Pubdate: Fri, 26 Oct 2012
Source: North Kitsap Herald (WA)
Copyright: 2012 North Kitsap Herald
Contact:  http://www.northkitsapherald.com/
Details: http://www.mapinc.org/media/2609
Author: Megan Stephenson

I-502 CREATES NEW SET OF ISSUES

POULSBO - As Poulsbo continues to grapple with last year's amendment 
to the Medical Use of Cannabis Act, which allows collective cannabis 
gardens but not dispensaries, Initiative 502 on the Nov. 6 ballot 
calls for legalization of marijuana for adults 21 and older.

Collective gardens, which allows 45 plants or 72 ounces of "usable 
cannabis" per garden, are the only legal access points to medical 
marijuana in the state. Patients can grow up to 15 plants individually.

Initiative 502 would legalize marijuana for recreational use for 
adults 21 and older; decriminalize production, distribution and 
possession; and tax sales from state-licensed stores.

If passed, the initiative would extrapolate the problem many 
jurisdictions are facing - how to license and regulate an activity 
legal under state law, but illegal under federal law.

"[On one hand] the state has defined medical use as [patients] having 
an allowance of so many plants and weight," said Deputy Scott Wilson, 
Kitsap County Sheriff spokesman. "But the feds say no marijuana."

While medical marijuana is legal in Washington and 15 other states, 
there are no dispensaries or gardens on the books in Kitsap County.

The Poulsbo City Council adopted two moratoriums this year to buy the 
city time while it updates its zoning code; the last moratorium 
expired in August.

Since the amendment to the 1998 law passed last year, no one has 
applied for a collective garden business license or permit in 
Poulsbo. Planning Director Barry Berezowszky said he would not 
consider a collective garden a permitted use, because it is not 
addressed in the current code.

The council is now reviewing staff changes to the code; collective 
gardens would be allowed in light industrial zones, and not permitted 
within 500 feet of another collective garden, residential zoning 
district, public park, community center, elementary or secondary 
school (public or private), commercial child care business or 
youth-oriented facility.

Larry Keeton, Kitsap County's director of community development, said 
the county has not restricted the state law or imposed a moratorium, 
but the permitting office would not allow a business permit or 
license for an illegal substance.

"We've heard there are some collective gardens, but we're not looking 
for them," Keeton said. "That's not the same as we're welcoming them, 
but if they got permitted they got permitted under a different use." 
Commissioner Rob Gelder said the law is not on the board's radar screen.

Port Orchard passed an ordinance in July stating collective gardens 
are not eligible for license because of federal law. Bremerton 
renewed a moratorium which expires in February.

"We're not going to sit there and issue permits for something that's 
against federal law," Bremerton City Attorney Roger Lubovich said.

Troy Barber, media coordinator for Sensible Washington, said he 
doesn't know of any collective gardens in the county, but there are 
three "access points" in Port Orchard, three around Belfair, and one 
in Silverdale. Sensible Washington is an organization working to 
legalize cannabis.

Barber is a proponent of medical and recreational use; he saw the 
positive effects of cannabis as an herbal medicine for his 
cancer-stricken mother, who died earlier this year.

Sensible Washington, however, is not a supporter of I-502. Barber 
said "it goes not far enough and it goes too far."

Sensible Washington says I-502 "sets up a legal distribution system 
that will fall to federal preemption." Barber said the initiative's 
weakness is the taxing regulation. The measure directs the state to 
spend designated amounts on programs, such as the state health plan, 
substance abuse prevention, marijuana education, and the state general fund.

Barber said the federal government is watching this initiative 
closely and may "crush" the bill by not allowing the state to keep 
revenues from an illegal substance.

State Rep. Mary Lou Dickerson, D-Ballard, is a sponsor of I-502. She 
said the Office of Financial Management estimates the law would bring 
in as much as $500 million a year in revenue.

"I think we have a really good chance of working with the federal 
government to allow the state to go forward and act on the will of 
the people," she said.

The current state law does not protect patients from arrest, but 
provides an "affirmative defense" - a potential get-out-of-jail-free 
card. If the patient is found with marijuana but has a medical card, 
a legal amount of medical cannabis and has committed no other 
violation, he or she is unlikely to be arrested.

Poulsbo Police Chief Dennis Swiney said of I-502, "Our position and 
responsibility is to enforce current laws and regulations, either 
from Washington State [Legislature] or Poulsbo municipal codes."

Marijuana activity is within the "average range" of other comparable 
jurisdictions, Swiney said, based on meetings and discussions with 
other law enforcement agencies and Kitsap County Narcotics Task Force.

However, based on calls for service and observations of officers in 
the field, Swiney said he can "presume" that Poulsbo's officers have 
come across folks who possess marijuana for medical purposes.

"The officers know what to look for, and have either taken action or 
honored a legitimate medical marijuana license," he said.

Patients receive authorization from their doctor based on certain 
medical conditions; medical marijuana uses certain chemicals in the 
cannabis plant that have been shown to have medicinal value and can 
be taken by capsule, extract, spray or smoking. Medical marijuana has 
been used to relieve nausea and pain, lower eye pressure in glaucoma 
patients, and stimulate hunger in patients with disease-related 
weight loss, such as from chemotherapy.

However, there is no state Department of Health oversight, and 
Washington is the only medical marijuana state without a mandatory or 
voluntary registry.

I-502, however, would broaden the terms for marijuana users.

It would no longer be a crime in Washington for an adult (21 or 
older) to possess 1 ounce of useable marijuana, 16 ounces of 
marijuana-infused products in solid form (such as cookies), and 72 
ounces of marijuana-infused products in liquid form (teas, lotions), 
according to New Approach Washington.

Election day is Nov. 6. Ballots are being delivered to homes, and 
should be postmarked by Nov. 6 or dropped off at one of six drop 
boxes in the county by 8 p.m. on election night. In North Kitsap, the 
drop box location is at Poulsbo Fire Station.
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MAP posted-by: Jay Bergstrom