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?"
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MAP posted-by: Keith Brilhart