Pubdate: Fri, 27 Apr 2012
Source: Covington Reporter (WA)
Copyright: 2012 Sound Publishing, Inc.
Contact: http://drugsense.org/url/BpVOFZ4G
Website: http://www.pnwlocalnews.com/south_king/cmv
Details: http://www.mapinc.org/media/5075
Author: Tj Martinell

GREEN SOCIETY GROUP NOW OPEN

Owner Describes Business As an Access Point for Medical Marijuana Patients

Let the legal wrangling over medical marijuana begin.

A new business called Green Society Group opened up in Maple Valley 
on April 20, run by Chris Schoonover and his business partner, Jon Hofer.

A dispute has arisen between the city of Maple Valley and Schoonover 
as to whether or not Green Society Group is violating the city's 
moratorium on medical marijuana.

Schoonover described his business as specializing in "palliative care 
and networking solutions," which includes medical marijuana collective gardens.

GSG, located at 22210 S.E. 272nd Street in Frontier Square, is 
designed with a more welcoming environment than most business dealing 
with medical marijuana, according to Schoonover. The main room 
resembles a medical office with a security door through which someone 
with an authenticated medical marijuana prescriptions can enter.

Beyond the door is an "informative table," which Schoonover said is 
part of his plan to maintain strong communication with the city and 
remove any skepticism about the nature of his business.

He stated he intends to have the business open to the public once a 
month in order for people to come in with any questions they have.

According to Schoonover's attorney, Jay Berneberg, the business 
manages collective gardens, yet does not act as a dispensary or a 
collective garden, and therefore does not violate the city's 
moratorium or state law on medical marijuana.

According to state law, up to 10 people can grow a collective garden 
together. A person is also allowed to individually possess up to a 60 
days worth of medical marijuana, which is defined as up to 24 ounces 
or 15 plants.

Berneberg stated in a telephone interview that businesses such as GSG 
manage the collective gardens for the medical patients, something 
which the state doesn't regulate. He also said that only those who 
are documented members of a collective garden managed by GSG are 
given access to the medical marijuana. GSG, he stated, keeps 
documentation on members who enter or leave the collective garden, as 
well as store the medical marijuana.

"They're (GSG) hired by the collective garden to do it," Berneberg 
said. "We have a management company in Maple Valley and that's where 
people can go and access their medicine. They come there, they obtain 
the medicine and they leave. Nobody's using the medicine there. 
People come up like they're going to the pharmacy. There's not any 
partying going on. They don't have a vapor room."

LEGAL LOOPHOLE

Confusion due to the ambiguity in state law, as well as the exact 
intentions of GSG, has left the city at a loss of what actions to 
take, said City Manager David Johnston in a telephone interview.

"They're (GSG) saying that they don't fall under the moratorium," he 
said. "We know what our moratorium states and through the discussions 
it says we believe it falls under the moratorium. We'll do what we 
have to do to enforce any action that may have to happen. It's 
unfortunate that there is no clarity in this issue. You still have 
the federal, state law issue. It's not clear. Some of these actions 
can be illegal under federal law but it's allowed under state law. So 
I think our hope would be the state would clear up any ambiguity, but 
they got caught in their budget issues."

Johnston added that this dispute was "not a matter of if but when."

The moratorium was passed by the City Council in July 2011. At its 
Feb. 21 meeting the City Council voted to support a letter signed by 
Gov. Chris Gregoire asking the DEA to consider reassigning medical 
marijuana from a Schedule I to a Schedule II drug, which would make 
it legal for medicinal purposes.

Meanwhile, Schoonover said, he has no intention of letting the 
business get shut down.

"I won't quit," he said. "As long as I'm breathing air I'm going to 
fight this fight."

Due to the dispute between the city, Berneberg advised Schoonover not 
to sell any medical marijuana until the issue has been cleared up. 
Even though he ultimately chose not to have any medical marijuana in 
the business during its grand opening, Schoonover said, he was 
determined to open on April 20.

"I made a promise that they would be able to speak to me," he said of 
clients. "I was very adamant about that. Being the guys we are, this 
was an opportunity to prove that I am who I say am."

It is unlikely at this time, however, that any action will be taken 
by the city against GSG, according to Johnston, who said at the Maple 
Valley City Council's meeting on Monday that the King County 
prosecutor's office will dismiss any charges the city may bring. He 
also discussed a meeting he had had with Berneberg earlier that day.

"What we are in is an assessment process because first of all, the 
thing came as a shock to the city staff," Johnston said. "We're going 
to take our time. So, we're looking at all our legal review on the 
situation that we have. We're dealing with some interesting 
interpretation of current state law. We're trying to figure out if 
they're valid or not. When we have more information to talk about, we 
will. We have to digest that. It's an unfortunate, ambiguous 
situation that we face because of what happened with the governor's 
line item veto last year."

Johnston said, "they are being very open and they have a desire to be 
follow the rules and regulations and the laws."

REMOVING THE 'BLACK EYE'

Schoonover said he did not intend to open up his business in Maple 
Valley originally, but, changed his mind after the lease at Frontier 
Square became available.

"Quite honestly my path stumbled in here," he said. "I didn't want to 
open here. I'm a firm believer in fate and destiny, so when the 
door's wide open you'd be foolish not to at least try it."

One of his intentions, he said, is to improve the reputation of 
businesses that deal with medical marijuana.

"Certain individuals in this industry have done things incorrectly," 
Schoonover said. "They have given us this black eye. We've tried to 
take the grey area out and take the black eye away. But we have to 
have a symbolic relationship with the community. You've got to."

Schoonover stated he opposes Initiative 502, which if passed, would 
legalize small amounts of recreational marijuana.

Although he believes GSG does not violate the moratorium, Berneberg 
stated a moratorium on collective gardens and dispensaries is still 
the incorrect way to deal with the issue.

"Whether anyone wants to admit it or not there are already quite a 
few collective gardens in Maple Valley," he said. "It goes on all 
over the place because it's allowed under state law. They can put 
their head in a deep dark place. They can say it's not happening 
because they're got a moratorium. Prohibition is a terrible way to 
regulate medical marijuana. They lose revenue. They lose knowledge. 
They wash their hands of it and actually have the complete opposite 
effect of what it was intended to do. It says, 'As long as you can 
keep it out of sight that's OK.' It's a way for city to avoid responsibility."

A medical marijuana dispensary, Covington Holistic Medicine, has 
remained open due to Covington's moratorium being passed after it was 
in operation.

Last year, several medical marijuana dispensaries in Kent were shut 
down in July and then reopened several weeks later, which Berneberg 
said is proof that the law is on their side.

"It was like a gang came in and trashed the place," he said. "It was 
an ugly show of force. So they send it over to the King County 
prosecutor and he says they're not violating state law."
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MAP posted-by: Jay Bergstrom