Pubdate: Wed, 08 Jan 2014
Source: Columbian, The (WA)
Copyright: 2014 The Columbian Publishing Co.
Contact:  http://www.columbian.com/
Details: http://www.mapinc.org/media/92
Author: Stephanie Rice

CLARK COUNTY MAY BAN POT UNTIL FEDS LEGALIZE IT

Clark County commissioners signaled Wednesday they are considering an 
effective ban on all marijuana-related operations.

With a six-month moratorium set to expire in February, commissioners 
said during a work session Wednesday they will need to issue another 
moratorium because they know they won't have an ordinance on 
marijuana adopted in time.

They also directed staff to prepare a draft ordinance modeled after 
Pierce County's, which sets restrictions on marijuana facilities but 
includes a whopper of a caveat: "No application for a 
marijuana-licensed business shall be approved by Pierce County until 
such time as marijuana is removed from the schedule of controlled 
substances at 21 U.S.C. sec. 812(c) as evidenced by a slip law 
available from the Library of Congress."

In other words, if commissioners end up adopting an ordinance modeled 
on Pierce County's, the county won't allow growing, processing or 
selling of marijuana in unincorporated areas until the federal 
government legalizes the drug, said Chris Horne, Clark County's chief 
civil deputy prosecuting attorney.

As to whether an effective ban would be legal, Axel Swanson, the 
county's senior policy adviser, told commissioners he's awaiting a 
written opinion from Washington Attorney General Bob Ferguson. 
Ferguson was asked Nov. 1 by the chairwoman of the Washington State 
Liquor Control Board to determine whether local jurisdictions have 
the authority to ban state-licensed sellers and producers.

Horne said the beauty of Pierce County's ordinance is, if local 
jurisdictions are told bans aren't allowed, the objectionable section 
can just be redacted.

State restrictions Initiative 502, which legalized possession of up 
to 1 ounce of marijuana for adults ages 21 and older, was approved by 
voters in 2012.

The Liquor Control Board has capped the maximum number of pot shops 
statewide at 334 and said Clark County could be home to up to 15 
marijuana retailers, including six in the unincorporated areas where 
commissioners have control. The rest would be in cities: six stores 
in Vancouver and one store apiece in Camas, Washougal and Battle Ground.

Vancouver, Camas and Washougal have moratoriums; Battle Ground City 
Council hasn't taken any action, but most of the land in the city's 
commercial district would not be eligible for a store because of the 
state's setback requirements.

While recreational use of marijuana remains illegal under federal 
law, the U.S. Department of Justice said in August it would not sue 
Washington, Colorado or other states that wish to legalize marijuana 
so long as it's sufficiently regulated.

The state already says the businesses must be at least 1,000 feet 
from schools, playgrounds, recreation centers, child care centers, 
public parks, transit centers, libraries and arcades.

Tentatively, retail sales of marijuana will be allowed in general 
commercial zones, so long as they meet the state's 1,000-feet-setback 
requirements.

Also under the interim standards, people who receive state licenses 
to grow and process marijuana would be able to do so only in light 
and heavy industrial districts.

Pierce County's ordinance stresses the need to "distribute these 
businesses throughout unincorporated Pierce County as to ensure 
adequate access to licensed retail businesses to discourage the 
continued operation of the illegal market." Pierce County, which 
ranks only behind King County in population statewide, was approved 
for up to 17 marijuana retailers.

One section of its ordinance that Clark County commissioners 
particularly liked mentions concerns "about secondary impacts from 
the establishment of facilities for the growth, production and 
processing of marijuana including, but not limited to, negative 
health, safety, learning and life outcomes for the residents of Pierce County."

Dr. Alan Melnick, the director of the county's health department, 
said Wednesday that if stores are allowed, they should not be 
disproportionately located in low-income areas.

More questions Commissioners first passed a moratorium because they 
needed time to figure out logistics. The county has hosted open 
houses for people to find out more information; they were attended by 
a total of 54 people, said Gordy Euler, a county planner.

Euler told commissioners Wednesday to decide what he should present 
to the county planning commission, an advisory group that makes 
recommendations to commissioners.

Commissioner Tom Mielke, chairman of the board, asked basic questions 
on Wednesday such as how many retail stores would be permitted in the 
county, which was announced by the Liquor Control Board four months 
ago. He, along with Commissioners Steve Stuart and David Madore, said 
there were still too many unanswered questions.

"There's a whole bunch I personally don't understand," Mielke said.

Madore discussed the possibility of including all school bus stops in 
the 1,000-feet-setback requirements, a restriction Horne called 
impractical because there are hundreds of school bus stops and the 
locations change. Also, Horne said, school bus stops are mostly in 
residential areas; marijuana stores are going to be in commercial zones.

Madore also expressed concern that people will call 911 to report 
marijuana-related activity, and police officers won't know how to 
respond. Chief Criminal Deputy Mike Evans of the Clark County 
Sheriff's Office said such calls would be screened by 911 
dispatchers, same as with any other call.

Evans said he has concerns about security at marijuana stores, and 
questioned whether stores should be required to have 24-hour 
high-definition security cameras in case owners get robbed.

The commissioners' decisions didn't sit well with many of the 60-plus 
people who attended the work session at the Public Service Center.

Brandon Christy, who has applied to have a retail store in Hazel 
Dell, said when commissioners approved the moratorium last year they 
said they needed time to figure out zoning and other details.

Christy said he feels as though the commissioners are stalling and 
wondered what they have been doing these past months when they said 
they'd research the issue.

"It's like they are completely abolishing the industry before it even 
begins," Christy said. He said he wished commissioners would follow 
King County's lead, which has adopted regulations for unincorporated areas.

Carl Beebe, who applied to grow and process marijuana in the Battle 
Ground area, agreed.

Waiting for federal law to change could take forever, he said.

"I was disappointed (commissioners) didn't know more about the 
issue," said Beebe, who has attended the county's open houses and 
Liquor Control Board meetings.

While there was no public hearing at Wednesday's work session, the 
public will have an opportunity to testify about the proposed 
ordinance when it goes to the planning commission and county 
commissioners. The proposed ordinance has not yet been placed on any agendas.
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