Pubdate: Fri, 09 Sep 2011
Source: North Kitsap Herald (WA)
Copyright: 2011 North Kitsap Herald
Contact:  http://www.northkitsapherald.com/
Details: http://www.mapinc.org/media/2609
Author: Megan Stephenson
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

POULSBO CITY COUNCIL APPROVES MORATORIUM ON MEDICAL MARIJUANA GARDENS

POULSBO -- The Poulsbo City Council unanimously approved a moratorium 
on medical marijuana collective gardens Wednesday, in the midst of 
unclear laws and jurisdiction.

The moratorium closes a loophole allowing medicinal cannabis in city 
limits. The council previously approved a moratorium on medical 
marijuana dispensaries in March; that moratorium expires in mid-September.

Mayor Becky Erickson said in an interview the moratorium approved 
this week continues to disallow dispensaries, which are illegal under 
state law.

"What we're trying to do is figure out the pieces of the law as it 
comes out of the Legislature," she said. "It's not a clear direction 
what [the state] is intending local jurisdiction can do."

Medical marijuana is legal under Washington state law, along with 15 
other states nationwide, but all marijuana is illegal under federal law.

The planning department recommended the moratorium while the 
department concludes a broad zoning update. Associate Planner Alyse 
Nelson said under current zoning laws, the city doesn't have a way to 
regulate a collective marijuana garden that is allowed under state law.

"It's not because we want to not have a discussion about [medical 
marijuana] ... we want to include [collective gardens] as part of the 
land use review," Nelson said.

A public hearing on the moratorium, which has not been set yet, is 
also required within 60 days of the council's approval.

"When we are trying to embrace new ideas that would impact our zoning 
code, we have to follow a certain process, which is actually to the 
benefit of proponents" of medical marijuana, Councilwoman Connie Lord 
said. "We need to have process in place that satisfies all parties if 
[collective gardens] were going to be permitted."

Nelson said the zoning updates will be presented before the council 
by the end of 2011, after which the council will make a final 
decision on whether to allow collective gardens.

Collective gardens, unlike dispensaries, are currently allowed under 
state law. However, regulation by the Department of Agriculture and 
the Department of Health do not take effect until January 2013, 
according to Section 901 of Senate Bill 5073. The law also states 
that patients are allowed to grow up to 15 plants privately and 
noncommercially.

A collective garden is defined by the bill as no more than 45 plants 
or 72 ounces of "usable cannabis."

The council discussed the potential negative impacts of the gardens, 
such as property values and safety concerns, that would be addressed 
in new zoning ordinances.

Troy Barber, committee member of Sensible Washington, a marijuana 
legalization movement, told the council the language of the 
moratorium only represented a negative viewpoint of recreational 
marijuana dealers. He asked the council not to approve the moratorium 
as an appeal to patients' rights.

"Don't push people into an illegal black market to get their 
medication," Barber told the council at Wednesday's meeting. "We are 
talking about a political debate here, and how can have political 
debate when only one side of issue being presented?"

Councilman Jeff McGinty said he didn't feel the concerns of 
marijuana's negative impacts were inappropriate, but a response to 
other communities' issues with dispensaries and collective gardens. 
He said he wouldn't want a garden being planted in an inappropriate 
location, like next to a school.

Councilman Ed Stern said he was uncomfortable with the whole 
discussion, that the city must try to navigate the ambiguous rules 
between state and federal law.

"Is this what the end of prohibition felt like back in [the 1930s]?" 
Stern asked the council. "It's an awfully awkward process that's 
being thrust on all the cities courtesy of the federal and state 
government, and we're being caught in the cross hairs."

Nelson said the community is welcome to submit comments to the 
planning department before the hearing is held.
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MAP posted-by: Jay Bergstrom