Pubdate: Tue, 02 Aug 2011 Source: Daily Record, The (Ellensburg, WA) Copyright: 2011 The Daily Record Contact: http://www.kvnews.com/ Details: http://www.mapinc.org/media/2617 Author: Barb Owens, Staff Writer MEDICAL MARIJUANA GARDENS OK'D BY ELLENSBURG CITY COUNCIL But City Places Moratorium on Cannabis Dispensaries ELLENSBURG -- The Ellensburg City Council approved an emergency ordinance Monday allowing medical cannabis collective gardens in the city and approved a six-month moratorium on cannabis dispensaries. The state Legislature recently passed a law permitting medical patients to create and participate in cannabis collective gardens for medical use if local governments adopt zoning requirements. The law went into effect last Friday. The City Council approved the interim ordinance Monday night to establish local regulations while it considers more comprehensive regulations for collective gardens. A public hearing is scheduled Sept. 19 for more discussion on the issue. "We are declaring an emergency to put us in compliance with Washington state law," said Ellensburg Mayor Bruce Tabb. Without interim regulations, collective gardens could operate in the city without restriction, leading to the establishment of gardens in locations that might later be restricted in permanent city regulations. Under the emergency ordinance, a permit, purchased for $25, is required to operate a collective garden for growing medical cannabis. The gardens must be indoors and not visible from a public place. A 300-foot buffer zone is established around schools and youth-oriented facilities. Reaction Central Washington University student and medical cannabis user Brian Grimmer thanked the council for "bravely stepping forward and doing something about community gardens." Grimmer, 42, broke his back in a motorcycle accident when he was 22 years old. "I found cannabis was more effective in controlling my pain than prescription opiates and I did not have to endure their associated side effects," Grimmer said. "Secondly, pain, especially back pain, makes us crabby. One of the benefits of cannabis is that it does elevate one's mood to a happier and more positive state of mind." Grimmer recommended the Council include a waiver of the permit fee for low-income patients, saying that an expensive fee will hurt people and make them grow in their closets. A cooperative allows three to 10 patients to group together and share expenses, and varieties and save money, Grimmer said, adding that it takes roughly $1,500 to get started. A grow store will soon open in Ellensburg, he said. At CWU Grimmer also suggested including CWU in the closed zone, stating that it will cause a firestorm for the university, particularly in student housing. The Council decided to let the university set its own regulations. Patricia Rogers of Moxee said she, also, is a medical cannabis user. Rogers said it was painfully obvious that whoever drafted the ordinance doesn't know anything about marijuana or hemp. Then Rogers quizzed council member Fennelle Miller on what hemp is and how it is used. Miller said it's a plant, but she had no idea if you smoke it or eat it. "That's exactly what I'm talking about," Rogers said. Rogers said the Council needs to get with a cultivator and sit down and write the ordinance together. Following approval of the emergency ordinance, the Council approved a six-month moratorium on licensing, establishment and operation of marijuana dispensaries. Gov. Chris Gregoire vetoed parts of the state law, including provisions related to marijuana dispensaries, creating confusion about whether they are legal under state law. Ellensburg does not have regulations addressing medical marijuana dispensaries, and until the state Legislature adopts regulations, the moratorium will maintain the status quo, giving the city time to determine whether dispensaries are allowed under existing law. A public hearing to discuss the issue is scheduled for Sept. 19, at which time the city should have more legal understanding, Tabb said. The Council voted unanimously in favor of the emergency garden ordinance and the dispensary moratorium. Council member Rich Elliott was absent. - ------------------------------- [sidebar] What's allowed Only one collective medical marijuana garden is allowed on a parcel of land, and the parcel must be leased or owned by a member of the collective garden, under the emergency city rule. The landlord must give written permission for having a collective garden on the premises. Records of garden membership must be kept for at least three years. Each qualified patient may possess no more than 15 cannabis plants and no more than 24 ounces of usable cannabis. No more than 10 qualified patients may participate in a collective garden and no more than 45 plants are allowed per garden. A qualified patient is someone who is a patient of a health care professional and has been diagnosed with a terminal or debilitating medical condition. The patient must have been advised by that health care provider about the risks and benefits of the medical use of cannabis and have valid documentation. A qualified patient does not include anyone who is being supervised for a criminal conviction. - --- MAP posted-by: Richard R Smith Jr.