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THE RETURN OF ACCESS IN KENT IS A VICTORY, BUT THE FIGHT IS FAR FROM OVER. BY WES ABNEY | PHOTOS BY DANIEL BERMAN
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ashington Supreme Court Commissioner Steven Geoff ruled in favor of medical Cannabis collective gardens in Kent Wednesday Dec. 19, 2012, putting an ad hoc stay on the city’s outright ban on medical marijuana. This news came as a major victory to both the Cannabis Action Coalition and Herbal Choice Caregivers operator Deryck Tsang, who has since been able to reopen his location and begin serving patients again. Currently, Tsang’s collective is the only access point operating within the city. “I feel a little vindication but this Supreme Court hearing isn’t over,” Tsang said in an interview after the ruling. “But it’s not a win just yet.” The decision comes after months of litigation over a May 2012 Kent City Council vote of 4-3 to ban collective gardens. That night, CAC director Steve Sarich had a member of his coalition serve Mayor Suzette Cooke, uttering a well-reported line -- “I told you if you tried to enact a ban I would sue you...” as the papers were dropped into the stunned Mayor’s lap. The council blatantly ignored the will of the voters, bringing the fight into Kent Superior Court.
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The mayor, who has actively opposed MMJ since taking office, cited conflict with federal law as the reason for her decision. “I’m in an uncomfortable position if I determine what laws we enforce,” Cooke said at the fateful council meeting. “I encourage people who want medical marijuana to change the federal law. As mayor I need
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Possession, conspiracy, intent to deliver — they tied us up in court for over a year and a half, now they’re about to give us our stuff back. Its been a waste of time & resources.” - ACCESS POINT OPERATOR DERYCK TSANG on Kent’s medical marijuana moratoriun.
to uphold the laws and the laws do not allow medical marijuana from a point of distribution.” But according to the CAC suit, Cooke is violating state law, and the city is liable for her decision. “We can challenge any city’s ban simply based on state law,” Sarich said. “It’s in the case law. Cities have no right to regulate collective gardens in any way. As a city, you don’t get to do that. That’s the state’s job.” The suit was first heard in Kent Superior Court, where an elected judge who lives in the city of Kent heard the case. The bias in the ruling was overwhelming. Judge Jay White granted every single motion for the city, ultimately ruling in the city’s favor. But this was expected by the CAC. They knew they would have to get to the Washington state Supreme Court to have any hope of a victory. “We went into court that day knowing we were going to take a loss. It was a calculated loss, and not unexpected,” Sarich said. “There was no way a Kent judge was going to rule