The city of Tacoma has decided to crack down on its medical marijuana dispensaries. There’s an ongoing debate about the legality of dispensaries in this state, and Chris Legeros explains it well right here:
The city’s claim, detailed in a letter sent out to the co-ops last week, is that the co-ops are acting illegally by dispensing marijuana to more than one person. The city claims that under state law, a designated provider of medical marijuana can only help one patient at any one time.
“…In these businesses, that’s not the case; it’s a business supplying it to many patients,” said Rob McNair-Huff a city spokesman.
But Jay Berneburg, a lawyer for The C.O.B.R.A. Medical Group, one of the co-ops targeted by the city, has disputed that claim and said the co-op is complying with both the letter and the intent of the law.
Every patient who comes in to C.O.B.R.A. signs a form designating C.O.B.R.A. as their provider, Berneburg said. After receiving their marijuana, the patients immediately sign the form again, removing C.O.B.R.A. as their provider.
“And that means the designated provider who can only be a designated provider to any one person at a time is now available to be somebody else’s designated provider,” Berneburg said.
Dispensaries around the state have been relying on this creative interpretation of the law in order to operate, but after a review, Tacoma warned eight such establishments in the city that they’re breaking the law and will be shut down. In response, there’s a rally planned this evening outside the Tacoma City Council meeting. I’m planning to head down there shortly and might update this post later with additional info and/or photos.
UPDATE: There are about 100 protestors here, along with some news media. I spoke briefly with James Lucas from Tacoma Cross, a dispensary that opened in April and is under threat of shutdown.
His employees are here wearing their corporate logoed shirts. Lucas tells me that he’s licensed with the city to operate his business and he pays all federal, state and local taxes required of any business.
UPDATE 2: There are now roughly 200-250 protestors here and it appears that their presence has made a difference. Douglas Hiatt and other patient representatives just came out of the Tacoma Municipal Building and it appears that the city will allow the dispensaries to continue to operate until the legislature has an opportunity to fix the law in the next session.
UPDATE 3: The Weekly Volcano has a short write-up and photos here. Here’s a photo that I took from the rally:
It’s sad to see that the city is being such jerks about things, but I guess they’re getting pressure from some external force that they can’t ignore. One day, marijuana will be legal: it’s just a matter of time. 70 years of Prohibition will come to an end.
Thanks for the update, Lee!
I drew a Tacomic about this!
http://comics.feedtacoma.com/t.....-cannabis/
well sort of.
I’m afraid that Jay’s interpretation of the law may be wrong. Even if a provider and a patient arrive at a temporary agreement at the point of sale, I suspect that the provider’s grow operation is not protected without an agreement in place while she is cultivating the plants. It seems to make more sense to cut enough long-term deals with different patients to cover the 15 mature plant per patient limit while they are growing. This arrangement doesn’t seem to invalidate a temporary agreement.
@3
I think you’re right. The law – as written – really isn’t on the side of the providers here. What they’re asking for is to have Tacoma city officials recognize the spirit of the law. Without dispensaries, patients won’t get their medicine.
This whole marijuana is medicine meme, gives me an idea:
Initiative 1111: The medical ethanol (ME) initiative: We propose to legalize the sale of medicinal booze and pot for sales in pharmacies.
ME Background:
THC, the major effective molecule in pot, of course, is a prescribeable drug known as marinol. Marinol has all the known beneficial effects of marijuana. THC, of course, can now be sold by ANY pharmacy. But Bartell’s just can’t sell the veggie kind. Many patients prefer their THC in the leafy form.
Alcohol is the major effective molecule in booze. Alcohol also has medicinal uses and the pure form, ethanol, can be sold by the same pharmacies to patients with a prescription.
So …
the answer is obvious … we should authorize pharmacies to sell both molecules, THC and ethanol (“alcohol”) in BOTH their pure forms AND the impure forms (booze and pot).
So, Lee’s poor afflicted pot needing patients would join forces with the probably larger group of patients who want their medical ethanol in a Smirnoff bottle.
Slogan: YES on ME!
A longer version of this proposal is posted at The-Ave.us
F u SJ.
@7
Same to you, but I suggest you violate Christine O’Donnell’s rules and do it to yourself!
BTW,
Alcohol is a pretty good medicine for a lot of uses. Not to bad a backrub either.
Given the problems caused by alcohol’s Prohibition, isn’t it about time we realize that marijuana is not going away, people will want to enjoy it, and it’s readily available in the illegal market. Let’s end Prohibition on marijuana and stop living in the past.
Every patient who comes in to C.O.B.R.A. signs a form designating C.O.B.R.A. as their provider, Berneburg said. After receiving their marijuana, the patients immediately sign the form again, removing C.O.B.R.A. as their provider.
Every patient who comes in to C.O.B.R.A. signs a form designating C.O.B.R.A. as their provider, Berneburg said. After receiving their marijuana, the patients immediately sign the form again, removing C.O.B.R.A. as their provider.
Is that a lawyer’s trick, or what?
@9
Lets see what happens with 1100. If it fails, I would LOVE to see a redraft that included authorization of the same store that sell Jim Beam to sell BC Bud!
@12,
Fair enough!!
I drew a True Grit comic about this:
http://www.flickr.com/photos/j.....053316919/