Pubdate: Wed, 15 Feb 2012
Source: Port Orchard Independent (WA)
Copyright: 2012 Port Orchard Independent
Contact:  http://www.portorchardindependent.com/
Details: http://www.mapinc.org/media/2607
Author: Tim Kelly

MEDICAL MARIJUANA ISSUE STILL IN LIMBO

With little discussion or public input, the Port Orchard City Council 
extended a moratorium on medical marijuana dispensaries and another 
on collective gardens for six more months.

Each moratorium has now been in effect for a year. When a six-month 
extension was approved in August, it was with the intention to give 
city staff more time to develop appropriate land-use and zoning 
regulations for medical marijuana collective gardens and dispensaries.

At Tuesday night's council meeting, city attorney Gregory Jacoby said 
there's been "a lot of progress" toward that goal in the past six 
months, but more time is needed, partly because pending state 
legislation could help clarify the regulation of medical marijuana.

"I do expect you will see a proposal in this next six-month period 
for your consideration," Jacoby said.

State law explicitly allows collective gardens, which may be set up 
by patients who are approved for medicinal marijuana use to grow 
their own supply of cannabis.

A bill currently under consideration in the state Senate, Jacoby 
said, "has some standards relating to collective gardens, but there's 
a great deal of uncertainty regarding dispensaries."

Federal law still considers marijuana a controlled substance and 
makes no exception for medicinal use. Washington and several other 
states have approved the use of medical marijuana, but Jacoby noted 
there were federal raids in the Puget Sound area late last year on 
numerous medical pot dispensaries, although those operations 
allegedly were fronts for criminal activity.

Only one person, medical marijuana activist Jared Alloway from 
Federal Way, spoke during the public hearing on medical marijuana at 
Tuesday's council meeting. He asked why the process of developing 
regulations for collective gardens was taking so long and required 
another six-month moratorium.

"Just tell your city cops to stop arresting patients and their 
providers and you'll probably be OK," he told the council.

Councilman Fred Chang was the only one to vote no on the moratorium 
extensions, as he was in August. He asked if an extension of six 
months was necessary, and city planning director James Weaver told 
him the council could lift the moratorium at any time if regulations 
are developed and enacted in less than six months.

Chang noted there has been a medical marijuana dispensary operating 
on Mile Hill Drive just outside city limits, and said he recently 
called the owner to confirm the business was still operating.

"So it appears that even though we do have this moratorium for within 
city limits, and we may even renew it for another six months, it is 
comforting for me," he said, "to know that there are people who can 
just go right outside our limits and get the medication they need."
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MAP posted-by: Jay Bergstrom