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Since Gov. Chris Gregoire line-item vetoed sections of the state's medical cannabis law last year, Maple Valley, Covington and Black Diamond have taken three separate routes to deal with collective gardens.
Both Maple Valley and Covington passed moratoriums on medical marijuana collective gardens. While Maple Valley passed a ban shortly before the expiration of its moratorium in June, Covington is considering an extension of its moratorium for another six months. Black Diamond has not specifically dealt with collective gardens in any way.
In a telephone interview, Covington City Manager Derek Matheson stated that an extension of the moratorium will be considered by the City Council within the month. The moratorium is set to expire in August.
Covington is the only city of the three to have a medical marijuana dispensary – Covington Holistic Medicine. Nevertheless, its presence has proved to be far less controversial than that of Green Society Group in Maple Valley, where a dispute arose shortly after the business opened in late April. Its owner, Chris Schoonover, has described it as a management company for collective gardens.
Matheson said an extension of the moratorium is the best option for the city.
"We talked about it briefly at a joint meeting with the Planning Commission this year just to acknowledge that at some point the Planning Commission and council would need to work on permanent regulations," he said. "If the council doesn't extend the moratorium we'll be left with no regulation with dispensaries or collective gardens come August."
Several initiatives on the topic of medical marijuana, such as I-502, are set to appear on the November ballot. If approved, the initiative would legalize possession for small amounts of regulated marijuana or marijuana-infused products and tax them.
Matheson stated that with the possibility state law could change, it's more feasible to wait, while having some sort of regulation in place.
"I think we're waiting for some more clarity in federal and state law," he said. "For example you have the conflict between federal and state law. Courts have yet to resolve the extent to which cities can regulate collective gardens. You've got marijuana legalization on the November ballot. The law on this area is very unsettled. Extending the moratorium will allow us to reevaluate the status of medical marijuana law in early 2013."
In the meantime, Matheson stated that Covington Holistic Medicine has not presented the city with any problems since it first opened in 2011. According to Matheson, the dispensary met the city's criteria for a business license when it applied for one and the facility they use did not require any land use and building permits.
"They've been a good corporate citizen," he said.
The city has also not been contacted by any federal agency concerning a potential lawsuit for issuing a business license to the dispensary, which is illegal under the Controlled Substance Act.
USING EXISTING TOOLS TO REGULATE
In Black Diamond, however, a moratorium is not in place, and the City Council has never specifically dealt with the issue, according to Community Development Director Steve Pilcher.
"The council hasn't elected to take a proactive approach to this thing," he said. "(Council members aren't saying) 'Let's get something on the books. Let's make this very clear.' We're just using the existing tools that we have."
Pilcher stated the city will use its business license process to regulate collective gardens in lieu of zoning regulations. According to Pilcher, a business cannot receive a license in the city if any of its activities conflict with any law, state or federal.
"I guess I really don't have anything in our code which says this can't be done," he said. "We've basically gone back and said it conflicts with some of the federal laws."
Still, Pilcher said if the city were informed of collective gardens in the city they would be handled on a case-by-case basis.
"I guess I'd need to see what they're doing," he said. "I haven't studied the issue thoroughly, so I think we would need to consider it a business under the way our code defines a business. We don't list every single use. We basically list broader categories of land use. So you'd make a determination, 'Is this similar to other things that are allowed under that particular zone?'"
In April, the city rejected a business license application from Vali Bauer, who applied for a venture called Lady Buds. According to a letter dated May 3 addressed to Bauer from Assistant City Administrator Brenda Martinez, parts of the business description Bauer provided in the original application was not considered lawful activity.
"Although state law provides an affirmative defense against certain prosecutions for violation of state law and city code, the Washington State Supreme Court has made it clear that the presence of an affirmative defense does not negate any elements of the charged crime," Martinez wrote in the letter.
Martinez wrote further, however, that the other aspects of the business description were legal and could be approved if the unlawful activities were removed from the description.
According to Pilcher, another application was submitted describing the business as "holistic therapy and massage, management company for handling finances and assets of disabled persons."
