Pubdate: Sun, 03 Aug 2014
Source: Seattle Times (WA)
Copyright: 2014 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Author: Andy Mannix
Page: A1

LEGAL BOG AHEAD FOR ISLAND POT GROWERS

Taking Weed to Mainland

Marijuana Moved by Air, Sea Governed by Federal Anti-Pot
Regulations

Scott Durkee is ready to grow some weed.

As soon as the state gives the OK, he and his business partners at
Buds of Vashon plan to grow up to 2,000 square feet of plants, which
could produce up to 100 pounds of marijuana per year.

But selling it off the island could be risky.

Since no roads connect Vashon to the mainland, marijuana growers will
have to move their pot by air or sea - both regulated by federal
agencies, which still consider weed illegal.

In other words, there may be no legal way for a state-approved
marijuana producer to move product across the Puget Sound.

For Durkee and the 13 other growers seeking licenses on Vashon - some
of whom have already invested thousands of dollars into their
businesses - this poses a complication, especially given there's only
three retail shops planned for the island.

"We're not going to sell it all on Vashon," said Durkee, an island
resident. "We're stoners, but we're not that much of stoners."

But just because transportation is illegal doesn't mean pot
proprietors won't still do it. State and federal agencies cited vague
policies, and it's unclear how - or if - rules will be enforced.

Given how the federal government has so far taken a hands-off approach
to Washington's marijuana industry, several hopeful growers said
they're operating on faith that, while it may technically be illegal,
transporting pot through federal space won't be an issue.

"My plan is to comply with all of the [Liquor Control Board's]
regulations," said Durkee. "I'm just going to drive on the [ferry]
boat as if I'm going to the Mariners game. And I don't care about the
Coast Guard and I don't care about the federals, and I don't think
they care about it either. They have bigger fish to fry."

Hazy policy

Vashon Island could be a pot-grower's utopia.

At 37 square miles, it's larger than Manhattan, but with less than 1
percent of the population. This isolated, rural farming locale -
combined with high voter approval of legalized marijuana - makes the
island attractive real estate for outdoor growers, and it's why Modern
Farmer dubbed Vashon "Weed Island" last year.

"Vashon is an ideal place for growing marijuana," said Shango Los,
founder of the Vashon Island Marijuana Entrepreneurs Alliance. "Not
only do we have a supportive agricultural community, but our island
has a long history of producing prohibition-era marijuana, so the
skill sets are already here."

Licenses are pending for 14 producers, eight processors and three
retailers on the island, according to the Washington State Liquor
Control Board.

Vashon is not the only location inaccessible by road where
entrepreneurs hope to get in on Washington's burgeoning marijuana
industry. Proprietors also are seeking licenses on Lummi Island and
the San Juan Islands.

State approval also is pending for a location at Point Roberts, where
someone delivering weed would have to drive through Canada to reach
the rest of Washington by road, a route that would present its own
legal problems.

The only active pot business in Washington with no road access right
now is Aqua Organics, in Friday Harbor on San Juan Island.

Ross Allen, the sole proprietor, said he only opened a month ago, so
he hasn't harvested yet, but hopes to this year.

Allen already has transported cuts and clones via Washington State
Ferry, and plans to eventually move buds the same way, he said.

"I'm just trying to stick within regulations and do our state proud by
doing this the right way," he said.

His routes have been approved by the Liquor Control Board, and he
hasn't heard about any legal conflicts, he said.

That's because the Liquor Control Board, the agency in charge of
licensing marijuana producers, processors and retailers, expected the
ferries would be OK for the industry's use.

"I think they consider the ferries part of the state highway system,
so you'd be transporting that just like you'd be transporting it on
the road," said board spokesman Brian Smith.

But the ferry system still doesn't approve of marijuana on its
vessels, even if the business is complying with state rules, said
Marta Coursey, spokeswoman for the state Department of Transportation,
which operates the ferry.

Because the U.S. Coast Guard regulates the ferries, federal law
supersedes state law, said Coursey.

"Citizens may not transport marijuana on our ferry system," she said.
If someone is caught transporting pot on the ferry, the policy is to
turn the offender over to the Coast Guard.

Coursey said there is no plan to increase enforcement with new
marijuana growers on the islands.

It's unclear if a business could transport product on a personal boat
while complying with the state's guidelines.

Smith wrote in an email that the regulations are "focused on typical
methods for transporting commercial products to market such as roads
and highway systems." He didn't respond to followup questions.

It's also unclear what would happen if someone was caught on a ferry
or other boat with a delivery of legal pot.

In the case of small personal-use amounts of marijuana, the Coast
Guard has a policy to seize the weed and turn the case over to local
police. But if it's a larger shipment from a legal business, the
incident would be handled on a "case-by-case basis," said Coast Guard
spokeswoman Sara Mooers.

Mooers refused to say what would lead to federal legal action or what
factors would make one case different from the next.

"We don't have a hard-and-fast matrix that would say, 'Well, if it's
this much, it's this vessel and it's this route, we're going to do X,
Y and Z,' " she said. "It's just not that cut and dry."

A spokesman for the Federal Aviation Administration gave an almost
identical response, saying only that it would handle air trafficking
on a "case-by-case basis." Federal law says a pilot's license could be
revoked for transporting a federally controlled substance.

Not a new issue

Medical-marijuana producers have been using the ferries for
years.

"I know personally people who take marijuana off the island and bring
it on the island, and of course the only way to do that is by ferry,"
said Vashon grower Kat Sharp. "I know that none of them have ever been
stopped or harassed or bothered whatsoever."

As recreational producers and retailers get licensed on the islands,
Vashon's Los is confident that marijuana transporters will ultimately
be protected by the U.S. Justice Department's assurance that federal
authorities won't interfere with state-sanctioned pot businesses.

"We have set aside any concerns about moving legal marijuana on the
ferry," said Los.

Even so, he advises proprietors to take precautions, such as not
driving a car featuring a company's brand on the side.

Durkee believes the ferry operators and pot transporters will abide by
a "don't ask, don't tell" policy. As long as he complies with the
Liquor Control Board rules and keeps the product locked in his trunk,
he doesn't anticipate any legal complications.

"I've lived here 25 years," he said, "and no one has ever asked me to
open my trunk."
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MAP posted-by: Matt