POT BAN TO REMAIN IN SAMMAMISH

Council Poised To Renew Moratorium On Collective Gardens

Sammamish seems unlikely to follow the lead of Issaquah and other
cities in testing the murky waters of medical marijuana
dispensaries.

At a Jan. 3 meeting the council had a first reading of an ordinance
that would extend a moratorium on "collective gardens" that can grow
and dispense marijuana to patients with a doctor's note. The council
is scheduled to take public comment and then vote on the extension at
their Jan. 17 meeting.

The council passed the emergency ban last July after conflicts emerged
between state law, which allows up to ten qualifying patients to form
a collective garden of up to 45 plants, and federal law, which still
classifies marijuana as an illegal drug on par with LSD or heroin and
without medicinal value. Gov. Chris Gregoire has joined state
officials from around the country in asking the federal government to
reconsider that classification.

Since the July moratorium, though, cities such as Seattle, Mukilteo,
Shoreline and Issaquah have crafted laws and zoning regulations for
collective gardens, often with buffers that prevent gardens from
opening close to schools or community centers and licensing
requirements that call for providers to go through criminal background
checks.

With city and state officials continuing to wring their hands about
the prospect of their employees being held legally liable for
approving a collective garden, city staff is recommending that the
council extend their moratorium for another six months in hopes that
the picture is clearer then.

"Future case law or amendments to state or federal laws may assist in
clarifying the situation," Community Development Director Kamuron
Gurol said. "Meanwhile, a risk assessment by jurisdictions is prudent
and the moratorium will provide time for that."

Gurol added that, unlike Issaquah, the city has not had any
applications for a collective garden. In interviews, council members
echoed the sentiment that the city should sit this one out until the
state and federal governments reach some sort of understanding.

"I'd rather we be followers than leaders on this," Mayor Tom Odell
said.

Deputy Mayor John James said he was keeping an open mind on the
subject but said the council hadn't received much in the way of
feedback from the community one way or another on the matter.

"It's been kind of a quiet issue," he said.

Councilwoman Nancy Whitten said her legal background makes her very
hesitant to have the city act as a test case on the matter.

"There's a clear conflict there between state and federal law,"
Whitten said. "It's a very uncomfortable feeling when you're operating
under conflicting law ... I support the moratorium until it is figured
out."