City Council Maintains Moratorium on Pot Gardens

The Kirkland City Council decided Tuesday to maintain a six-month moratorium on medical marijuana "collective gardens" despite testimony that it would harm patients and increase health care costs.

On July 19 the council enacted a six-month ban on medical marijuana gardens operated by or for multiple certified patients, citing uncertainty over a law passed during the last state legislative session that allows them.

Council members expressed concern about their ability to regulate the locations of the gardens after Gov. Chris Gregoire vetoed several provisions of the legislation. Under state law, enacting the moratorium triggered a requirement for a public hearing, and the council conducted it during its regular meeting Tuesday evening at .

“It would seem to me this infringes on patients' rights here in Washington,” said a man who identified himself only as Eric.  “It sets us back instead of moving forward. It’s not going to help patents at all. It will make their health care costs more expensive. It seems a little bit ridiculous to me.”

One other person testified about the moratorium, asking the council for its reasons. “I’m a little bit nervous about getting my front door kicked in over the next six months,” said the man, who identified himself as Bailey Roth.

After the hearing, the council had three options: Take no action and let the moratorium continue, request more detailed information about the law, or lift the ban. The council let the ban stand, with three members expressing concern about the law and its lack of specifics.

“Our reason is so we have time to establish in our community how to deal with the collective gardens,” said Councilmember Doreen Marchione. “We need to provide for public safety. This will allow us to figure out what we need to do to do that.”

The new state law allows up to 10 medical marijuana patients to join in growing their pot. The city wants time to study whether it can zone to keep such collective gardens and dispensaries away from schools and parks, if the gardens should be allowed in residential areas and if it can limit the number of the gardens on a single property.

Council members Bob Sternoff and Dave Asher both said the law as it stands is not well written and expressed hope the Legisature would clarify it during its next session. In vetoing parts of the bill, Gregoire expressed concern about requiring state employees to work in situations that remain illegal under federal law.

“We need a better environment in which to work,” said Asher.