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The City Council on Tuesday adopted an ordinance that recognizes medical marijuana dispensaries and collective gardens as potential businesses that are not currently eligible for business licenses because of the federal ban on marijuana.
The ordinance effectively bans medical marijuana within city limits but positions the city for the possibility that a conflict between state and federal laws will someday be resolved.
State law allows the possession and use of medical marijuana under limited circumstances, including collective gardens. Federal law prohibits marijuana. Other cities and counties in Washington have been grappling with the conflict. Many have moratoriums. Some have enacted bans through changes to their zoning ordinances.
Port Orchard's attempt to regulate medical marijuana through business licenses is a fairly novel approach that affords the city at least limited protection from discrimination lawsuits, city attorney Greg Jacoby has said.
Tuesday's update to city code adds medical cannabis gardens and dispensaries as recognized businesses. But another addendum to the code says the city won't issue a license for any activity considered illegal under local, federal or state law.
Farming and gardening activities in the city that produce goods for sale are exempt from having to get business licenses. The code update specifies that collective gardens cannot slip under the radar by claiming to fall into the farming and gardening category.
The vote, with Councilman Fred Chang a lone dissenter, came after a public hearing in which medical marijuana proponents tried to derail the ordinance.
Douglas Hiatt, a Seattle defense attorney specializing in medical cannabis cases, asked the council to simply let the city's moratoriums on gardens and dispensaries expire, as they were set to do Aug. 12, and let higher authorities sort out the consequences.
Hiatt said he is suing the city of Seattle in hopes of forcing a case to the state Supreme Court, which in turn could force a clarification of the law.
"We will be getting answers to the questions you need to do your job. Wait until we see what the state Supreme Court tells us," Hiatt said.
He said nothing in Washington law legalizes marijuana use but suggested the federal government won't interfere with states in cases of "affirmative defense," a legal argument that postulates – as in self-defense – individuals have a legitimate reason to break the law.
Hiatt added that in his reading of the law, backed by cases in Washington courts, Port Orchard doesn't have the authority to regulate collective gardens.
Troy Barber, a local representative of Sensible Washington, an organization backing efforts to relax marijuana enforcement, urged the city to "stand up against the (federal) prohibition." Barber said the city, like other state-level authorities, is not mandated to participate in enforcement of federal law.
Two city residents who turned out for the hearing cheered on the city's ordinance, which effectively bans marijuana, medical or otherwise.
Joe Michael pointed to the number of ads for medical cannabis in the Little Nickel advertising circular.
"I'm not someone who goes around being paid to talk in favor of medical marijuana. I'm against it," he said. "This (referring to the ads) is a joke, when they hide under the cover of medical marijuana."
Michael urged the city to prosecute illegal marijuana sales swiftly and decisively.
City resident Mary Felts said she was surprised to learn there is a medical marijuana dispensary just outside city limits on Mile Hill Drive.
"I'm against having medical marijuana in the city of Port Orchard," she said. "I definitely implore all of you not to have this in the city, because it's not good for the city. It's not good for all of us here, and it's against federal law."
Debra Hansen, also a city resident, said she suffers from cancer and debilitating chronic conditions. Using medical marijuana, she has been able to "wean" herself off high doses of morphine and Oxycodone.
"The marijuana helps relieve the pain, and to take that away from people is a crime," she said.
After testimony and while the council was sequestered before the vote in an executive session on potential litigation, Hiatt said, "I just want the government to leave them (medical cannabis users) ... alone. ... This is all stupidity here, big time stupidity, and it's the same everywhere else."
When the council reconvened, Councilman Jerry Childs said: "There's a lot of emotion behind this. ... A lot of people are counting on medical marijuana to make their life more livable, and I understand that."
Childs said the new ordinance is a small step the city can take in preparation for the day medical marijuana becomes clearly legal (or illegal) in Washington.
"It puts the city in a better place, I believe, to move ahead should the state and federal government get their act together."
"My opinion, this is a small step," Councilman Jim Colebank said. "But at least we're taking one."
Chang also said he approved of a code change anticipating a day when the "stars align" and the conflict between state and federal law is settled. But Chang disapproved of the notation about illegal activities being ineligible for business licenses.
"To me that clause is unnecessary," he said. "And it smacks a little of overkill. So for that reason, I'm voting against this ordinance."
Voting for the ordinance were Childs, Colebank, Carolyn Powers and Cindy Lucarelli.
