Pubdate: Thu, 10 May 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

COUNCIL ADOPTS PERMANENT MEDICAL MARIJUANA RULES

Medical marijuana garden regulations are now on the books in Mukilteo.

After nine months of study, the City Council on Monday voted 6-1 to 
adopt permanent regulations allowing medical marijuana "collective 
gardens" within city limits.

The council had adopted interim regulations in August, which limited 
collective gardens to light industrial zones and further restricted 
them with a distance requirement. In January, the council increased 
the distance requirement from 500 to 1,000 feet.

"I will continue to wait and look forward to when the feds and the 
state actually resolve this issue, but until then we have to manage 
the fact that it's here and it's available as best we can," 
Councilmember Randy Lord said.

City lawyer Angela Belbeck advised the council to adopt permanent 
regulations because it is unknown when, or if, new state law will be adopted.

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.

The law also authorizes cities to adopt and enforce zoning 
requirements regarding the production of medical marijuana. Marijuana 
is illegal under federal law.

As with the interim regulations, 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.

Two collective gardens were established before the city adopted 
interim regulations. Those gardens are "grandfathered in" and are 
subject only to state regulations.

With the 1,000-feet restriction, there is the potential for one more 
garden. The city received an application for a third garden, but it 
expired because it was not signed.

Since the two collective gardens were established, there have been no 
issues of note related to their operations.

"We can't illuminate the illegal activity and we can't prevent 
medical cannabis patients from having that in their homes, but we can 
create regulations that have restraint and create limited scope," 
Councilmember Jennifer Gregerson said. "We've seen so far they have 
been working in the city in the two locations that we have it."

At the public hearing, several residents cited the recent robbery of 
marijuana from a Mukilteo home on Marine View Drive as reasons to 
pass or not  the regulations. (See accompanying story.)

The homeowner has a medical marijuana card that, under state law, 
allows individuals to possess or grow marijuana for medicinal 
purposes, Belbeck said. However, that does not mean that he has a 
state-defined collective garden, she said.

"Although this issue is a land use issue and does not specifically 
authorize marijuana, you really are enabling marijuana by passing 
this ordinance," said Thomas McGrath, on the city's planning commission.

"I think, in the long run, the laws of the country should come first."

Although she supports medical marijuana, Mukilteo resident Sarah 
Marsh said she finds it "unfathomable" that the council would 
consider allowing more medical marijuana gardens after last Monday's robbery.

"Crime comes with marijuana operations," Marsh said. "This should not 
be allowed in the city. I just hope that what happened has served 
Mukilteo as a red light.

"It's time to change course and really think about whether we want to 
invite more crime like this into our town.

"We're not going to be a top 10 city if this keeps happening."

Roger Wagley  who lives next door to the home that was robbed 
supported permanent regulations for the gardens.

"We need these things out of the neighborhoods," he said. "It's not a 
question. We can only do so much."

After the vote, the mayor said the city is moving in the right 
direction by adopting permanent regulations.

"As much as I dislike this, it's best that we have some rules in 
place that we can control," Joe Marine said. "At least, by this, the 
most we could have is one more. I think one is plenty, but we can't 
have more than three."
- ---
MAP posted-by: Jay Bergstrom