MORATORIUM 2: CITY STUDYING REGULATION OPTIONS FOR "COLLECTIVE"
MARIJUANA GARDENS

Port Orchard's city council plans to consider, at its Aug. 23 meeting,
a six-month moratorium on medical marijuana gardens, similar to a
moratorium it passed recently on medical marijuana dispensaries.

During the moratorium's six months, the city council hopes to figure
out a way to comply with federal law, which prohibits the gardens, and
state law, which allows them.

"We're in a difficult position," said Councilman John Clauson. "If we
do nothing, we're in a position of gardens springing up wherever."

If the city develops regulations to control the gardens, however, they
could be seen as condoning them-which goes against federal
prohibitions, he continued.

Alan Townsend, Port Orchard's police chief, urged the city council to
take action on the issue.

"I Googled, `how do I get a marijuana card, if I'm not (ill),' and 40
pages came up," he said. "That availability concerns me, and the
impact on law enforcement people concerns me."

Greg Jacoby, the city attorney, presented two options: adopt interim
zoning regulations or adopt a six-month moratorium.

The Association of Washington Cities has recommended the zoning
regulations.

In a template for potential regulations, drafted by the city
association, would-be gardeners would need to get a permit, garden
indoors, and comply with location and distance restrictions.

"(Gardens) have to be more than 500 feet from schools, churches,
libraries, youth-oriented facilities and residential daycare
facilities," according to the city association's draft of the
regulations.

Several members of the city council, the Mayor and Townsend, expressed
concerns that the zoning regulations could violate federal law.

"I'm not necessarily opposed to medical marijuana, I just want to
protect the city," said Mayor Lary Coppola. "We don't violate federal
law, because federal law trumps state law."

Cities, throughout the state, have reacted to the marijuana gardens in
different ways.

Some cities, including Kirkland and Issaquah, have imposed moratoria.
Other cities, including Shoreline and Castle Rock have adopted zoning
regulations.

"They're all scratching their heads," said Jacoby. "Most cities have
done nothing."

We know that the city of Seattle is probably going to essentially
legalize dispensaries and collective gardens," he said. "I think
Tacoma is going to tell law enforcement that it's their lowest
priority, but not actually legalize the dispensaries."