The day after an
article in the Kitsap Sun reporting that Port Orchard is considering
a moratorium on medical marijuana dispensaries, Dave Norton was in
a quandary.
Norton, former owner of medical marijuana dispensaries in Key
Center and Tacoma, was getting ready to set up shop at the Bayside
Plaza in downtown Port Orchard. He’ll take the keys to the leased
storefront on Saturday.
Norton asked me what the moratorium could mean to his budding
business. Should he move forward with his plans? What are his
options? What’s the chance dispensaries will ever be allowed in the
city?
Norton said he just wants to help people who have health
problems and can find no relief elsewhere. The organization
NORML, which seeks to legalize
marijuana, lists 19 clinical indications
for medical marijuana, from Alzheimer’s, ALS, chronic pain and
diabetes, to Rheumatoid arthritis, sleep apnea and Tourette’s
syndrome.
The drug is not without side effects
and risks, including the possibility of addiction and negative
effects on the heart, lungs (if smoked) and impairment of
activities of daily living, according to the National Institute on Drug
Abuse.
There are implications for mental health as well. According to
NIDA, “A number of studies have shown an association between
chronic marijuana use and increased rates of anxiety, depression,
and schizophrenia.”
No doubt marijuana is powerful medicine, say proponents. But
testimony from some who commented on the Kitsap Sun’s story
indicate that, at least in some cases, it provides significant
relief, where traditional prescription drugs have not, and with
fewer side effects.
“Marijuana has replaced the psychotropics, and most of the pain
meds and the muscle relaxers. … No more zombies,” wrote robodrill,
whose wife has cancer and whose two sons are “wounded warriors.” “I
have my wife back, and my sons are no longer the victims they once
were, they have some pride back.”
Norton’s intention is to provide a “clean, neat, organized”
facility where authorized patients can safely obtain the drug.
“We want people to realize this is going to be very, very
professional,” he said.
And discreet. No tacky signs looking like something out of the
1960s. Even the name will be discreet: Bella Oha, meaning
“beautiful leaf.”
Norton’s former business was “Green Health.” He shut it down
after employees left in change while he recovered from a heart
attack engaged in less than professional activities. Norton, with
about 1,000 clients and a new partner, wants a fresh start in a new
town. But since announcement of the pending moratorium, he’s
wondering about the odds he’ll be able to do so.
City officials on Tuesday had plenty of questions of their own.
What does the current city code say about dispensaries? Can they
deny someone planning one a business license if they apply before
the moratorium is formally enacted? Would this open the city up to
a lawsuit? And how would the passage of a bill on
medical marijuana currently before the state Legislature change
the rules?
City code as it stands would allow dispensaries, and other
jurisdictions, including Port Angeles, have allowed them. A
business license was issued to one dispensary there, and the Port
Angeles police won’t intervene unless a violation of the law is
called to their attention.
But Port Orchard Police Chief Al Townsend is clear that, in his
book, dispensaries are illegal — at least for now — and in his town
they’ll be shut down. Townsend on Thursday issued a statement
(complete text below), saying, “While the laws clearly need
clarification for both those using it and those enforcing it, in my
opinion it still is clear that dispensaries are not legal,” he
said. “If one of the dispensaries opens in the city, I’m 100% sure
we will take enforcement action, unless the law changes in the mean
time.”
That could change with the passage of SB 5073, which calls for
clarification of the rights of medical marijuana patients, as well
as ways to track and regulate legal use of the drug. Hence the
discussion of the moratorium. Townsend advised the city council to
take a stance that will clearly spell out the city’s policy on
dispensaries, at least until they know the fate of the bill.
Until the moratorium formally passes the council, anyone seeking
to operate a dispensary could apply for a business license. But
City Attorney Greg Jacoby said that the city would be within its
rights to deny a license to such a business — even though current
code allows it — based on the chief’s interpretation that it is
illegal.
In doing so, however, Port Orchard could be opening itself up to
the kind of controversy that occurred
in Tacoma, when the city tried to revoke the licenses of eight
dispensaries. The Tacoma City Council agreed to wait on
enforcement until the fate of the bill is clear, after protesters
descended on city hall.
The moratorium is not on the council’s agenda for Feb. 22.
Norton will be there to state his case.
Take the poll on the Kitsap Caucus homepage: Do you favor or
oppose passage of SB 5073, “concerning the medical use of
cannabis?”
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Chief Al Townsend’s statement on medical marijuana dispensaries,
Feb. 17, 2011:
While the laws clearly need clarification for both those using
it and those enforcing it, in my opinion it still is clear that
dispensaries are not legal. One patient, one caretaker or grower.
That’s how I see it. I believe that’s how the prosecutor feels
about it.
If one of the dispensaries opens in the city, I’m 100% sure we
will take enforcement action, unless the law changes in the mean
time.
If the law does change to legalize dispensaries, my biggest
concern was how the city was going to regulate where they would be
located. It appears now that the city will create a moratorium on
the facilities until such time as they can sufficiently study that
issue. I think that’s a really good idea.
What I find most interesting about this is……..if people really
want to have options for medical marijuana, why not regulate it and
dispense it through the facilities that already
exist……..pharmacies. It would seem natural to do so in this way to
help ensure compliance with the laws that they already have to
follow. The facilities are professional and clean and already
located around the community. Seems like the best way to do
business. Let Pfizer and the other drug companies market it!
Alan L. Townsend
Chief of Police
City of Port Orchard
546 Bay Street
Port Orchard, WA 98366
(360) 876-1700 FAX: (360) 876-5546
www.cityofportorchard.us
