LYNNWOOD—Lynnwood City Councilmembers continued its ongoing discussion on whether, or not, they will be allowing retail cannabis stores to operate within city limits during its Work Session, Monday, June 16, where councilmembers heard from Representative Lauren Davis (LD-32) and community health advocates on the potential health risks of cannabis, specifically high potency THC, or tetrahydrocannabinol.

Rep. Lauren Davis (LD-32), who considers herself an “evidence-based” politician, first spoke, raising important health concerns—both physical and mental.

“When voters went to the booths in 2012, they thought they were legalizing cannabis – the plant that grows in the ground, but Washington actually didn’t legalize cannabis we commercialized THC,” said Rep. Davis. “We legalized business investment, we legalized scientists to breed the most potent varieties, we legalized extraction.”

Davis first made the point that when cannabis was first legalized in Washington state in 2012, black market potency was around 7-10%; Now products sold in retailers can be up to 99% potency which drives addictive tendencies, carries severe health concerns, and plays a role in mental wellness as well.

“If you’re a for-profit business you have two options; you can grow your customer base, or you can have your existing customers buy more of your product. If you’re an addiction-for-profit company you do that by making your product more addictive, and the way that you make cannabis more addictive is you make it more potent,” said Davis.

The health data used to consider legalizing cannabis in 2012 was much different than the health impacts of more potent cannabis today, Davis continued. She presented the council with updated data divided into three categories: physical health, mental health, and addictive health.

Cannabis is antiemetic meaning it suppresses vomiting and nausea – one of the FDA-approved medical uses for it (for example, cancer patients undergoing chemotherapy). High potency cannabis, on the other hand, is the opposite of that; it induces vomiting and nausea. There is a new diagnosis called cannabinoid hyperemesis syndrome (CHS) which is a cannabis-caused cyclical vomiting disorder that can be fatal. A man in his 20’s from Mount Vernon died recently, Davis said, due to a dehydration-induced seizure caused by CHS.

In low potency cannabis, there have been little-to-no rates of addiction, whereas in high-potency products, there are quite a few cases of cannabis addiction, according to Davis.

As for mental health impacts, high-potency cannabis products have been known to cause suicidal thoughts, trouble sleeping, anxiety, but most concernedly psychosis.

“Everyone has a threshold in their brain of which we can develop psychosis. High-potency cannabis lowers the threshold in which you can develop it,” said Davis.

For one third of individuals who present to an emergency department cannabis-induced psychosis, a third of them will have a diagnosis of schizophrenia within three years and half will have a diagnosis of schizophrenia within eight years, Davis said adding that there is no cure for schizophrenia and people who are diagnosed tend to die 25-years younger.

Studies have shown that in cases of young men suffering from schizophrenia, aged 21 to 30, a third of them would never have developed schizophrenia if it weren’t for the availability of high-potency THC.

Also, when comparing data of cannabis usage from 25 years ago until today, there is a 70-fold increase. So not only is the product much more potent, but people are also using it a lot more. There are now more daily users of cannabis than there are daily alcohol users. Approximately 98% of cannabis users, according to Davis, have a substance use disorder.

Davis also refuted the argument by cannabis proponents that if Lynnwood were not to allow retail cannabis stores within its city limits, consumers would drive out of the city to buy cannabis, anyway; stating that statistics show cannabis users living more than a 10-19 drive from the nearest cannabis store were less likely to develop problematic cannabis use disorder.

Density also matters, Davis continued, adding that a study conducted in Northern California found that residents living in a city where retail cannabis was not allowed were much less likely to develop psychotic disorder, and those living in jurisdictions where retail cannabis was allowed had significantly more cases of anxiety disorder, psychotic disorder, and depressive disorder.

Brittany Bevis-Sciuto, Healthy Communities Specialist, refuted another argument that “cannabis is natural,” stating that “there is nothing natural about a concentrate that is 60-90% THC.”

“These products are the results of intentional engineering and breeding of high-potency strains,” said Bevis-Sciuto. “What occurs naturally is flower that’s at 19-15% or lower.”

Another common argument in favor of opening recreational marijuana stores in Lynnwood is the tax revenue it would generate for the city. At last April’s meeting the Planning Commission presented findings from the Washington State Liquor and Cannabis Board reporting that neighboring jurisdictions with the same number of allotted licenses – Edmonds and Mountlake Terrace – experienced tax revenues in the $100’s of thousands since allowing retail cannabis within their cities.

However, a vast majority of that money does not stay in the city or local jurisdiction, Peter Clodfelter, Senior Counsel for the Washington State House Consumer Protection and Business Committee’s Office of Program Research, informed the Lynnwood Times.

The WA state cannabis excise tax is 37%, none of which goes to the jurisdictions that allow retail cannabis stores to operate. It goes to the state to the Dedicated Cannabis Account, which is then raided in the back of the budget to pay for other state services.

“Near the end of the distribution framework there are two provisions where local governments may be eligible for receiving a share of this revenue, adding up to 5 percent of remaining funds after a number of initial distributions are made,” said Clodfelter. “Under the first provision, 1.5 percent of remaining funds goes to counties, cities, and towns where licensed cannabis retailers are physically located. Under the second provision, 3.5 percent of remaining funds goes to counties, cities, and towns ratably on a per capita basis.” 

Lynnwood would, however, keep the portion of the local sales tax from retail cannabis sales. Currently, Lynnwood has a 10.6% retail sales tax – broken down by the following: 4.1% local and 6.5% state.

The Council is planning to meet with the Planning Commission come July 24 to discuss the approval/drafting of an ordinance.

As of today, there are no recreational cannabis stores within Lynnwood city limits, despite four licenses (or title-certificates) allocated to the city by the state. All four of these licenses, which are issued by the Washington State Liquor and Cannabis Board, are accounted for by individuals who must wait for the city’s approval before they are reinstated as retail licenses. Additional licenses could be awarded to the city in the future if it raises the allowable retailers.

Washington State voters approved I-502 in 2012, which legalized the production, processing, and retail sales of cannabis.

In response, the City of Lynnwood enacted a series of moratoriums prohibiting the sale of retail cannabis within city limits beginning in June 2013, through February 2015.

A City ordinance, 3136, adopted June of 2015, revoked these moratoriums and implemented a final prohibition of retail sales, production and processing, and medical marijuana collective gardens.

The Lynnwood City Council heard from Planning Commission staff regarding allowing retail cannabis sales within the city limits, at a Work Session Monday, April 21.

The Commission’s’ recommendations to council were to pass an ordinance that would allow retail cannabis in the following zones: Highway 99 Mixed Use (HMU), General Commercial, and Alderwood subject to the following conditions:

• Provide a minimum 1,000-foot buffer on Highway 99 Mixed Use and General Commercial zones for restricted entities which are allowed to reduce buffer.
• Provide a minimum 300-foot buffer in Alderwood zone for restricted entities which are allowed to reduce buffer
• And require landscaping, parking, and other standards required for retail use in the underlying zones.

The Planning Commission also recommended that Council reevaluate the City Center zone for retail cannabis after the construction of Town Square Park.

State law, both RCW’s 69.50 and 314-55 WAC, regulates where retail cannabis stores can be located, how they are advertised, enforced, and licensed. For example, state law prohibits retail cannabis stores within 1,000 feet of elementary or secondary schools, childcare centers, public parks, recreation centers, and game arcades not limited to 21+ crowds.