Pubdate: Tue, 19 Jul 2011
Source: Kent Reporter (WA)
Copyright: 2011 Sound Publishing
Contact:  http://www.pnwlocalnews.com/south_king/ken/
Details: http://www.mapinc.org/media/5026
Author: Dennis Box, Kent Reporter Regional Editor 

MEDICAL MARIJUANA ADVOCATES CALL FOR END TO MORATORIUM IN KENT

Medical marijuana drew another standing room only crowd in the Kent
City Council Chambers for a public hearing addressing the city's
moratorium on collective gardens and dispensaries.

More than 150 people packed the chambers for the hearing with many
more outside in the City Hall lobby.

Prior to the meeting the medical marijuana supporter met at Evergreen
Holistic Center for a rally, then walked to City Hall for the City
Council meeting.

The city passed a moratorium July 5 on a 5-2 vote with Councilman
Dennis Higgins and Councilwoman Elizabeth Albertson in dissent.

The measure was passed as an emergency bill, which meant it went into
effect when it was passed by council and signed by the mayor.

State law required the city to schedule a public hearing within 60
days following the vote.

The day after the moratorium was passed the Kent Police served search
warrants and collected evidence at the four medical marijuana
dispensaries located in the city.

The city sent a letter to the businesses June 3 informing each they
were violating state law and requiring them to close.

Prompting the moratorium was a state law allowing for collective grows
or gardens. The portion of the bill legalizing medical marijuana
dispensaries was vetoed by the Gov. Chris Gregoire because she
believes it made state workers subject to criminal charges.

According to the city moratorium ordinance, the governor also vetoed
the part of the bill, "regarding the manner in which the collective
gardens are to be regulated. This has resulted in a very confusing
legal landscape which cities must now negotiate."

Following the hearing, Derkck Tsang, owner of Herbal Choice
Caregivers, and Charles Lambert, owner of Evergreen Holistic Center
and a candidate for City Council Position No. 5, said they would be
opening again as collective grow operations.

Lambert said on the advice of his attorney, Douglas Hiatt, he will be
opening Monday.

Hiatt said, "My clients are going to be in compliance with state law
that goes into effect (July 22)," Hiatt said. "There is no provision
for a moratorium. The moratorium has no force or effect. It is illegal."

According to Hiatt if the city closes the business down he plans to
fight the action in court.

"If they bust my client we'll go to court and we'll find out if there
is a moratorium or not."

The moratorium ordinance stated the city has the authority to
"regulate these collective grows through zoning, licensing and taxing."

Tsang said he plans to reopen and take the risk of being shut down
again.

"We're not criminals," Tsang said.

Jessica King, owner of Suzie Q's, said she hasn't decided if she will
reopen.

"The law is what it says and it is up to our city to abide by the
law," King said. "And what they've done, forcing the emergency
moratorium is illegal. They need to uplift it immediately."

During the public hearing nearly 20 spoke, all in support of medical
marijuana and ending the moratorium. Many spoke about the relief they
receive from marijuana treating symptoms from various illnesses
including cancer and neurological diseases.

Dawn Nelson said she has lived in Kent 20 years and stated she has
cancer.

"I'm not a criminal," Nelson said. "I'm a mother, a wife, a daughter,
a sister, an aunt, and I'm also a medical marijuana patient. I have
stage four cancer diagnosed Oct. 17, 2007, my 39th birthday. I was
given three weeks to two years to live. I'm going on three and a half
years with the help of medical marijuana."

Lambert said during the hearing, "These people, you do not know them.
I do, on a daily basis. I see what it does for them."

Phillip Dawdy, who worked with the Washington Cannabis Association
during the legislative session, said the collective grow legislative
was "never meant to be caught up in regulation by the city. It was
meant to be a much more casual arraignment. We were essentially
codifying what has been casually called grow over the years."

City Attorney Tom Brubaker stated at the meeting that whatever
regulations the city adopts, none will "guarantee the legality of any
medical marijuana operation under state law or federal law. That risk
will remain with the owners, operators, providers and patients."

Marijuana continues to be illegal according to federal law. The U.S.
Drug Enforcement Administration lists it as a Schedule 1 narcotic.

The DEA has closed down medical marijuana facilities in Spokane this
year. 
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MAP posted-by: Richard R Smith Jr.