Council Takes a Second Look at Pot

WAITSBURG - With marijuana bans being upheld in jurisdictions across the state, Waitsburg's city council decided to revisit the topic last week. Both Sheriff John Turner and City Attorney Jared Hawkins joined in the conversation that was, without exception, anti-pot.

Councilman K.C. Kuykendall said he wished to get the "very fluid" topic back before council now that nearly a year's worth of data is available. Kuykendall asked legal counsel for a brief legislative update on the issue.

Hawkins noted that, in Pierce County, the city of Fife passed a ban, was sued, and a Superior Court judge "for now" upheld that ban. He said there are similar cases pending in both Lewis and Chelan counties. Hawkins said that court cases, to date, have been consistent with the Attorney General's opinion that state law does not pre-empt local law. "It appears to us that the state laws allows the full gamut of authority; from allowing according to Initiative 502, to banning it, or placing so many restrictions that it would be impractical for businesses," said Hawkins.

Kuykendall commented that, while a business may be allowed, that doesn't mean a jurisdiction is required to allow it, and cited Walmart and gambling as examples. Hawkins agreed, saying that the law would have to make the business an entitlement (meaning it must be allowed) rather than an opportunity.

Mayor Gobel said he had researched the issue and made several points he felt the council should consider. Gobel said that the state charges a 25% tax when the grower sells to the processor; the processor has to charge a 25% tax to the retailer, then the retailer charges 25% to the customer. "Nothing in the statute allows the state to give any compensation back to the city. We're hanging out there," said Gobel. "Why put up with all the stuff we'd have to put up with when there's no benefit to the city?"

Gobel also commented that drunk drivers can be tested with a breathalyzer but drug tests require a search warrant. Since a test must be administered within two hours, it's difficult for law enforcement to prove that an individual is under the influence. Gobel also expressed concern that there is no way to measure or enforce odor control and that some growers are adapting old warehouses as their grow facility which brings along fire, electrical and egress problems. He also expressed concern that the federal government could come in at any time and enforce federal laws which prohibit the sale, production and use of marijuana. "I'm adamant, as you can well tell, about not having this in our community," he said.

Sheriff Turner said that the Walla Walla Planning Commission asked him to research the issue and he found that in Walla Walla County and other counties in Washington state, medical marijuana facilities are already targets of criminal activity. Turner shared that in one local example, masked gunmen broke into a home in the middle of the night, bound and beat a medical marijuana grower and stole all the marijuana and cash. The grower got away and went to the door, attempting to record the vehicle's license when the robbers fired two rounds, one landing in the door jamb, just inches from his head. "So we've had pretty significant crimes of violence right here in this county, over marijuana, in just the last couple of years. I'm a cop and it should come as no surprise that I'm opposed to all these facilities," he said.

Kuykendall cited statistics from the National Institute of Health to justify concern that increased accessibility would result in increased use by kids.

Student council representative Emma Philbrook said she's had personal experience with the issue. "I know a lot of really good kids who have gotten into marijuana and began hanging out with different people and after awhile it was like I didn't really know them anymore." Philbrook said, gauging from the conversations she hears, pot is easier to get a hold of than alcohol.

"Everyone knows whose parents have a stash of the medical stuff or the recreational stuff and they raid their parents stash and bring it to parties. It does have a really sad impact on kids my age. If it was up to me, I wouldn't have it in the city," she said.

Last December, Waitsburg's city council replaced the city's marijuana moratorium with a zoning ordinance limiting the processing, production and sale of recreational marijuana to the city's industrial zones. Medical collective gardens were exempted from the zoning ordinance but were required to register with the city. No mention was made at the Oct. 15 council meeting about amending the zoning ordinance or whether the issue would be discussed again at upcoming meetings.