Pubdate: Thu, 24 Mar 2011
Source: Port Orchard Independent (WA)
Copyright: 2011 Port Orchard Independent
Contact:  http://www.portorchardindependent.com/
Details: http://www.mapinc.org/media/2607
Author: Kaitlin Strohschein, Port Orchard Independent Reporter

COUNCIL HEARS BOTH SIDES ON MARIJUANA DISPENSARY MORATORIUM

Port Orchard's city council could revoke or modify a six-month
moratorium on "accepting or processing" key paperwork "relating to
medical marijuana dispensaries" in the city.

And on Tuesday, several city residents, urged them to do just
that.

"To avoid the subject and just put our head in the ground will just
perpetuate a black market," said Josh Zetzsche, who owned a local
restaurant that served "hemp food."

"Let's regulate it," he said. "Let's allow it in the city. Collect the
taxes for it."

Allan Martin, Port Orchard's city treasurer, said that he's unsure if
the city can actually collect taxes from the drug.

And Port Orchard Mayor Lary Coppola questioned the legality of the
marijuana businesses.

"What you're asking us to do is condone the distribution of a product
in our city that violates federal law?" he asked.

"It is a violation of federal law, yes. There's no ifs, ands or buts
about that," said Kent Bratt, an attorney representing two local
companies interested in getting marijuana-related businesses into Port
Orchard.

Practically, though, that might not make much difference.

"We don't have the authority to enforce federal law," said Brian S.
Smith, the deputy chief of police for Port Angeles, where a dispensary
recently cropped up in the city's shopping district.

Federal law still applies, he said, but Port Angeles police can't take
action on it.

"We cooperate with federal agents, but we don't have authority," he
said. "We enforce Washington's statutes and city ordinances."

But the Port Angeles dispensary hasn't, so far, had an obvious impact
on crime in the city.

"We have yet to respond to a complaint from someone," Smith
said.

"I actually had a conversation with the former mayor of Port Angeles
last week," said Coppola. "She said that, as of yet, there haven't
been any real negative effects, but they hadn't been open long enough
to see what the long-term result is going to be."

Port Orchard's city council has approached the topic cautiously so
far.

It enacted, on Feb. 22, an emergency six-month moratorium on the
dispensaries to see if state lawmakers clarify their legality during
the current legislative session.

"I think everyone in the state of Washington is hoping that the
Legislature will clarify what is intended," City Attorney Greg Jacoby
said, "because the current law is very unclear on the issue of
dispensaries."

If they decide that the dispensaries are legal, then the moratorium
will give city planners time to zone the businesses to appropriate
locations. 
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MAP posted-by: Richard R Smith Jr.