Pubdate: Thu, 15 Mar 2012
Source: Covington Reporter (WA)
Copyright: 2012 Sound Publishing, Inc.
Contact: http://drugsense.org/url/BpVOFZ4G
Website: http://www.pnwlocalnews.com/south_king/cmv
Details: http://www.mapinc.org/media/5075
Author: Tj Martinell

MAPLE VALLEY CITY COUNCIL BACKS EFFORT TO HAVE FEDS RECLASSIFY MARIJUANA

The Maple Valley City Council has thrown its support behind the 
movement for the federal government to reclassify medical marijuana 
as a Schedule II drug.

At its Feb. 21 meeting, the City Council approved a motion to support 
a Nov. 30, 2011 joint letter submitted by Rhode Island Gov. Lincoln 
Chafee and Gov. Christine Gregoire to Administrator Michele Leonhart 
of the Drug Enforcement Administration. In the letter, they requested 
that Leonhart consider reclassifying marijuana as a Schedule II drug.

Under the Controlled Substances Act, marijuana is classified as a 
Schedule I drug, which means it has a high potential for abuse and 
cannot be sold or used under any circumstances. Changing it to a 
Schedule II drug would allow it to be used for medical purposes.

The governors' letter, however, only supports the non-smoking use of 
medical marijuana.

Washington voters passed Initiative 692 in 1998, which protects the 
physicians who prescribe medical marijuana for those with terminal or 
debilitating conditions, as well as the patient, under what is called 
affirmative defense.

In an affirmative defense, the defendant offers a defense that bars, 
or prevents, the plaintiff's claim, and in doing so limits or excuses 
a defendant's culpability or liability in the case.

According to the text of the initiative, "If charged with a violation 
of state law relating to marijuana, any qualifying patient who is 
engaged in the medical use of marijuana, or any designated primary 
caregiver who assists a qualifying patient in the medical use of 
marijuana, will be deemed to have established an affirmative defense 
to such charges by proof of his or her compliance with the 
requirements provided in this chapter."

Affirmative defense, according to the initiative would protect both 
physician and patient from being "penalized in any manner, or denied 
any right or privilege, for such actions."

Until the DEA decides to reclassify medical marijuana, federal 
preemption makes any state action irrelevant, according to City 
Manager David Johnston.

"It doesn't matter what the state governments do," he said. "That's 
what's lost within this debate within the state. It doesn't matter 
what the states do to make marijuana legal or not. It's still a federal crime."

Federal preemption refers to the Supremacy Clause in the 
Constitution, which invalidates any state law which contradicts a federal law.

By reclassifying marijuana to a Schedule II, Johnston stated, the 
legal confusion over matters such as medial marijuana gardens would 
be easier to settle.

"If it's a legal drug, then its prescribed by physicians through a 
truly regulated process because it would then be dispensed through 
pharmacies, not the question mark of medical dispensaries or 
collective gardens," Johnston said. "It's treated like any other medicine."

The legal ambiguities, Johnston added, it what led to the City 
Council's support for the governors' petition.

"You're starting to see a lot of cities sign onto this letter and 
asking the DEA to evaluate and make it a regulated drug that is 
compliant with federal law," he said.

Mayor Bill Allison stated he decided to support the letter because he 
believes there are legitimate medical uses for marijuana.

"I've had very close friends who have family members who have 
suffered from cancer and the only way to dull the pain was medical 
cannabis," he said. "It was the only thing that worked, and I think 
if we look at taking it from a something that is sold on the streets 
and dispensaries and we make it federally regulated, it provides 
regulation and control."

The city first dealt with the issue of medical marijuana in July 
2011, when they passed a year-long moratorium on dispensaries and 
collective gardens.

But, as the one year mark approaches, the city will have to decide 
what to do from there.

"We still have options," Johnston said. "We can pretend there's no 
preemption and we'll try to regulate the industry using state law as 
our guide. We won't focus on the regulating of the business as part 
of the law. You can regulate the medical marijuana. We might just 
focus on land use. Or we can just do nothing and then it's 
laissez-faire. Then what happens is if they have a collective 
complaint there's nothing we can do about it."

Allison also stated the laws have made it difficult for the city to 
put the right codes in place.

"We don't have zoning for the gardens and dispensaries and that's 
something where we want to make sure we have all of our ducks in a 
row and that we're doing it right," he said. "The hard part is having 
the state law disagree with the federal."

The motion to support the letter was made after a report by Councilor 
Layne Barnes, who serves on the Public Issues Committee of the 
Suburban Cities Association (SCA PIC), which is currently considering 
whether to support Gregoire's letter.
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MAP posted-by: Jay Bergstrom