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Soap Lake extends marijuana moratorium

Herald Staff Writer | Hagadone News Network | UPDATED 12 years, 10 months AGO
by Herald Staff WriterRyan Lancaster
| March 15, 2012 6:00 AM

SOAP LAKE - Soap Lake joined several other Columbia Basin cities in extending a moratorium on the establishment of medical marijuana collective gardens.

"Until the state and federal governments are on the same page, I'll continue to recommend we extend this moratorium so not expose any of our city officials to liability and to buy time until the issue is resolved one way or another," City Attorney Katherine Kenison told the Soap Lake City Council at the last meeting. "We're in an undesirable spot, directly between the state and federal governments. I would look in another six months for another extension request."

Adding to the uncertainty, Kenison referenced Initiative 502, which would expand legalization in the state to include recreational use for anyone 21 years old and above. Recent polls suggest a slim majority of Washington voters support the measure, which will be on the ballot this fall.

"Whether it passes or not, the existing marijuana statute is in direct conflict with federal law," she said. "The federal government is going to prosecute offenders regardless of the state law. If we are engaged in licensing, regulating or permitting any of these medical marijuana gardens, we are subject to federal prosecution for aiding and abetting, being conspirators in the unlawful manufacture and distribution of an illegal drug."

Kenison said the best protection from all cities is to continue taking advantage of the statutory zoning moratorium until someone tells them they can't do so.

"We're on a collision course with the federal government on this issue and it's only going to get worse, I suspect, before it gets better," she said.

Following a unanimous vote in favor of the moratorium extension, Mayor Raymond Gravelle asserted the action was taken not to violate individual rights, but to protect the city.

"I've received letters and I've had conversations saying 'the state says medical marijuana (use) is legal, why doesn't the city?'" he said. "This is to protect the city and our ability to pass ordinances to not come under the scrutiny or prosecution of federal authorities."

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