MEDICAL MARIJUANA GARDENS OK'D BY ELLENSBURG CITY COUNCIL

But City Places Moratorium on Cannabis Dispensaries

ELLENSBURG -- The Ellensburg City Council approved an emergency
ordinance Monday allowing medical cannabis collective gardens in the
city and approved a six-month moratorium on cannabis
dispensaries.

The state Legislature recently passed a law permitting medical
patients to create and participate in cannabis collective gardens for
medical use if local governments adopt zoning requirements. The law
went into effect last Friday.

The City Council approved the interim ordinance Monday night to
establish local regulations while it considers more comprehensive
regulations for collective gardens. A public hearing is scheduled
Sept. 19 for more discussion on the issue.

"We are declaring an emergency to put us in compliance with Washington
state law," said Ellensburg Mayor Bruce Tabb. Without interim
regulations, collective gardens could operate in the city without
restriction, leading to the establishment of gardens in locations that
might later be restricted in permanent city regulations.

Under the emergency ordinance, a permit, purchased for $25, is
required to operate a collective garden for growing medical cannabis.
The gardens must be indoors and not visible from a public place. A
300-foot buffer zone is established around schools and youth-oriented
facilities.

Reaction

Central Washington University student and medical cannabis user Brian
Grimmer thanked the council for "bravely stepping forward and doing
something about community gardens." Grimmer, 42, broke his back in a
motorcycle accident when he was 22 years old.

"I found cannabis was more effective in controlling my pain than
prescription opiates and I did not have to endure their associated
side effects," Grimmer said. "Secondly, pain, especially back pain,
makes us crabby. One of the benefits of cannabis is that it does
elevate one's mood to a happier and more positive state of mind."

Grimmer recommended the Council include a waiver of the permit fee for
low-income patients, saying that an expensive fee will hurt people and
make them grow in their closets.

A cooperative allows three to 10 patients to group together and share
expenses, and varieties and save money, Grimmer said, adding that it
takes roughly $1,500 to get started. A grow store will soon open in
Ellensburg, he said.

At CWU

Grimmer also suggested including CWU in the closed zone, stating that
it will cause a firestorm for the university, particularly in student
housing. The Council decided to let the university set its own
regulations.

Patricia Rogers of Moxee said she, also, is a medical cannabis user.
Rogers said it was painfully obvious that whoever drafted the
ordinance doesn't know anything about marijuana or hemp. Then Rogers
quizzed council member Fennelle Miller on what hemp is and how it is
used. Miller said it's a plant, but she had no idea if you smoke it or
eat it.

"That's exactly what I'm talking about," Rogers said.

Rogers said the Council needs to get with a cultivator and sit down
and write the ordinance together.

Following approval of the emergency ordinance, the Council approved a
six-month moratorium on licensing, establishment and operation of
marijuana dispensaries.

Gov. Chris Gregoire vetoed parts of the state law, including
provisions related to marijuana dispensaries, creating confusion about
whether they are legal under state law.

Ellensburg does not have regulations addressing medical marijuana
dispensaries, and until the state Legislature adopts regulations, the
moratorium will maintain the status quo, giving the city time to
determine whether dispensaries are allowed under existing law.

A public hearing to discuss the issue is scheduled for Sept. 19, at
which time the city should have more legal understanding, Tabb said.

The Council voted unanimously in favor of the emergency garden
ordinance and the dispensary moratorium. Council member Rich Elliott
was absent.

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What's allowed

Only one collective medical marijuana garden is allowed on a parcel of
land, and the parcel must be leased or owned by a member of the
collective garden, under the emergency city rule. The landlord must
give written permission for having a collective garden on the
premises. Records of garden membership must be kept for at least three
years.

Each qualified patient may possess no more than 15 cannabis plants and
no more than 24 ounces of usable cannabis. No more than 10 qualified
patients may participate in a collective garden and no more than 45
plants are allowed per garden.

A qualified patient is someone who is a patient of a health care
professional and has been diagnosed with a terminal or debilitating
medical condition. The patient must have been advised by that health
care provider about the risks and benefits of the medical use of
cannabis and have valid documentation.

A qualified patient does not include anyone who is being supervised
for a criminal conviction.