PORT ORCHARD KEEPS ITS MORATORIUM ON MEDICAL MARIJUANA BUSINESSES

PORT ORCHARD -- Testimony in favor of medical marijuana dispensaries
did not sway the Port Orchard City Council's position that such
businesses shouldn't be allowed inside city limits, at least for now.

The council on Feb. 23 imposed a moratorium on medical marijuana
businesses. Council members want to see what happens with a bill being
considered by the state Legislature that would clarify medical
marijuana laws.

They also want time to discuss where the city should allow
dispensaries to locate if the bill passes.

That was deemed an emergency ordinance, which allowed the city to
immediately implement themoratorium. But the council was still
required to hold a public hearing on the emergency ordinance, which
took place during Tuesday's council meeting.

Kent Bratt, a Bremerton attorney, told the council that he has a
client who wants to open both a dispensary and a medical marijuana
referral service at 944 Bay Street.

Tacoma Greenthumb, the dispensary, and Greenthumb Medical, the
referral center, are separate businesses. Bratt's client prefers to
have both in the same location, but if the city won't budge on its
prohibition, the business owner plans to locate the referral service
on Bay Street and the dispensary at 4978 SE Mile Hill Drive, outside
city limits.

Bratt argued that the referral service shouldn't fall under the
moratorium because no marijuana products would be on site.

The city issued a business license for Greenthumb Medical, but the
city's planning department denied a building occupancy permit because
the words "medical marijuana" were mentioned on the application, said
Development Director James Weaver.

"My interpretation (of the ordinance) is very, very strict," Weaver
said. "If it lists anything about marijuana, that's grounds to
withhold the permit."

The city's police department also has to sign off on permit
applications, and Chief Al Townsend also has said he'll take a
hard-line stance on any activity related to medical marijuana until
the law is clarified.

Use of medical marijuana has been legal in Washington since 1998. But
the law is vague, and Bratt said patients authorized by a physician to
use the drug often turn to suppliers who operate under the radar.

"Most people, if they have a prescription, must deal with rather
unsavory elements," Bratt said. "My client proposes to have an
above-board, legitimate business for those who have a
prescription."

Bratt noted that false referrals exist, but said his client's business
would follow a strict and transparent procedure. Detailed records
would be available to law enforcement, he said, answering a council
member's question.

Greenthumb Medical contracts with a physician, who looks at patient
records and conducts a physical exam before issuing a medical
marijuana card, Bratt said.

Tacoma Greenthumb, the dispensary, keeps records of what products are
issued and who receives them.

Port Orchard Councilwoman Carolyn Powers asked how two associated
businesses can both issue the authorization and supply the product,
suggesting a possible ethical conflict.

Bratt replied that Tacoma Greenthumb is a nonprofit. Patients may
donate, but are not required to do so. The medical marijuana bill
being debated in Olympia would require dispensaries to be nonprofit.

Port Orchard resident Josh Zetzsche encouraged the city to end the
moratorium. He suggested Port Orchard is missing out on potential
revenue from a much-needed industry.

"This is a medicine, and people need it. I know people it honestly
helps," he said. "To just stick our heads in the ground is just going
to perpetuate a black market. It's already going on, is what I'm
saying. Let's regulate it. Let's collect taxes for it."

Danielle Rimbert of Port Orchard asked if the council members knew of
any fallout in towns, like Belfair and Port Angeles, where
dispensaries are allowed.

Mayor Lary Coppola said a former Port Angeles official told him there
has been no obvious effect there, but it may be too soon to tell.

Outside the meeting, Rimbert said: "I'm fine with (a medical marijuana
dispensary) if it's monitored and only the people with prescriptions
can go inside. I don't see any ill effects on the community."

The council took no action on the ordinance, meaning the moratorium
stands as is for six months from the date it was issued.

The city of Poulsbo also has enacted a medical marijuana moratorium.
Bremerton has denied licenses for dispensaries but a referral center
got a license.