Dear [City of Seattle Mayor’s Office],
Thank you for the invitation to participate in this meeting. Unfortunately, I will be in New York next Tuesday.
I am very concerned about the Mayor’s proposal to create a special, Seattle-specific ordinance purporting to regulate medical marijuana businesses.
The Washington State Court of Appeals recently determined that medical marijuana businesses are not legal. Cannabis Action Coalition v. City of Kent. The state Supreme Court accepted review of the decision last month. At a minimum, it is premature to contemplate licensing businesses deemed unlawful under state law. Absent action by the legislature in the upcoming session (which action I believe will be taken), it is the Supreme Court, not Seattle, that should first “[c]larify laws regarding medical marijuana for all involved including patients, dispensaries, processors, and law enforcement.”
Moreover, it is redundant to expend city time and resources considering regulations for collective gardens engaged in commercial activity (producers), dispensaries (retailers), and edible and concentrate product manufacturers (processors). Regulations for these entities already exist under state law. If those regulations are thought inadequate or inappropriate, amendment should be sought at the state level to avoid the possibility of litigation over conflicting state and local laws.
Thank you again for the invitation. I’m sorry I won’t be able to participate in the discussion. Hopefully, you’ll find these remarks somewhat helpful.
Best regards,
Alison
Alison Holcomb
National Director, ACLU Campaign to End Mass Incarceration
That case (Cannabis Action Coalition vs Kent) is up for review in the Supreme Court and the stay preventing Kent from closing down collectives is still in place.
http://scribd.com/doc/242578119