John Clauson and Rob Putaansuu were absent.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: kitsapsun.com
Author: Chris Henry
Contact: Staff and Contacts for Kitsap Sun
Website: Port Orchard council adopts licensing changes on medical marijuana » Kitsap Sun
The ordinance effectively bans medical marijuana within city limits but positions the city for the possibility that a conflict between state and federal laws will someday be resolved.
State law allows the possession and use of medical marijuana under limited circumstances, including collective gardens. Federal law prohibits marijuana. Other cities and counties in Washington have been grappling with the conflict. Many have moratoriums. Some have enacted bans through changes to their zoning ordinances.
Port Orchard's attempt to regulate medical marijuana through business licenses is a fairly novel approach that affords the city at least limited protection from discrimination lawsuits, city attorney Greg Jacoby has said.
Tuesday's update to city code adds medical cannabis gardens and dispensaries as recognized businesses. But another addendum to the code says the city won't issue a license for any activity considered illegal under local, federal or state law.
Farming and gardening activities in the city that produce goods for sale are exempt from having to get business licenses. The code update specifies that collective gardens cannot slip under the radar by claiming to fall into the farming and gardening category.
The vote, with Councilman Fred Chang a lone dissenter, came after a public hearing in which medical marijuana proponents tried to derail the ordinance.
Douglas Hiatt, a Seattle defense attorney specializing in medical cannabis cases, asked the council to simply let the city's moratoriums on gardens and dispensaries expire, as they were set to do Aug. 12, and let higher authorities sort out the consequences.
Hiatt said he is suing the city of Seattle in hopes of forcing a case to the state Supreme Court, which in turn could force a clarification of the law.
"We will be getting answers to the questions you need to do your job. Wait until we see what the state Supreme Court tells us," Hiatt said.
He said nothing in Washington law legalizes marijuana use but suggested the federal government won't interfere with states in cases of "affirmative defense," a legal argument that postulates – as in self-defense – individuals have a legitimate reason to break the law.
Hiatt added that in his reading of the law, backed by cases in Washington courts, Port Orchard doesn't have the authority to regulate collective gardens.
Troy Barber, a local representative of Sensible Washington, an organization backing efforts to relax marijuana enforcement, urged the city to "stand up against the (federal) prohibition." Barber said the city, like other state-level authorities, is not mandated to participate in enforcement of federal law.
Two city residents who turned out for the hearing cheered on the city's ordinance, which effectively bans marijuana, medical or otherwise.
Joe Michael pointed to the number of ads for medical cannabis in the Little Nickel advertising circular.
"I'm not someone who goes around being paid to talk in favor of medical marijuana. I'm against it," he said. "This (referring to the ads) is a joke, when they hide under the cover of medical marijuana."
Michael urged the city to prosecute illegal marijuana sales swiftly and decisively.
City resident Mary Felts said she was surprised to learn there is a medical marijuana dispensary just outside city limits on Mile Hill Drive.
"I'm against having medical marijuana in the city of Port Orchard," she said. "I definitely implore all of you not to have this in the city, because it's not good for the city. It's not good for all of us here, and it's against federal law."
Debra Hansen, also a city resident, said she suffers from cancer and debilitating chronic conditions. Using medical marijuana, she has been able to "wean" herself off high doses of morphine and Oxycodone.
"The marijuana helps relieve the pain, and to take that away from people is a crime," she said.
After testimony and while the council was sequestered before the vote in an executive session on potential litigation, Hiatt said, "I just want the government to leave them (medical cannabis users) ... alone. ... This is all stupidity here, big time stupidity, and it's the same everywhere else."
When the council reconvened, Councilman Jerry Childs said: "There's a lot of emotion behind this. ... A lot of people are counting on medical marijuana to make their life more livable, and I understand that."
Childs said the new ordinance is a small step the city can take in preparation for the day medical marijuana becomes clearly legal (or illegal) in Washington.
"It puts the city in a better place, I believe, to move ahead should the state and federal government get their act together."
"My opinion, this is a small step," Councilman Jim Colebank said. "But at least we're taking one."
Chang also said he approved of a code change anticipating a day when the "stars align" and the conflict between state and federal law is settled. But Chang disapproved of the notation about illegal activities being ineligible for business licenses.
"To me that clause is unnecessary," he said. "And it smacks a little of overkill. So for that reason, I'm voting against this ordinance."
Voting for the ordinance were Childs, Colebank, Carolyn Powers and Cindy Lucarelli.
John Clauson and Rob Putaansuu were absent.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: kitsapsun.com
Author: Chris Henry
Contact: Staff and Contacts for Kitsap Sun
Website: Port Orchard council adopts licensing changes on medical marijuana » Kitsap Sun
