Vancouver Approves Medical Marijuana Gardens As Questions Linger About Pot Possession

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Marijuana possession becomes legal Thursday in Washington, and medical marijuana gardens will be allowed in Vancouver as of Jan. 2 following City Council approval Monday night.

But across Washington state, there are clouds over the marijuana issue. The federal government says pot possession remains illegal. And Clark County commissioners have agreed informally to ban medical cannabis cultivation in their jurisdiction.

Nevertheless, following state law, the Vancouver City Council voted 6 to 1 Monday night to allow marijuana to be grown for medical purposes in the city, but only in industrial areas. Councilman Bill Turlay voted no, saying he wouldn't vote for a measure that violates federal law.

Also contrary to federal law, Initiative 502 goes into effect Thursday, allowing anyone older than 21 to possess up to 1 ounce of marijuana for recreational use.

The city council believed it had little choice about medical marijuana under state law, which allows the city to regulate the growth of cannabis for medical purposes. If the city didn't act, then state law would allow marijuana gardens to locate anywhere within the city, the council ruled.

"This is a real show of leadership," said Mayor Tim Leavitt, "a prudent step forward. If anyone is in the dark, it is the folks in D.C., who are operating like molasses."

Leavitt said police across the country say marijuana isn't a major problem, but it takes up huge amounts of time. And many authorities believe medical marijuana can help folks suffering from disease.

So the council moved to allow "collective marijuana gardens" in industrial and light industrial zones. These would include areas such as the Port of Vancouver, Columbia Business Center and Columbia Tech Center.

The gardens will allow cannabis to be grown for specific, authorized patients under carefully controlled conditions.

While 30 persons attended the public hearing on the council's new 50-page marijuana garden ordinance, only six testified. Five spoke in favor, while James Barber asserted the council had no right to regulate marijuana gardens at all.

"Do you want to get into people's medicine cabinets and tell them they can't use oxycodone?" said Barber. "You can't do that."

Clark County Sheriff's Sgt. Shane Gardner joined residents Matt Wood, Mike Sutherland, Dakota Greer and Mike Posey in testifying in favor of the gardens.

It's unclear whether or how Washington voters' passage last month of Initiative 502, allowing recreational marijuana use, will affect medical marijuana gardens.

Much depends on how the federal government reacts, since it still lists marijuana as a Schedule 1 drug, said City Attorney Ted Gathe. Those drugs are said to have no currently accepted medical use and a high potential for abuse. Other such drugs are heroin, peyote and Ecstasy.

The medical marijuana gardens ordinance:


States that no more than 10 card-carrying patients can have a collective garden with no more than 45 plants. A copy of each patient's medical documentation must be kept on the premises, and a patient can belong to only one garden at a time.

Requires a collective garden to contain no more than 24 ounces of useable cannabis per patient, up to a total of 72 ounces of useable cannabis.

Says no useable cannabis from the collective garden may be delivered to anyone other than one of the qualifying patients participating in the collective garden.

Sets a limit of one collective garden on any legal lot. A minimum distance of 1,000 feet is required from schools, community centers, public parks, licensed daycare facilities and other collective gardens.

Requires each garden to be in an enclosed and secure structure with an engineered foundation with no on-site sales or display of paraphernalia, no advertising signs or symbols and no visibility of cannabis plants from any public space.

Requires gardens to avoid adverse health and safety effects to nearby properties by limiting odors or smoke, glare from security lights and noise from alarms. Exterior lighting must be at all entrances, deadbolt locks on all exterior doors, and windows secured with bars to prevent unauthorized entrance.

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Source: oregonlive.com
Author: Special To The Oregonian
Contact: Contact OregonLive.com or The Oregonian
Website: Vancouver approves medical marijuana gardens as questions linger about pot possession | OregonLive.com
 
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