SAMMAMISH COUNCIL JUST SAYS NO TO COLLECTIVE GARDENS

Citing the conflict between state and federal law regarding medical
marijuana Tuesday, the Sammamish City Council decided to keep an
emergency ordinance it passed July 18 in place to maintain a six-month
moratorium on collective gardens.

A moratorium is typically valid for six months though it may be
renewed with six month extensions if a public hearing is held and
findings of fact are made prior to each renewal.

A great deal of confusion remains related to medical
cannabis.

In the last legislative session Senate Bill 5073 passed the state
legislature April 22 and was partially approved by the governor.

Some of the changes that were approved regarding medical marijuana
include; up to 10 qualifying patients may join together and have a
collective garden with a maximum of 45 plants and a minimum of 15 days
must elapse before a qualified provider can switch from being the
provider for one patient to another qualified patient.

Also, Medical marijuana gardens cannot be open to the view of the
general public.

Sammamish mayor Don Gerend said he hopes the medical marijuana issue
will be clarified in the next legislative session. Issaquah has a
similar moratorium in place.

"I think Seattle has embraced this since the 60s," Gerend
quipped.

Council member Nancy Whitten said she didn't think there was a "right"
course of action.

"We're in an untenable position," she said.

Council member Mark Cross said that he believes collective gardens
would create a need for more police.

"Gardens are very different from dispensaries that can be locked up at
night," Cross said.

The governor vetoed provisions in the legislation regarding the
licensing of producers, processors and dispensers and establishing a
state registry for patients, providers and collective gardens. Her
rationale was a letter from the U.S. Department of Justice that this
legislation was in conflict with Federal Drug Laws and that employees
of the state could be at risk of federal prosecution for aiding and
abetting illegal drug possession and sale if they processed licenses
for production and sale of medical cannabis under the new law.