That application was accepted.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mapleballeyreporter.com
Author: TJ Martinell
Contact: Contact Us - Covington & Maple Valley Reporter
Website: How Covington, Black Diamond have dealt with medical marijuana collective gardens - Covington & Maple Valley Reporter
Both Maple Valley and Covington passed moratoriums on medical marijuana collective gardens. While Maple Valley passed a ban shortly before the expiration of its moratorium in June, Covington is considering an extension of its moratorium for another six months. Black Diamond has not specifically dealt with collective gardens in any way.
In a telephone interview, Covington City Manager Derek Matheson stated that an extension of the moratorium will be considered by the City Council within the month. The moratorium is set to expire in August.
Covington is the only city of the three to have a medical marijuana dispensary – Covington Holistic Medicine. Nevertheless, its presence has proved to be far less controversial than that of Green Society Group in Maple Valley, where a dispute arose shortly after the business opened in late April. Its owner, Chris Schoonover, has described it as a management company for collective gardens.
Matheson said an extension of the moratorium is the best option for the city.
"We talked about it briefly at a joint meeting with the Planning Commission this year just to acknowledge that at some point the Planning Commission and council would need to work on permanent regulations," he said. "If the council doesn't extend the moratorium we'll be left with no regulation with dispensaries or collective gardens come August."
Several initiatives on the topic of medical marijuana, such as I-502, are set to appear on the November ballot. If approved, the initiative would legalize possession for small amounts of regulated marijuana or marijuana-infused products and tax them.
Matheson stated that with the possibility state law could change, it's more feasible to wait, while having some sort of regulation in place.
"I think we're waiting for some more clarity in federal and state law," he said. "For example you have the conflict between federal and state law. Courts have yet to resolve the extent to which cities can regulate collective gardens. You've got marijuana legalization on the November ballot. The law on this area is very unsettled. Extending the moratorium will allow us to reevaluate the status of medical marijuana law in early 2013."
In the meantime, Matheson stated that Covington Holistic Medicine has not presented the city with any problems since it first opened in 2011. According to Matheson, the dispensary met the city's criteria for a business license when it applied for one and the facility they use did not require any land use and building permits.
"They've been a good corporate citizen," he said.
The city has also not been contacted by any federal agency concerning a potential lawsuit for issuing a business license to the dispensary, which is illegal under the Controlled Substance Act.
USING EXISTING TOOLS TO REGULATE
In Black Diamond, however, a moratorium is not in place, and the City Council has never specifically dealt with the issue, according to Community Development Director Steve Pilcher.
"The council hasn't elected to take a proactive approach to this thing," he said. "(Council members aren't saying) 'Let's get something on the books. Let's make this very clear.' We're just using the existing tools that we have."
Pilcher stated the city will use its business license process to regulate collective gardens in lieu of zoning regulations. According to Pilcher, a business cannot receive a license in the city if any of its activities conflict with any law, state or federal.
"I guess I really don't have anything in our code which says this can't be done," he said. "We've basically gone back and said it conflicts with some of the federal laws."
Still, Pilcher said if the city were informed of collective gardens in the city they would be handled on a case-by-case basis.
"I guess I'd need to see what they're doing," he said. "I haven't studied the issue thoroughly, so I think we would need to consider it a business under the way our code defines a business. We don't list every single use. We basically list broader categories of land use. So you'd make a determination, 'Is this similar to other things that are allowed under that particular zone?'"
In April, the city rejected a business license application from Vali Bauer, who applied for a venture called Lady Buds. According to a letter dated May 3 addressed to Bauer from Assistant City Administrator Brenda Martinez, parts of the business description Bauer provided in the original application was not considered lawful activity.
"Although state law provides an affirmative defense against certain prosecutions for violation of state law and city code, the Washington State Supreme Court has made it clear that the presence of an affirmative defense does not negate any elements of the charged crime," Martinez wrote in the letter.
Martinez wrote further, however, that the other aspects of the business description were legal and could be approved if the unlawful activities were removed from the description.
According to Pilcher, another application was submitted describing the business as "holistic therapy and massage, management company for handling finances and assets of disabled persons."
That application was accepted.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mapleballeyreporter.com
Author: TJ Martinell
Contact: Contact Us - Covington & Maple Valley Reporter
Website: How Covington, Black Diamond have dealt with medical marijuana collective gardens - Covington & Maple Valley Reporter
