POULSBO CITY COUNCIL APPROVES MORATORIUM ON MEDICAL MARIJUANA GARDENS

POULSBO -- The Poulsbo City Council unanimously approved a moratorium
on medical marijuana collective gardens Wednesday, in the midst of
unclear laws and jurisdiction.

The moratorium closes a loophole allowing medicinal cannabis in city
limits. The council previously approved a moratorium on medical
marijuana dispensaries in March; that moratorium expires in mid-September.

Mayor Becky Erickson said in an interview the moratorium approved
this week continues to disallow dispensaries, which are illegal under
state law.

"What we're trying to do is figure out the pieces of the law as it
comes out of the Legislature," she said. "It's not a clear direction
what [the state] is intending local jurisdiction can do."

Medical marijuana is legal under Washington state law, along with 15
other states nationwide, but all marijuana is illegal under federal law.

The planning department recommended the moratorium while the
department concludes a broad zoning update. Associate Planner Alyse
Nelson said under current zoning laws, the city doesn't have a way to
regulate a collective marijuana garden that is allowed under state law.

"It's not because we want to not have a discussion about [medical
marijuana] ... we want to include [collective gardens] as part of the
land use review," Nelson said.

A public hearing on the moratorium, which has not been set yet, is
also required within 60 days of the council's approval.

"When we are trying to embrace new ideas that would impact our zoning
code, we have to follow a certain process, which is actually to the
benefit of proponents" of medical marijuana, Councilwoman Connie Lord
said. "We need to have process in place that satisfies all parties if
[collective gardens] were going to be permitted."

Nelson said the zoning updates will be presented before the council
by the end of 2011, after which the council will make a final
decision on whether to allow collective gardens.

Collective gardens, unlike dispensaries, are currently allowed under
state law. However, regulation by the Department of Agriculture and
the Department of Health do not take effect until January 2013,
according to Section 901 of Senate Bill 5073. The law also states
that patients are allowed to grow up to 15 plants privately and
noncommercially.

A collective garden is defined by the bill as no more than 45 plants
or 72 ounces of "usable cannabis."

The council discussed the potential negative impacts of the gardens,
such as property values and safety concerns, that would be addressed
in new zoning ordinances.

Troy Barber, committee member of Sensible Washington, a marijuana
legalization movement, told the council the language of the
moratorium only represented a negative viewpoint of recreational
marijuana dealers. He asked the council not to approve the moratorium
as an appeal to patients' rights.

"Don't push people into an illegal black market to get their
medication," Barber told the council at Wednesday's meeting. "We are
talking about a political debate here, and how can have political
debate when only one side of issue being presented?"

Councilman Jeff McGinty said he didn't feel the concerns of
marijuana's negative impacts were inappropriate, but a response to
other communities' issues with dispensaries and collective gardens.
He said he wouldn't want a garden being planted in an inappropriate
location, like next to a school.

Councilman Ed Stern said he was uncomfortable with the whole
discussion, that the city must try to navigate the ambiguous rules
between state and federal law.

"Is this what the end of prohibition felt like back in [the 1930s]?"
Stern asked the council. "It's an awfully awkward process that's
being thrust on all the cities courtesy of the federal and state
government, and we're being caught in the cross hairs."

Nelson said the community is welcome to submit comments to the
planning department before the hearing is held.