Pubdate: Tue, 06 Jan 2015
Source: Seattle Times (WA)
Copyright: 2015 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Author: Evan Bush

HOLMES ASKS STATE TO ACT ON MEDICAL MARIJUANA

Urges It Be Put into Recreational System

Wants City to Crack Down on Medical-Shop Offenses

Seattle City Attorney Pete Holmes urged the Legislature to fold 
medical marijuana into the state's recreational system in a 
wide-ranging policy memo Monday.

He also pushed the city of Seattle to crack down on medical-marijuana 
businesses not following state law or city regulations.

Some businesses aren't operating with proper permits. Others have not 
paid local business and occupation taxes. Some opened after the City 
Council passed an intended moratorium on new medical-marijuana businesses.

Holmes said he published the memo to clarify any confusion about 
medical-marijuana laws.

"If you're a commercial (medical-marijuana) operation lacking a 502 
license (Initiative 502), it's a felony operation. Period," said Holmes.

Holmes said he hopes his memo reframes the debate about medical 
marijuana. He said recent court decisions have made it clear that 
medical-marijuana providers have a "limited affirmative defense" in 
court, but that's it.

"I have talked to some medical producers who are clearly commercial," 
Holmes said. "They say, 'Are you going to make it illegal?' This memo 
is clear: You're already illegal."

He said the "debate should no longer be about if, but when" 
medical-marijuana businesses cease operating or join the Initiative 502 system.

In the memo, Holmes endorsed state Sen. Jeanne Kohl-Welles' proposal 
to fold medical marijuana into the state's highly regulated 
recreational system. He also pushed for "marijuana lounges" that 
would allow users to vaporize or consume edibles on site.

State law does not allow consumption of pot at marijuana stores, so 
those at pot lounges would need to bring their own weed.

Mayor Ed Murray announced plans last month to propose new regulations 
for medical marijuana, including a licensing system.

The mayor Monday said he intends to send the City Council a draft 
ordinance that will protect patient access to safe, medical-grade marijuana.

"Shutting down all collective gardens is not the right solution 
because it leaves our patients out in the cold," he said in a statement.

Holmes said he would prefer the Legislature address medical marijuana 
and that a city license would stand on questionable legal ground.

He wrote in the memo: "Licensing commercial marijuana activity 
outside the I-502 system ... would send a message that the city 
endorses a parallel but different system for such activity, perhaps 
conflicting with state law and undercutting arguments for legislation 
at the state level."

He said that doesn't mean his vision conflicts with the mayor's.

"There's so many moving pieces," said Holmes. "What the mayor has 
proposed is something we'll really need if the Legislature punts again."

Although Holmes' memo encouraged more legal action against marijuana 
businesses, his office primarily handles civil enforcement against them.

Felony criminal charges are handled by King County Prosecutor Dan Satterberg.

Holmes said he was pleased Satterberg filed charges against Matthew 
Segal and several employees who were operating several 
medical-marijuana businesses, including Rain City Medical.

Seattle police raided Segal's multimillion-dollar operation in last 
June. Satterberg's office charged Segal in December.

"I commend Satterberg for filing criminal charges against Rain City," 
said Holmes. "My office advised SPD they could raid the establishment 
and seize the plants."

Holmes acknowledged he was limited in his ability to carry out his 
vision for pot policy, but hoped the 20page memo would persuade 
legislators to take action on medical marijuana.

"I don't have the legislative power in the city or state," he said. 
"All I can do is offer my good-faith opinion."

Holmes said he plans to be active in Olympia sharing his vision.
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MAP posted-by: Jay Bergstrom