Pubdate: Fri, 14 Jun 2013
Source: Kent Reporter (WA)
Copyright: 2013 Sound Publishing
Contact:  http://www.pnwlocalnews.com/south_king/ken/
Details: http://www.mapinc.org/media/5026
Author: Steve Hunter

CITY SEEKS CLARITY ON NEW MARIJUANA RULES

Kent city officials are trying to determine how to handle the new 
recreational marijuana rules under consideration by the Washington 
State Liquor Control Board (WSLCB) that could bring marijuana 
retailers and growers to Kent.

David Galazin, assistant city attorney, sent a letter last week to 
the liquor board trying to "clarify the relationship between the 
board's regulatory authority and a municipality's general police 
powers to regulate business activity and provide for appropriate 
zones regulating the use of land within corporate borders," according 
to the letter.

"We want to clarify that getting a marijuana license doesn't stop 
that you must get other licenses (from the city) such as a business 
license and permits," Galazin said at a June 4 City Council workshop. 
"You can't open a shop anywhere."

The liquor board plans a work session June 19 about the proposed 
rules and will hold an Aug. 7 public hearing on draft rules before 
the board votes Aug. 14 to adopt the rules. Public and private groups 
sent the board extensive written comments about the first draft rules 
released on May 16. The deadline to comment on the proposed rules was June 10.

"In keeping with our goal of an open and transparent process for 
drafting the rules, we're going to take an additional two weeks to 
consider the last-minute input we've received," said WSLCB Director 
Rick Garza in a Monday media release. "The board was prepared to 
issue the rules on June 19. However, it's our responsibility to 
carefully review and consider the comments we received."

The WSLCB is drafting the rules that, together with Colorado, will 
govern the comprehensive systems of growing, processing and retailing 
marijuana for recreational use. The board begins accepting 
applications on Sept. 14 for all license types.

Kent wants applicants to have all the required local licenses similar 
to the holder of a valid liquor license who must still locate within 
an allowable zoning district.

"It would be absurd to conclude that Initiative-502 permits the 
establishment of a retail marijuana store in the middle of a 
residential neighborhood when no other retail store would be allowed 
in the same location," Galazin wrote in the city's letter to the 
liquor board signed by Galazin.

Council President Dennis Higgins told Galazin at the workshop that he 
didn't want his name attached to the letter from the city.

"If it were up to me, I would treat this like we treat liquor 
retailers," Higgins said.

Councilwoman Elizabeth Albertson also said she didn't want her name 
"anywhere near" the letter.

In response to the negative reaction by some council members to the 
city's letter, Tom Brubaker, interim city chief administrative 
officer, told the council the city needs clarity in the recreational 
marijuana rules.

"We're trying to avoid vagueness in the law when we try to administer 
it," Brubaker said. "Medical marijuana dispensaries in Seattle sued 
that they didn't have to follow (city) code. We're not trying to 
restrict I-502."

Councilman Les Thomas said the city's stand remains marijuana is a 
federal offense and against the law in Kent. That's why the council 
passed a ban last June on medical marijuana dispensaries in the city, 
although at least two dispensaries still operate in Kent. Higgins, 
Albertson and Jamie Perry voted against the ban.

"If they want to try to build, Police Chief Ken Thomas will say it's 
illegal in Kent," Thomas said.

Galazin said the medical marijuana laws do not apply to I-502 or 
licensing plans by the liquor board to regulate the sale of 
recreational marijuana. Higgins said the council needs another 
workshop to discuss the issue.

"We should do some kind of zoning," Perry said. "If we do nothing, we 
open ourselves up to lawsuits."

Albertson said the city also would lose tax revenue if it didn't 
allow marijuana retailers or growers to operate in Kent.

Galazin said cities across the state are trying to determine how to 
address the new marijuana laws.

"Cities do not have a good handle on the land-use impact and the 
legal constraints," Galazin said. "It's a quagmire."

The new law is expected to go into effect Dec. 1. Galazin advised the 
council to figure out this summer how it plans to handle marijuana 
businesses in Kent, such as through zoning codes that allow retail 
marijuana stores in certain areas and light industrial uses for 
processing marijuana in other areas.

"We have until Dec. 1 but I recommend you do something over the 
summer," Galazin said.
- ---
MAP posted-by: Jay Bergstrom