access
ARTICLE CONTINUED FROM PG. 31
MEDICAL MARIJUANA RETURNS TO KENT While the impact of only one city banning access or collective gardens might seem inconsequential, the ramifications are far reaching. Cities like Everett and Tacoma both looked to the Kent ban for case law in support of their own potential bans. Now that the stay has been granted, cities are looking to new methods to ban medical Cannabis access and gardens.
T
he recent ruling by the city of Everett declaring collective gardens a per se “nuisance,” is a perfect example of how far the cities will go to enforce their will. Tacoma instituted a nuisance order earlier this year, though it has yet to be enforced in a way that the city’s dozens of access points have been shut down. In Everett, patients are lacking both access and the ability to grow collectively — a mainstay of the states MMJ law. For the CAC, these nuisance orders will be the next target. “Cities can’t call this a nuisance, they can’t restrict it to vague commercial zones, they cannot enact moratoriums and not address the issues, and they certainly can’t enact an outright ban,” Sarich explained. “So we can challenge those cities directly, or we can go into the Supreme Court and beat Kent, and then use that case to beat any other city that tries to do this again.” For now, Tsang is happy to be operating his
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Cities can’t call this a nuisance, AND they can’t restrict it to vague commercial zones. they can’t enact moratoriums and not address the issues, and they certainly can’t enact an outright ban. - STEVE SARICH, Cannabis Action Coalition,
which filed a lawsuit against Kent’s moratorium.
collective again. Herbal Choice Caregivers is located in an industrial park in the Kent Valley. The facility is safe and secure and under constant video surveillance linked to alarm monitors, Tsang said. Then there’s the neighbors: the Washington State Patrol office sits next door. Commissioner Geoff noted that the City of Kent’s argument claiming relative harm is debatable, and that nothing in the state’s medical marijuana law, RCW 69.51a, “precludes a qualifying patient or designated provider from
engaging in the private, unlicensed, noncommercial production, possession, transportation, delivery or administration of Cannabis for medical use.” He went on to say in his report that “if the city has cause to believe Mr. Tsang is engaged in illegal activities rather than a collective garden, it can control those activities by means other than a zoning ban on collective gardens.” After being raided, charged criminally, and then subjected to a ban against his medicine, Tsang hopes the end is near. “Our case is likely to influence the outcome of other moratoriums, other bans, it matters a lot, if we lose,” Tsang said. “Everett and all the other places will use this as case law to justify their ban. I would like this community to come together and fight these cities together.” To support the ongoing legal battle, contact either the CAC or Herbal Choice Caregivers for donation information. A Supreme Court case isn’t cheap -- and the outcome will affect patients all across Washington. The medical Cannabis community needs to stand up to unjust laws, and support those fighting against them. The case could be heard as soon as mid-January, though a ruling is months away. The return of access to Kent is a victory, but it’s a fight far from over.
KEY MOMENTS FOR KENT ACCESS RALLY IN MAY
CAC LAWSUIT
CITY COUNCIL
RALLY IN MAY
JUDGE JAY WHITE
32/JAN. 2013 FACEBOOK.COM/NWLEAF