FEDERAL WAY SAYS NO TO MEDICAL MARIJUANA DISPENSARIES

City Denies Business Licenses

Federal Way has declared that two medical marijuana dispensaries are
illegal businesses.

Conscious Care Cooperative and GAME Collective both received
cease-and-desist letters from the city in January. The city denied a
business license application from Conscious Care Cooperative, which
opened in January at 29500 Pacific Highway S.

The denial is based on city code and noted that "the proposed
business will be used for the distribution of marijuana. Marijuana
dispensaries are illegal under state and federal law." According to
the city, anyone operating a business without a license is guilty of
a criminal misdemeanor and subject to civil penalties of up to $500 a day.

Conscious Care Cooperative is appealing the city's order with a
hearing examiner March 23. GAME Collective, which opened in December
at 33324 Pacific Highway S., has not applied for a business license,
city officials said.

Bradley Ecklund, manager of Conscious Care Cooperative, said he wants
to provide a place where patients can find safe access to medicine.
The dispensary's fate hinges on the March 23 hearing along with the
outcome of proposed state legislation, he said.

"We're not here to ruffle feathers," said Ecklund, adding that the
dispensary complies with state laws, accepts only donations and
screens all patients to ensure they have a valid physician's
recommendation for medical marijuana.

"If the city has concerns, work with us," Ecklund said. He noted that
the dispensary serves patients representing a range of ages,
backgrounds and illnesses. "This is Washington state and this is
what's going on."

From a law enforcement perspective, it's not a matter of whether
medical marijuana is right or wrong, but whether businesses comply
with the law. In Federal Way, businesses must obtain a license and
pay taxes. Marijuana is illegal under federal law, and the state's
medical marijuana law from 1998 allows a designated provider to be
the primary caregiver for one patient at a time. The two Federal Way
dispensaries, which serve hundreds of patients, are in violation of
these statutes and have not been approved to operate in the city,
according to Federal Way police.

"I am very focused on reviewing and investigating the manner in which
they're doing business, and if I can generate a criminal case, I
will," said Federal Way Police Chief Brian Wilson. "If you just hang
out in front of one of these locations in Federal Way, watch what's
going on. They don't look like cancer patients."

The Federal Way dispensaries, both located in strip malls, have
already attracted trouble. Conscious Care Cooperative was burglarized
Feb. 27, and residents living near GAME Collective have complained of
customers dealing marijuana from their cars, said Cmdr. Stan McCall.

"There's so much room for corruption in regards to this activity,"
said McCall, who is heading police investigations on the Federal Way
dispensaries. "Our elected officials may legalize (dispensaries) down
the road, but now they're not legal at all."

The issue of local medical marijuana dispensaries was addressed
publicly by Mayor Skip Priest during the Jan. 4 city council meeting.

"It is the position of the city that dispensing is illegal under the
current law and it will be treated as such," Priest said, responding
to a citizen comment on business licenses for dispensaries.

Ongoing issues

Among bills in the Legislature, Senate Bill 5073 would amend state
law to strengthen legal protections for qualifying patients and
designated providers.

House Bill 1550, which recently failed to make it out of committee,
would have paved the way for marijuana to be legalized, taxed and
sold in state liquor stores. The Seattle Times printed an editorial
Feb. 18 in favor of HB 1550 and legalizing marijuana in Washington.
The editorial prompted a call from the White House Office of National
Drug Control Policy for a meeting with the Times editorial board,
according to The Stranger.

Sensible Washington is working on another initiative to remove all
state penalties for marijuana for residents ages 18 and up. In 2010,
a similar legalization measure failed to gather enough signatures to
qualify for the general election ballot.

Background

In 1998, Washington state voters approved a law that removed criminal
penalties and established a defense for qualified patients who
possess or cultivate cannabis for medicinal use.

In 2008, the "60-day" supply for patients was defined as 24 ounces
and 15 plants; both numbers have attracted intense debate from
medical marijuana advocates. The law allows patients to exceed these
limits if the patient can prove medical need, according to the
Washington State Department of Health.

Federal law classifies marijuana as a Schedule 1 controlled
substance. Washington's medical marijuana laws help patients with a
legal defense in local or state courts. Federal laws do not recognize
the medical use of marijuana.