2012—established a comprehensive statewide approach to the regulation of marijuana/cannabis production, processing, and retail establishments. On July 1, 2016, the production and marketing of medical marijuana was integrated into the new statewide regulatory framework, and in 2022 the legislature replaced all references to “marijuana” in state law with the word “cannabis.” Enforcement is the responsibility of the Washington State Liquor and Cannabis Board.