Pubdate: Sun, 15 Nov 2009 Source: Herald, The (Everett, WA) Copyright: 2009 The Daily Herald Co. Contact: http://www.heraldnet.com/ Details: http://www.mapinc.org/media/190 Author: Oscar Halpert, Herald Writer Bookmark: http://www.mapinc.org/topic/dispensaries Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - United States) MOUNTLAKE TERRACE REJECTS MEDICAL MARIJUANA DISPENSARY With Mountlake Terrace Officials Chilly to the Idea, the Proponents Threaten to Sue After the City Rejects Their Business Application to Sell Medical Marijuana From a Storefront Office. MOUNTLAKE TERRACE -- Two men may file a lawsuit if city officials don't allow them to open a medical marijuana dispensary. Todd Madison, 56 and Aaron Panagos, 29, applied in September for a business license to open Botanical Urban Dispensary Service in a 1,700-square-foot commercial office at I-5 and 220th Street SW in Mountlake Terrace. They say they've been using medically authorized marijuana to manage pain for years and have run their business out of their homes since the beginning of the year. The city, however, rejected their business application, arguing that possession or sale of marijuana is illegal within city limits and that the state's medical marijuana law doesn't specifically authorize a storefront dispensary. Officials also rejected Madison and Panagos' request for a hearing to appeal. City regulations don't allow appeals of rejected business license applications. "The city's not interested in getting into whether (marijuana) should be legalized or not legalized," city manager John Caulfield said. "The city's simply following the law." Both men say they're the victims of a gray area in an 11-year-old state law that allows physicians to authorize patients to use marijuana. It doesn't specify how the substance, which cannot otherwise be legally grown or used, should be obtained. Currently, 13 states allow the medicinal use of marijuana. Nonprofit dispensaries have cropped up to meet the demand. In September, police in Spokane raided and shut down a dispensary called Change. "We do have a state of Washington business license," Madison said. "It seems kind of weird that the state of Washington says we can be in business but the city says we can't." The Washington State Medical Marijuana Act became law after voters in 1998 approved Initiative 692. The law allows physicians to authorize - -- but not prescribe -- use of marijuana for up to 60 days for a list of conditions including glaucoma, AIDS, cancer, chronic pain and nausea. The Washington Administrative Code specified that patients can possess a 60-day supply of 24 ounces of marijuana. The law also allows patients to grow 15 plants. Nonprofit medical marijuana dispensaries operate statewide. Madison said he and Panagos want to start what they claim would be the first for-profit storefront medical marijuana dispensary in Washington. Susan Connor, owner of the office building the men would like to lease, said it's unfortunate the city rejected their application. "They're not asking to run a speakeasy," she said. "It's a medical facility." She said she recently lost two tenants because of the recession and needs to replace the lost income. "I need tenants," she said. "My property taxes were still due on the 31st of October. It's hard finding tenants right now and I think this a great thing, because it's a medical use." Madison said he has a doctor's OK to use marijuana for chronic pain, stemming from a motorcycle accident. Before he began using marijuana for the pain seven years ago, he'd been prescribed various painkillers, including morphine, which he said left him unable to function. Marijuana, he said, allows him to have a normal life. "Without it, I don't sleep," he said. Panagos said he also has medical authorization to use marijuana for chronic pain and nausea. He said he switched to marijuana after being prescribed a variety of painkillers. "Having all the nausea and everything else, I pretty much had an allergic reaction to all the painkillers," he said. - --- MAP posted-by: Richard Lake