The Kent City Council approved a six-month moratorium against the new four-member cooperatives to grow and cultivate marijuana for qualified medical patients that the state will allow, starting July 1.
The council on Tuesday night initially considered an amendment to a city zoning code ordinance to prohibit the cooperatives similar to its bans against recreational marijuana businesses and medical marijuana collective gardens.
But the council didn’t have the four votes to approve that change as Dennis Higgins, Tina Budell and Brenda Fincher opposed the amendment. Just six of the seven council members were at the meeting with Jim Berrios absent.
Council President Bill Boyce said the council will reconsider the amendment at its July 5 meeting. City staff recommended the moratorium – until the council figures out what it wants to do – because the new state law takes effect July 1. Without the moratorium, people could set up cooperatives starting next month.
The state set up the cooperatives to allow medical marijuana patients to grow up to 60 plants. They would not be allowed to sell the marijuana. Patients also can choose to grow a limited number of plants at their homes.
Budell opposed the amendment to ban cooperatives.
“What this ordinance is going to do, is it is going to prevent law-abiding citizens, who are registered with the state and willing to comply with the state and subject to inspection, from getting access to the medicine that they need,” Budell said.
David Galazin, assistant city attorney, told the council during his presentation about the amendment, that people can go to recreational marijuana stores, including one in Des Moines, to buy medical marijuana. Budell disagreed because the stores do not all stock the right grades of marijuana.
“As much as you say that recreation has it, they don’t,” Budell said. “I had to drive to Sumner to get my sister the medicine she needed. Because Seattle with as many pot stores as they have, do not have medical grade concentrates.”
Councilwoman Dana Ralph said the ban aims to stop larger grows.
“We are not taking the rights of any patient away,” Ralph said. “What we are doing is preventing the potential for a cluster or focus of plants being grown in any given house. We are not saying you cannot grow plants. … There is safe access. What we are saying there is not safe access to 60 plants in someone’s neighborhood and 60 plants next to that.”
Higgins has opposed the city marijuana bans since the city first banned medical marijuana collective gardens in 2012.
“Our marijuana laws are not working,” Higgins said. “I believe the city of Kent should honor the will of the voters and thoughtfully implement laws, regulations and zoning that allows marijuana operations in our city. I believe our voters signaled that was their intention in their approval of I-502.”
Voters statewide, and a majority in Kent, approved Initiative 502 in 2012 to legalize the possession and sale of recreational marijuana in Washington and create a system of state licensing and regulation. Cities and counties, however, are allowed to ban marijuana businesses through zoning laws.
Higgins said the moratorium allows a chance for Berrios to vote on the issue. But Higgins made his stance about the ban clear.
“I don’t want to see co-ops banned in our city,” Higgins said. “I think they have a rightful place in our city.”
Two people testified against the ban prior to the vote. The city’s Land Use and Planning Board on May 23 unanimously approved the ban. Nobody testified at the public hearing before the board.
City staff reported concerns about people in rental properties setting up cooperatives, which could lead to property damage related to wiring, moisture or odor issues. Galazin also noted it could be tougher for police to determine legal or illegal grows when someone can grow up to 60 plants.
Deputy City Attorney Pat Fitzpatrick told the council the moratorium could be replaced with an ordinance, if the council approves such a measure next month.
“This would prohibit cooperatives in any zone in the city until council determines how it wants to address this from a permanent zoning standpoint,” Fitzpatrick said. “This does not prohibit medical use or recreational use of marijuana. It is just a land-use measure.”
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