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CONTACT THE HERALD
Robert Frank, City Editor
frank@heraldnet.com
 
Published: Sunday, November 15, 2009

Mountlake Terrace rejects medical marijuana dispensary

With Mountlake Terrace officials chilly to the idea, the proponents threaten to sue after the city rejects their business application to sell medical marijuana from a storefront office.

MOUNTLAKE TERRACE — Two men may file a lawsuit if city officials don’t allow them to open a medical marijuana dispensary.

Todd Madison, 56 and Aaron Panagos, 29, applied in September for a business license to open Botanical Urban Dispensary Service in a 1,700-square-foot commercial office at I-5 and 220th Street SW in Mountlake Terrace.

They say they’ve been using medically authorized marijuana to manage pain for years and have run their business out of their homes since the beginning of the year.

The city, however, rejected their business application, arguing that possession or sale of marijuana is illegal within city limits and that the state’s medical marijuana law doesn’t specifically authorize a storefront dispensary.

Officials also rejected Madison and Panagos’ request for a hearing to appeal. City regulations don’t allow appeals of rejected business license applications.

“The city’s not interested in getting into whether (marijuana) should be legalized or not legalized,” city manager John Caulfield said. “The city’s simply following the law.”

Both men say they’re the victims of a gray area in an 11-year-old state law that allows physicians to authorize patients to use marijuana. It doesn’t specify how the substance, which cannot otherwise be legally grown or used, should be obtained. Currently, 13 states allow the medicinal use of marijuana. Nonprofit dispensaries have cropped up to meet the demand.

In September, police in Spokane raided and shut down a dispensary called Change.

“We do have a state of Washington business license,” Madison said. “It seems kind of weird that the state of Washington says we can be in business but the city says we can’t.”

The Washington State Medical Marijuana Act became law after voters in 1998 approved Initiative 692. The law allows physicians to authorize — but not prescribe — use of marijuana for up to 60 days for a list of conditions including glaucoma, AIDS, cancer, chronic pain and nausea.

The Washington Administrative Code specified that patients can possess a 60-day supply of 24 ounces of marijuana. The law also allows patients to grow 15 plants.

Nonprofit medical marijuana dispensaries operate statewide. Madison said he and Panagos want to start what they claim would be the first for-profit storefront medical marijuana dispensary in Washington.

Susan Connor, owner of the office building the men would like to lease, said it’s unfortunate the city rejected their application.

“They’re not asking to run a speakeasy,” she said. “It’s a medical facility.”

She said she recently lost two tenants because of the recession and needs to replace the lost income.

“I need tenants,” she said. “My property taxes were still due on the 31st of October. It’s hard finding tenants right now and I think this a great thing, because it’s a medical use.”

Madison said he has a doctor’s OK to use marijuana for chronic pain, stemming from a motorcycle accident. Before he began using marijuana for the pain seven years ago, he’d been prescribed various painkillers, including morphine, which he said left him unable to function.

Marijuana, he said, allows him to have a normal life.

“Without it, I don’t sleep,” he said.

Panagos said he also has medical authorization to use marijuana for chronic pain and nausea. He said he switched to marijuana after being prescribed a variety of painkillers.

“Having all the nausea and everything else, I pretty much had an allergic reaction to all the painkillers,” he said.



Oscar Halpert: 425-339-3429, ohalpert@heraldnet.com.

COMMENTS

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City Council's Hands Are Tied, Legal Action Would Shed Light on Insufficient Legislation
The city council really didn't have any other options, since the state law is insufficient to regulate cannabis in any way other than to limit the amount each patient can have.

Our State's medical marijuana law only protects patients and their caregivers AFTER they've been arrested, by giving them a positive defense. It doesn't really regulate or demand quality control of any kind. It also allows for sick people to be arrested for valid use, and gives those without a valid medical reason a way to play the system designed to actually help people in dire need.

That said, I support the objective of these businessmen to change the law to actually help patients in need.

Decrease drug related crime & bring law-abiding marijuana customers into the area that will spend money at other local MLT businesses sounds like a bad idea to you? If only the city council had that option, but the state law doesn't allow it.

Hopefully, this litigation will bring attention to the lazy lawmaking that still leaves sick people in the pathway of prohibition enforcers while making little impact on the criminal black market.

I know people with conditions which Medical Marijuana helps, and their options are either 1) learn to grow their own or 2) buy from the black market. There is no reputable & regulated alternative available under our current policies.

Whether you feel all warm and fuzzy about dispensaries or not, the statistical evidence from areas where they've been established shows that crime rates decrease and other businesses around them flourish.

With the exception of the occasional dispensary robbery, there is no evidence to show an increase in crime with direct connection to medical marijuana dispensaries. No more so than any other pharmacy.

http://www.safeaccessnow.org/article.php?id=4339

Angela C | Nov 16, 2009 1:40 pm | 0 replies | Request removal

Post reply

KUDOS
Kudos to the city for taking the position they have. After all the work they have done to improve their city over the years, they don't need to compromise now. Mountlake Terrace doesn't need to be known as the city with a "drive through dope dispensary".
Points Tofacts | Nov 15, 2009 11:23 am | 2 replies | Request removal

Post reply

Re: KUDOS
You are a ******** idiot.Stupid moron eek
Ron Hanks | Nov 15, 2009 6:15 pm | Request removal
More mature reply to KUDOS
The city council really didn't have any other options, since the state law is insufficient to regulate cannabis in any way other than to limit the amount each patient can have.

Our State's medical marijuana law only protects patients and their caregivers AFTER they've been arrested, by giving them a positive defense. It doesn't really regulate or demand quality control of any kind. It also allows for sick people to be arrested for valid use, and gives those without a valid medical reason a way to play the system designed to actually help people in dire need.

That said, I support the objective of these businessmen to change the law to actually help patients in need.

Decrease drug related crime & bring law-abiding marijuana customers into the area that will spend money at other local MLT businesses sounds like a bad idea to you? If only the city council had that option, but the state law doesn't allow it.

Hopefully, this litigation will bring attention to the lazy lawmaking that still leaves sick people in the pathway of prohibition enforcers while making little impact on the criminal black market.

I know people with conditions which Medical Marijuana helps, and their options are either 1) learn to grow their own or 2) buy from the black market. There is no reputable & regulated alternative available under our current policies.

Whether you feel all warm and fuzzy about dispensaries or not, the statistical evidence from areas where they've been established shows that crime rates decrease and other businesses around them flourish.

With the exception of the occasional dispensary robbery, there is no evidence to show an increase in crime with direct connection to medical marijuana dispensaries. No more so than any other pharmacy.

http://www.safeaccessnow.org/article.php?id=4339

Angela C | Nov 16, 2009 1:25 pm | Request removal
Economic Boom!
These retail outlets for medical medicine are a boom for our local economy and a savoir for American Agriculture.

This market, controlled like a pharmacutical could create billions of dollars in Gross domestic product, by average hardworking farmworkers. Farmers would do well and make lots of money-- then they would invest their money, and when the farmers do good everyone does good.

Goodbye Boeing - ----- Welcome the green industry.

m l | Nov 15, 2009 8:52 pm | 0 replies | Request removal

Post reply

Legalize marijuana
It is outrageous that a society which values personal freedom and grants individuals the right to own firearms would prohibit the production and consumption of marijuana.

If you drink alcohol or smoke cigarettes and oppose the legalization of marijuana, you are a hypocrite.

G Becker | Nov 15, 2009 8:01 pm | 0 replies | Request removal

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