News (Media Awareness Project) - US WA: Pullman Eyes Ban On Pot Gardens |
| Title: | US WA: Pullman Eyes Ban On Pot Gardens |
| Published On: | 2011-08-27 |
| Source: | Spokesman-Review (Spokane, WA) |
| Fetched On: | 2011-08-31 06:05:31 |
PULLMAN EYES BAN ON POT GARDENS
Moratorium Urged Over Doubts About State Law
The Pullman City Council will vote next week on adopting a moratorium
on medical marijuana community gardens.
City Attorney Laura McAloon advised the council to take that action
Tuesday, saying many other Washington cities, such as Issaquah and
Tacoma, have passed such moratoriums. The action would temporarily ban
medical marijuana growing operations, she said. Cities and counties
are not allowed to pass permanent ordinances that would prohibit the
gardens outright.
Changes in state law that took effect July 22 prompted Tuesday's
discussion. Current state law allows up to 10 medical marijuana
patients to together raise community marijuana gardens of no more than
45 plants for their personal use.
While cities and counties are allowed to adopt health, safety and
zoning regulations or impose taxes or business licensing requirements
on the gardens, confusion about the new law makes it difficult to move
forward, McAloon said.
Pullman police Chief Gary Jenkins told the council that medical
marijuana is an attractive target for thieves, and that there have
been cases of dispensaries experiencing burglaries, armed robberies
and other violent crimes.
Jenkins also said a single collective medical marijuana garden
containing the maximum number of plants allowed under state law could
be worth up to $280,000.
McAloon, in recommending the moratorium, noted that "this is a very
unclear and muddy area" because state law conflicts with federal law.
"It's going to change," she said.
In Washington, individuals with certain debilitating or terminal
illnesses can qualify for legal use of marijuana. The law does not
protect patients from potential arrest, but it offers some legal
protection in court.
Two city councilmen said they saw no need for the city to take
action.
Councilman Barney Waldrop noted that marijuana is a federally
controlled substance.
"I don't see how community gardens are any more legal in the city of
Pullman than they are in national parks," Waldrop said.
Moratorium Urged Over Doubts About State Law
The Pullman City Council will vote next week on adopting a moratorium
on medical marijuana community gardens.
City Attorney Laura McAloon advised the council to take that action
Tuesday, saying many other Washington cities, such as Issaquah and
Tacoma, have passed such moratoriums. The action would temporarily ban
medical marijuana growing operations, she said. Cities and counties
are not allowed to pass permanent ordinances that would prohibit the
gardens outright.
Changes in state law that took effect July 22 prompted Tuesday's
discussion. Current state law allows up to 10 medical marijuana
patients to together raise community marijuana gardens of no more than
45 plants for their personal use.
While cities and counties are allowed to adopt health, safety and
zoning regulations or impose taxes or business licensing requirements
on the gardens, confusion about the new law makes it difficult to move
forward, McAloon said.
Pullman police Chief Gary Jenkins told the council that medical
marijuana is an attractive target for thieves, and that there have
been cases of dispensaries experiencing burglaries, armed robberies
and other violent crimes.
Jenkins also said a single collective medical marijuana garden
containing the maximum number of plants allowed under state law could
be worth up to $280,000.
McAloon, in recommending the moratorium, noted that "this is a very
unclear and muddy area" because state law conflicts with federal law.
"It's going to change," she said.
In Washington, individuals with certain debilitating or terminal
illnesses can qualify for legal use of marijuana. The law does not
protect patients from potential arrest, but it offers some legal
protection in court.
Two city councilmen said they saw no need for the city to take
action.
Councilman Barney Waldrop noted that marijuana is a federally
controlled substance.
"I don't see how community gardens are any more legal in the city of
Pullman than they are in national parks," Waldrop said.
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