KENT CITY ATTORNEY FILES MISDEMEANOR DRUG CHARGES AGAINST MEDICAL
MARIJUANA BUSINESS OWNERS

The other shoe finally dropped.

Kent City Attorney Tom Brubaker filed charges Wednesday in municipal
court against the owners of two medical marijuana businesses.

According a city release, the city filed "five drug counts (each) in
violation of state law" against Deryck and Colamba Tsang, owners of
Herbal Choice Caregivers at 19011 West Valley Highway, and Charles
Lambert, owner of Evergreen Holistic Center at 204 Central Ave.

The release went on to state, "Considered misdemeanor crimes, all are
being charged with possession of marijuana and drug paraphernalia,
criminal attempt - possession with intent to deliver marijuana and
criminal attempt - delivery of marijuana and conspiracy."

Lambert and Tsang reopened July 25 after the city closed their
businesses July 6 stating they were violating state law.

An arraignment is scheduled for the three at 8:45 a.m. Aug. 10 at Kent
Municipal Court.

The City Council approved an emergency six-month moratorium July 5
against medical marijuana collective gardens and dispensaries.

The city served search warrants July 6 on four medical marijuana
businesses in Kent, closing three, Evergreen, Herbal Choice and Suzie
Q's at 19435 68th Ave. S.

Sun Leaf Medical Center was not closed according to owner Justin Vance
because the business has medical personnel who prescribe marijuana,
but there is no cannabis at the business.

According to Lambert, his attorney, Douglas Hiatt, advised him he
could legally reopen as a collective garden.

The legal morass the medical marijuana businesses and the city are
fighting through occurred when Gov. Chris Gregoire vetoed portions of
the Legislature's bill allowing dispensaries and collective grows for
medical marijuana.

Brubaker advised the council to pass a moratorium because of the
ambiguity created by the governor's veto.

According to Lambert, Hiatt's advice to him was the portion of the
Legislature's bill that was not vetoed and went into effect July 22
allowed collective gardens.

As of Wednesday, Lambert was still operating in what he described as
an "access point for collective gardens."

Tsang could not be reached for comment, but Herbal Choice was open
Tuesday.

Mayor Suzette Cooke said in the city's release, "Today's charges are
in response to our findings of the investigation and search we did in
July, after which our council passed a moratorium prohibiting any
medical marijuana dispensary or collective garden. These operations
were operating illegally then, and are operating illegally now. I took
an oath of office to uphold the law. I can't knowingly allow illegal
activity to occur in this city."

In an interview July 25, Lambert described his operation as a site
where people growing plant come to Evergreen with marijuana and paperwork.

According to Lambert, up to 10 people with proper paperwork could
access marijuana from 45 plants for medical reasons. Lambert said at
least three must be growing and seven can join each garden.

As of July 25, Lambert, who is running for the Kent City Council, said
he had 30 community gardens set up at Evergreen.

Philip Dawdy, who worked with the Washington Cannabis Association,
said Tuesday by phone the cities of Ellensburg and Mukilteo passed
ordinances allowing collective gardens with regulations. Shoreline
also passed a measure regulating collective gardens and collective
garden centers.

Dawdy said Seattle wrote the most sweeping laws allowing "medical
cannabis facilities as long as they follow standard operating
procedures for businesses."

The News Tribune reported Tacoma passed a temporary ban on medical
marijuana businesses Tuesday, but the city promised not to close
existing facilities.

The city's release noted the action Wednesday is "the latest step in a
process that began nearly one year ago when the city first became
aware that these individuals were operating marijuana dispensaries in
Kent. After repeated warnings from city officials that their
operations were illegal, the City Attorney's Office delivered cease
and desist letters in early June, notifying the marijuana dispensary
owners they must close or face the loss of their business licenses and
potential criminal charges."

The moratorium issue is scheduled to go before the Economic and
Community Development Committee in September. Council President and
committee chair Jamie Perry said the committee plans to look at the
options prepared by the staff and hear from public before a decision
is made regarding regulations and zoning of medical marijuana
facilities.