Pubdate: Thu, 18 Oct 2012
Source: Columbian, The (WA)
Copyright: 2012 The Columbian Publishing Co.
Contact:  http://www.columbian.com/
Details: http://www.mapinc.org/media/92
Author: Stephanie Rice

VANCOUVER IDS POSSIBLE AREAS FOR COLLECTIVE MEDICAL MARIJUANA GARDENS

City, which was sued over issue Tuesday, could lift ban by year's end

Collective medical marijuana gardens, which have been subject to 
extended moratoria in Clark County, are proposed to be allowed in 
Vancouver's heavy industrial and light industrial zones.

Clark County has been working on lifting its temporary ban on gardens 
in unincorporated areas, as well.

The Vancouver Planning Commission will have a public hearing on the 
topic at 6 p.m. Tuesday at City Hall, 415 W. Sixth St.

The Vancouver City Council will have its public hearing at 7 p.m. 
Dec. 3. at City Hall.

Community and Economic Development Director Chad Eiken said Wednesday 
that collective gardens would have to be in buildings secured with 
deadbolt locks. A garden could not be within 1,000 feet of any public 
or private school, park, community center, day care center or another 
collective garden.

Heavy industrial and light industrial zones include areas such as the 
Port of Vancouver, Columbia Business Center and Columbia Tech business park.

A person would not need a city permit for the collective garden, but 
would be required to notify the city, Eiken said.

Under the proposed ordinance, collective gardens will have to be 
closed for distribution of marijuana between the hours of 8 p.m. and 
7 a.m. Sales of drug paraphernalia would be prohibited, as would be 
signs or symbols identifying the collective garden.

Last year, Gov. Chris Gregoire signed a law that says a maximum of 10 
patients can come together and plant a collective garden with no more 
than 45 plants. But she vetoed many other sections of a legislative 
bill meant to provide a structure to regulate and license the use, 
distribution and processing of medical marijuana.

The governor left it up to local governments to establish those guidelines.

On Tuesday, a Vancouver man, James Kennedy, filed a lawsuit against 
the city in Clark County Superior Court, alleging that the city does 
not have the authority to regulate collective gardens.

Vancouver City Attorney Ted Gathe said local jurisdictions can adopt 
zoning, health and safety requirements on the production, processing 
and dispensing of marijuana.

Eiken said whether or not Initiative 502 passes -- it would make 
recreational marijuana use legal for adults age 21 and older -- won't 
affect the need to have regulations on collective gardens. The 
restrictions on collective gardens would also not apply to limited 
use of medical marijuana by patients with certain conditions, which 
has been legal since 1998.

The city first enacted a six-month moratorium on collective gardens 
in July 2011. The extended moratorium will expire at the end of this 
year, and the city council plans to have an ordinance in place by the 
time it expires, Eiken said.

Meanwhile, Clark County commissioners have an extended moratorium set 
to expire in June 2013, but it could be lifted as soon as zoning 
rules are in place.

Axel Swanson, the board's senior policy adviser, said Wednesday he's 
been following the city's work closely. The Clark County Planning 
Commission is slated to consider a proposed ordinance in early 
November, and the county commissioners have a work session scheduled 
Nov. 28. Swanson said the county will also be doing outreach with 
neighborhood associations.
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