THE WEEKLY HERALD   EVERETT, WASHINGTON
Published: Wednesday, September 14, 2011

MLT buys more time on pot issue

MOUNTLAKE TERRACE — City Council members approved another six-month moratorium on medical marijuana activities, giving staff more time to weed through the implications of legislation allowing for collective gardens.

The unanimous vote followed a Sept. 6 public hearing. The moratorium ends March 4. Collective marijuana gardens are prohibited in city limits until then.

“A moratorium is a temporary solution, not a final solution,” said Shane Hope, community and economic development director.

Staff says the additional six months will allow for further research on potential criminal, health and legal impacts of dispensing medicinal marijuana.

City officials can’t outright prohibit collective gardens, although officials can pass specific ordinances related to zoning, license, permit and tax requirements.

Theft and armed robbery could increase as these collective gardens sprout in the city, staff warned. Further, fertilizers and other chemicals pose a health risk, and legal risks tied to regulating, taxing and permitting medicinal marijuana are under consideration, they added. The impact on businesses, neighborhoods and schools are a concern as well.

The law is very unclear and rapidly evolving, Assistant Police Chief Pete Caw told the council.

“It’s nowhere near perfect if it can ever be perfect,” Caw said.

His top concern is conflicting federal and state laws which he described as a dueling match.

“It puts city, county and state municipalities and law enforcement in a very odd situation,” he said.

Robberies have occurred that were tied to the two legal, individual growing operations in Mountlake Terrace, said Caw.

Voters approved an initiative in 1998 allowing patients to obtain medicinal marijuana but state laws don’t have a means for dispensing it.

The council took precautionary measures by approving a six-month moratorium last spring as proposed bills to legalize dispensaries sifted through the Legislature.

Mayor Pro Tem Laura Sonmore said municipalities should collectively tell state legislators they need to better regulate medicinal marijuana.

“It’s frustrating the law is so interpretive,” Sonmore said.