Pubdate: Sat, 24 Nov 2012
Source: Columbian, The (WA)
Copyright: 2012 The Columbian Publishing Co.
Contact:  http://www.columbian.com/
Details: http://www.mapinc.org/media/92
Author: Stephanie Rice

VANCOUVER ENVISIONS RULES FOR COLLECTIVE POT GARDENS

Council Wants to Minimize Theft, Presence of Youths

The Vancouver City Council tentatively agreed last week to consider 
restricting collective medical marijuana gardens to areas zoned for 
heavy and light industry.

The council will do a first reading of the ordinance Monday and can 
send it on to a public hearing, 7 p.m. Dec. 3 at City Hall, 415 W. Sixth St.

During a workshop on Nov. 19, councilors asked why the proposed 
ordinance was so restrictive. In addition to being in heavy or light 
industrial areas, gardens would have to be at least 1,000 feet from 
schools, community centers, public parks, licensed day-care 
facilities and other collective gardens.

As one councilor asked, "Are there any spaces left?"

Heavy industrial and light industrial zones include areas such as the 
Port of Vancouver, Columbia Business Center and Columbia Tech business park.

Community and Economic Development Director Chad Eiken said he felt 
the ordinance struck a balance between allowing them everywhere and 
not allowing them anywhere, approaches taken by other jurisdictions 
in the state with mixed results.

Councilors asked City Attorney Ted Gathe how the approval of 
Initiative 502 will affect medical marijuana use, and he said that 
remains to be seen.

I-502 addressed recreational use, Gathe said, as it decriminalized 
the possession of up to 1 ounce of marijuana for adults 21 and older. 
The law changes Dec. 6, but the state has a year to establish 
guidelines for growing, processing and selling it. The state has also 
been waiting to see if the federal government plans to intervene.

Medical marijuana was decriminalized in 1998, but it wasn't until 
2011 that regulations were established for collective gardens.

Regulations state that no more than 10 card-carrying patients can 
have a collective garden with no more than 45 plants. A copy of each 
patient's medical documentation must be kept on the premises, and a 
patient can belong to only one garden at a time. The state gave local 
jurisdictions the right to set zoning restrictions.

Both the city of Vancouver and Clark County commissioners have 
subjected the law to extended moratoria.

County commissioners, who will decide where gardens can be located in 
unincorporated areas, are expected to discuss the topic at a work 
session on Wednesday.

Under the city's ordinance, collective gardens would have to be 
inside buildings secured with deadbolt locks. No signs or symbols 
advertising the garden would be allowed, and no on-site sales or 
sales of drug paraphernalia would be allowed. The security and 
absence of cash may discourage would-be robbers, Eiken said.

While the city would not license the gardens, the operator of the 
garden must notify the city, according to the proposed ordinance.

Hours would be restricted, from 7 a.m. to 8 p.m., and nobody younger 
than 18 would be allowed at the gardens.

The city first enacted a six-month moratorium on collective gardens 
in July 2011. The extended moratorium will expire at the end of this year.
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