Pubdate: Tue, 25 Jun 2013
Source: Columbian, The (WA)
Copyright: 2013 The Columbian Publishing Co.
Contact:  http://www.columbian.com/
Details: http://www.mapinc.org/media/92
Author: Erik Hidle

CLARK COUNTY SEEMS TO BE LEANING AGAINST MARIJUANA GARDENS

Legality Is Murky Because Feds Say Pot Is an Illicit Substance

Clark County commissioners are pausing for one week before deciding 
how to regulate collective gardens for medical marijuana.

But the indication the board gave at Tuesday's public hearing is that 
medical marijuana gardens will not be allowed in this county.

All three commissioners seemed to be in agreement that they'd rather 
not get into the murky legality surrounding the issue.

Commissioner Tom Mielke again mentioned the oft-repeated saying "rock 
and a hard place" to describe the county's situation.

While the state allowed collective gardens back in 2011, federal law 
still classifies marijuana as an illicit substance.

And the county commissioners are tasked with upholding both state and 
federal law.

Commissioner Steve Stuart said he finds it troubling to have county 
staff handling any type of permit on the matter, because county 
counsel has stated that could make them participants in a federally 
banned activity.

The state laws allow medical marijuana growers to establish community 
gardens where as many as 10 patients can grow up to 45 plants.

The city of Vancouver elected in December to zone the gardens to 
specific areas of town.

The commissioners placed a moratorium on the gardens in 
unincorporated Clark County as staff drafted a plan.

Commissioners are now requesting two proposals be reworked and 
returned to them at a July 2 meeting.

One option would functionally ban the gardens in the county. A second 
option would extend the moratorium in an effort to allow time for 
courts to establish some case law.

Six members of the public asked commissioners to reconsider a ban at 
the public hearing. One individual spoke in favor of the ban.

James E. Barber asked commissioners to rework their intentions. "If 
you don't, it's going to court," he said.

Hanna Perez fought back tears as she told commissioners of a cousin 
suffering from cancer. She said the best option for her cousin was to 
imbibe marijuana, and that limiting collective gardens would be an 
affront to folks in need of such relief.

"He is a loved one, a friend, and a citizen, a resident, of this 
state and county," Perez said. "Do what is right. Do what is forward-thinking."

Commissioner David Madore said the matter isn't a ruling on the 
acceptability of marijuana use, but that the commissioners were, 
rather, looking at what is legal under federal law.

And because of that, Madore said, "there's only one choice."
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MAP posted-by: Jay Bergstrom