BREMERTON MEDICAL MARIJUANA DISPENSARIES ON HOLD

Bremerton medical marijuana patients who hoped to open a non-profit
dispensary on Callow Avenue this month have postponed their plans,
awaiting the outcome of state legislation that could clarify the
rules for such an operation.

Meanwhile, the Bremerton city attorney has reported increased
interest in operating medical marijuana dispensaries in the city and
has denied two business license applications in the past couple
weeks. Currently, medical marijuana's legality is complicated.

Voters in Washington state approved the legalization of medical
marijuana in 1998 by a margin of almost 60 percent, with Kitsap
voters approving the measure by the same margin. However, being an
approved medical marijuana patient does not provide arrest
protections - it only provides a defense in court. Patients can grow
marijuana for themselves, but cannot legally buy seeds or plants.
Federal law still prohibits the possession and sale of marijuana,
however, in 2009 U.S. Attorney General Eric Holder directed federal
prosecutors to back away from pursuing cases against medical
marijuana dispensaries that operate within state law.

Because of the conflicting rules, the city attorney's office said
last month it wasn't sure how to address the growing interest in
medical marijuana dispensaries in the city. But last week, City
Attorney Roger Lubovich said the city would deny all business
licenses to anyone planning to open a medical marijuana storefront.

His office denied two applications last week.

"It's illegal activity. Period," Lubovich said. "We don't license
illegal activities."

However, Seattle, Tacoma and even Belfair have dispensaries.

Archie Lee, who planned to open a storefront for a medical marijuana
dispensary called Herbal Healing on Callow Avenue this month, said
his non-profit venture is licensed by the state and he has notified
the state Department of Health and Department of Agriculture of its
plans. However, he and his partners have not applied for a license
from the city, waiting to see how medical marijuana dispensary bills
in the Legislature progress.

"Since the city of Bremerton is so against it, we've kind of halted
it," Lee said. "We're going to let the state hammer this out before
we take any actions on anything."

Meanwhile, Herbal Healing collects marijuana from other medical
marijuana patients at their homes and sometimes gives it to certified
medical marijuana patients for free in Bremerton and throughout
Kitsap County. No money is exchanged for the marijuana, Lee said.

Bills in both the state Senate and House of Representatives would
outline the rules for operating medical marijuana dispensaries in the
state, essentially making them explicitly legal. According to the
most recent version of the Senate bill that passed the Ways and Means
Committee Feb. 24, dispensaries would be able to sell cannabis seeds,
plants, usable cannabis and cannabis products to qualifying patients.
The Department of Health would oversee a confidential list of
dispensaries and a voluntary registration system of qualified
patients that would offer arrest protection when consulted by law
enforcement. Local governments would adopt zoning and business
licensing requirements.

According to testimonies given to the Senate Ways and Means
Committee, Washington stands to gain as much as $3 million in tax
revenue per year.

The Senate's bill passed both the Health and Long-Term Care and the
Ways and Means Committee last month and awaits a vote by the full
Senate. The House version got a public hearing Feb. 8 but has not yet
been voted on by a committee.

State Rep. Sherry Appleton, D-Poulsbo, who has supported marijuana
legalization efforts in the past, wrote in an e-mail she hopes the
proposed regulations pass.

"By setting the rules for all, that are uniform, people will, with a
doctor's prescription, have their needs met and their pain
stabilized," Appleton wrote Monday.

In Port Orchard, the City Council voted 6-0 Feb. 22 to impose a
six-month moratorium on medical marijuana dispensaries. The vote
would allow the city to observe how the dispensary bills in the
Legislature fare and take more time to determine how it wants to zone
dispensaries, Port Orchard City Councilman Fred Chang said. Chang was
absent from the vote.

Bremerton Mayor Patty Lent said she wants the city to take a similar
wait-and-see tack. She has been approached by people hoping to open
dispensaries in the city, who have said that medical marijuana should
be regulated and taxed.

Lent said while those in favor of dispensaries have good arguments in
their favor, she is reserving judgment on the issue until the state
or U.S. government provides more direction.

"Until we have clear information from either Olympia or the federal
government, we will have to abide by the laws," Lent said.