Washington - As the medical marijuana movement increases in size and scope, Lewis County is being eyed as a potential location for a dispensary, according to an Olympia attorney.
Charles Lane said he has two separate clients interested in operating medical marijuana co-ops in Lewis County.
"They're very interested in setting up a legitimate business because they have a great concern for the care of patients," Lane said.
In Washington, medical use of marijuana is an "affirmative defense" in court for patients with certain terminal or debilitating conditions. The law does not protect patients or caregivers from arrest or prosecution, but allows them to present a medical marijuana defense in court.
By federal law, marijuana remains illegal.
Lane said, though, that recent decisions by jurisdictions such as King County show a movement toward allowing the sale of medicinal marijuana to qualified patients. He cited a memorandum from the King County Prosecuting Attorney in 2008 which laid out a policy that doesn't prosecute co-ops (multiple patients uniting for one, large marijuana grow) operated by card-carrying medical marijuana users.
Furthermore, Lane said that President Barack Obama has indicated a blunted approach to federal prosecution of dispensaries. He said his goal, and that of his clients, is to find out where individual jurisdictions fall in the debate on medical marijuana.
Thus far, the feedback in Lewis County hasn't been supportive.
Lewis County Prosecutor Michael Golden replied to Lane's inquiries by letter, stating in no uncertain terms that dispensaries or co-ops would be far from welcome in Lewis County.
"Medical marijuana and other drug laws are strictly enforced in Lewis County," Golden wrote. "Law enforcement and this office work together to determine who is acting in accordance with the medical marijuana laws and those who are using the statute to cover illegal growing and distribution of marijuana. Medical marijuana dispensaries are not provided for by statute, and I will not turn a blind eye toward an illegal distribution of marijuana."
Lewis County Sheriff Steve Mansfield said he "has no use" for a medical marijuana dispensary, and that he has not responded to inquiries from Lane looking for a law enforcement stance on the issue.
"At this point, they are looking for me to support the concept and project," he said. "I do not support it."
Mansfield said promoting marijuana use is "heading in the wrong direction," and that the majority of the community would not be supportive of such an endeavor.
Jonathan Meyer, a defense attorney campaigning to unseat Lewis County Prosecutor Michael Golden, said he would have to look at each proposed dispensary on a individual basis to determine if the law had been broken.
"You can't make a broad statement," he said. "It would be unfair to everyone to do that. You have to look at it on a case-by-base basis."
Lane said his clients don't plan on challenging prosecutors or law enforcement.
He said he has made similar contacts in Grays Harbor, Pacific, Thurston and Mason counties, and that he's "trying to get input, or at least a dialogue of positions."
"This is going to be an issue that's not going to go away," he said.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The News Tribune
Author: Eric Schwartz
Contact: The News Tribune
Copyright: 2010, The Chronicle, Centralia, Wash
Website: Lewis County eyed as location for medical marijuana dispensary
* Thanks to MedicalNeed for submitting this article
Charles Lane said he has two separate clients interested in operating medical marijuana co-ops in Lewis County.
"They're very interested in setting up a legitimate business because they have a great concern for the care of patients," Lane said.
In Washington, medical use of marijuana is an "affirmative defense" in court for patients with certain terminal or debilitating conditions. The law does not protect patients or caregivers from arrest or prosecution, but allows them to present a medical marijuana defense in court.
By federal law, marijuana remains illegal.
Lane said, though, that recent decisions by jurisdictions such as King County show a movement toward allowing the sale of medicinal marijuana to qualified patients. He cited a memorandum from the King County Prosecuting Attorney in 2008 which laid out a policy that doesn't prosecute co-ops (multiple patients uniting for one, large marijuana grow) operated by card-carrying medical marijuana users.
Furthermore, Lane said that President Barack Obama has indicated a blunted approach to federal prosecution of dispensaries. He said his goal, and that of his clients, is to find out where individual jurisdictions fall in the debate on medical marijuana.
Thus far, the feedback in Lewis County hasn't been supportive.
Lewis County Prosecutor Michael Golden replied to Lane's inquiries by letter, stating in no uncertain terms that dispensaries or co-ops would be far from welcome in Lewis County.
"Medical marijuana and other drug laws are strictly enforced in Lewis County," Golden wrote. "Law enforcement and this office work together to determine who is acting in accordance with the medical marijuana laws and those who are using the statute to cover illegal growing and distribution of marijuana. Medical marijuana dispensaries are not provided for by statute, and I will not turn a blind eye toward an illegal distribution of marijuana."
Lewis County Sheriff Steve Mansfield said he "has no use" for a medical marijuana dispensary, and that he has not responded to inquiries from Lane looking for a law enforcement stance on the issue.
"At this point, they are looking for me to support the concept and project," he said. "I do not support it."
Mansfield said promoting marijuana use is "heading in the wrong direction," and that the majority of the community would not be supportive of such an endeavor.
Jonathan Meyer, a defense attorney campaigning to unseat Lewis County Prosecutor Michael Golden, said he would have to look at each proposed dispensary on a individual basis to determine if the law had been broken.
"You can't make a broad statement," he said. "It would be unfair to everyone to do that. You have to look at it on a case-by-base basis."
Lane said his clients don't plan on challenging prosecutors or law enforcement.
He said he has made similar contacts in Grays Harbor, Pacific, Thurston and Mason counties, and that he's "trying to get input, or at least a dialogue of positions."
"This is going to be an issue that's not going to go away," he said.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The News Tribune
Author: Eric Schwartz
Contact: The News Tribune
Copyright: 2010, The Chronicle, Centralia, Wash
Website: Lewis County eyed as location for medical marijuana dispensary
* Thanks to MedicalNeed for submitting this article
