PASCO MULLS EXTENDING POT GARDEN BAN TO 1 YEAR

Pasco is considering extending a moratorium on collective marijuana
gardens for a full year.

That would allow the city to wait for changes to the new state law
allowing the gardens that officials expect during the next legislative session.

Rick White, Pasco community and economic development director, told
city council members Monday that it's highly likely a new law will be
in effect in 2012.

A state law that went into effect July 22 changes the voter-approved
initiative that allows authorized patients to use cannabis to help
treat some terminal and chronic illnesses to instead allow a single
garden to have up to 45 plants grown by 10 patients collectively.

But it still is up to cities to decide how and where gardens can be.
Cities can use a moratorium as a six-month breather while deciding
how to apply zoning, taxation, business licensing and public health
and safety regulations.

Pasco, Kennewick, Richland and West Richland all passed moratoriums
on shared gardens.

The state law has few restrictions, limiting only the number of
plants and specifying the gardens not be in public view.

The state did a halfway job by approving collective gardens but not
including regulations for those gardens, said Mayor Matt Watkins.
Gov. Chris Gregoire vetoed about half of the law.

Enacting something without a resolution of the partial veto would be
reckless on a local level, he said.

The six-month moratorium will expire Jan. 18, which is before the
legislative session, said Lee Kerr, city attorney. Cities won't know
what that decision may be until later.

Councilwoman Rebecca Francik said it would be better to wait than to
grandfather in rules that may not conform to what the state ends up deciding.

Right now, the state law is in direct conflict with federal law,
which makes possessing, selling and growing marijuana illegal, she said.

Councilman Al Yenney said while he likely would support a 12-month
moratorium, he would prefer to see a shorter moratorium so those who
need access to medical marijuana can use collective gardens sooner.

He said he deplores patients having to use the black market to get marijuana.

Once the city has an idea of where the Legislature is going, Kerr
said the moratorium could end as soon as the council passes an ordinance.

Yenney suggested the city use Seattle's ordinance, which allows
collective gardens with a special permit and requires the payment of
a tax for the privilege.

Kerr said people still are waiting to see how the U.S. Attorney
General's Office will react.

Yenney said he'd like to have staff monitor what happens with the
Seattle ordinance.

Councilman Saul Martinez said he is concerned what effect the
collective gardens would have on the surrounding community.

Yenney said he would prefer that another jurisdiction try out the new
law before Pasco.