POT GARDENS: NOT YET

Legislature OK'd Them Earlier This Year, but City, County Leaders
Enact Moratoriums

These aren't the kind of "community gardens" most folks had in mind.
Collective medical marijuana gardens become legal today as determined
by the Legislature earlier this year.

But this dramatic shift toward legalized growing of cannabis for
medical use won't happen for several months in many municipalities
around the state, including here. Vancouver city councilors made the
proper decision on Monday -- just as Clark County commissioners made
the correct call last week -- to postpone implementing the state's
new law that allows collective medical marijuana gardens. Both
governing bodies have wisely decided that more time is needed to
establish zoning regulations for the gardens. Vancouver City Attorney
Ted Gathe got it right: "Without further state guidance, it's not
possible for cities at this time," thus the six-month moratoriums
that were enacted at both the county and city levels.

The issue at hand is not any lingering debate about collective
medical marijuana gardens. That figurative train left the station on
April 29 when Gov. Chris Gregoire signed into law several sections of
Senate Bill 5073. (Local legislators voted on this measure along
party lines -- Democrats for, Republicans against -- with two
exceptions. State Sen. Joe Zarelli, R-Ridgefield, voted for it, and
state Rep. Tim Probst, D-Vancouver, voted against it.)

The current issue regards not if, but how, to implement the new law.
This no longer is a drug debate; it's a zoning matter. Rational minds
should agree that collective medical marijuana gardens should not be
allowed near schools, parks, churches, business districts and
neighborhoods. Cmdr. Mike Cooke of the Clark-Skamania Drug Task Force
told the county commissioners that industrial zones might be one
appropriate area, and we agree.

Another astute observation was made last week by Axel Swanson, senior
policy analyst for Clark County commissioners. He said the county
commissioners' decision was not "about the board taking a position
about the merits of medical marijuana. It was about the board making
sure there was a proper public process before allowing this activity
in the county." And that community process will include public
hearings in coming months.

According to the new state law, collective medical marijuana gardens
are legal if they are limited to 10 people growing up to 45 plants at
one site. No garden may have more than 15 plants per patient or
contain more than 24 ounces of usable cannabis per patient, up to 72
ounces. Gov. Gregoire vetoed a provision that would have legalized
dispensaries.

There are conflicting views about what the Legislature has done for
or against local governments on this issue. It could be argued that
state lawmakers have forced collective medical marijuana gardens upon
communities that don't want them, and that the implementation is
hasty and surprises local elected officials. But a contrasting
argument is that at least legislators left zoning regulations up to
local jurisdictions, similar to the way the Legislature approves
public education measures but leaves to local school boards any
decisions about implementation.

Clearly, neither Vancouver city officials nor Clark County leaders
are ready for collective medical marijuana gardens ... yet. Shelving
the matter for six months, and soliciting public input about the
moratoriums, is the smart thing to do.