Pubdate: Wed, 11 Jan 2012 Source: Mukilteo Beacon (WA) Copyright: 2012 Beacon Publishing, Inc. Contact: http://www.mukilteobeacon.com Details: http://www.mapinc.org/media/5282 Author: Sara Bruestle CITY'S MEDICAL MARIJUANA GARDEN RULES STRENGTHENED Residents who don't want any more medical marijuana gardens in Mukilteo can relax - newly revised interim regulations allow no more than one additional garden in the city. Mukilteo City Council on Jan. 3 voted unanimously to further restrict the city's interim regulations by doubling the distance requirement for "collective gardens" from 500 feet to 1,000 feet. The council adopted interim regulations Aug. 1, which limited collective gardens to light industrial zones, and further restricted them by a 500-foot distance requirement. Legally, the interim regulations may be in effect for up to six months. City staff continues to work on permanent regulations. As revised, collective gardens are required to be at least 1,000 feet away from other collective gardens, as well as schools, day cares, parks, community centers, houses and apartment complexes. With the 500-feet separation, there was the potential of up to six more collective gardens in Mukilteo. With the revised 1,000-feet separation, there is now the potential for one more garden. "Having two gardens that are unregulated city-wise right now is more than what Mukilteo currently needs," Councilmember Emily Vanderwielen said. A state law adopted last year allows qualifying patients to grow medical marijuana together in a "collective garden." Up to 10 patients at a time may grow up to 45 plants. Dispensaries and grow farms are still illegal in the state. The law also authorizes cities to adopt and enforce zoning requirements regarding the production of medical marijuana. Two collective gardens were established before the city adopted interim regulations. Those gardens are "grandfathered in" and are subject only to state regulations. Since adopting the interim regulations, the city has received no applications for new gardens. Recently, local regulation of medical marijuana has been a topic of uncertainty. In November, federal agents raided 14 state-sanctioned medical marijuana dispensaries across western Washington. Since then, lawsuits in California and - more locally - in Seattle have been filed over the legality of state and city regulations when medical marijuana is still an illegal drug under federal law. Due to the uncertainly, city lawyer Angela Belbeck advised the council to extend the interim regulations. She said adopting permanent regulations now would only require more revisions later. "This way it is less permanent, it's more flexible and easier to adjust to changing laws and other developments that may occur." At the public hearing, several residents spoke out against medical marijuana gardens and requested more restrictions. Many said two gardens in Mukilteo were more than enough. Mukilteo resident Christine Schmalz said the lots available to collective gardens should instead go to tax-generating businesses to increase tax revenues. "These gardens don't pay taxes," she said. "I pay taxes. I have a business. We should be doing business with companies that really increase our tax base and help our community." Dr. Chris Beard, of Mukilteo, said the deeper debate - beyond how many medical marijuana gardens to allow - is whether medical marijuana is a valued alternative to other medications. He said qualified patients are at risk of fatally mixing or overdosing on alcohol and other prescription medications. "You hate to tell somebody who's got cancer, who's got uncontrolled pain, "I don't want to give you this because I don't trust it,'" Beard said. "But I've never, ever had a patient who has been at this state, need this. "We can control their pain; we can control their nausea." In response to Dr. Beard, Graham Wendinger, owner of one of the collective gardens here, said that many patients come to him begging him to help them reduce the levels of prescription drugs they are taking to manage their pain. "I really wonder what some of you fear," he said. "Marijuana has not killed anyone. Hundreds of thousands die a year from being prescribed the 'proper' medication." Vice President Jennifer Gregerson said that many qualified patients have come to her and expressed relief that medical marijuana gardens are allowed in Mukilteo. "Especially once Everett was looking at getting rid of their gardens, [they were relieved] there was an opportunity for them to go somewhere that is close by and relatively safe to continue that practice," she said. After the vote, the mayor said he was thankful the council had extended and strengthened the city's interim regulations. "I think two is plenty in a city our size for people who need to get it (medical marijuana) for medicinal purposes," Mayor Joe Marine said. "Why would we want to continue to have more and more of these open up and take up space when we could have legitimate businesses that are creating sales tax dollars?" - --- MAP posted-by: Keith Brilhart