White Center Now: The blog about White Center

By Deanie Schwarz
Reporting for White Center Now

When the North Highline Unincorporated Area Council held its monthly meeting on Thursday evening before a large audience, the two current issues which dominated were the three known medical marijuana dispensaries which have appeared in the unincorporated area of North Highline and the proposed elimination of the ongoing “contract” between King County and the existing six Unincorporated Area Councils.

This report focuses on the first topic, with another story to come: Councilmembers queried Captain Hodgson from the King County Sheriff’s Office and King County Council 8th District Representative Joe McDermott, who each provided insight and as much known information as was available on both areas of concern.

On medical marijuana, the theme seemed to be that authorities are taking a “cautious approach.”

King County Sheriff’s Office Capt. Hodgson provided his monthly updates to the group which will be provided later, but the bulk of his participation was addressing the questions from the council and audience who were seeking clarity on KCSO’s stance toward the three currently known dispensaries, White Center’s Herbal Legends, Green Piece (GAME Collective), and Top Hat’s Cannabis Oasis, which have each opened their doors within the last two weeks.

Hodgson prefaced his statements by saying that KCSO is taking a baseline cautious approach. “The fact of the matter is [these operations] may be completely compliant with the law. I am commenting here because of the public outrage we have received as a police department, but the fact is that we may get in there and find out they are not violating any public law. If that’s the case, we’re going to have to learn a bit of tolerance,” he said. But, he says, “We will come up with a strategy – I don’t know that it will be tomorrow though. But the Prosecutor’s Office and the Sheriff’s Office are not secure in breaking down doors because of the lack of clarity in the law.”

That grayness of the current state law regarding medical marijuana was brought up repeatedly as different angles on the gaps the medical marijuana initiative (approved by state voters in 1999) has created. Of great concern to the group was public safety and the impact on economic development for the fragile North Highline community which does not have the oversight of city governance and, because it is in the unincorporated area of King County, has less restrictive if not different business and land use licensing requirements than those areas which are incorporated. Two weeks ago, Governor Gregoire partially vetoed Senate Bill 5073, which was recently approved by the legislature to regulate medical marijuana enterprises. A special session is currently in progress and a new bill is reported to be in progress. Neither Hodgson nor McDermott had seen it.

The community members, law enforcement, licensing agencies and the “dispensaries” themselves must negotiate what is current law and its interpretations as the proposed Olympia legislation moves through that process which could, potentially, result once again in a veto by Gregoire. In the meantime, Hodgson says, “We’ll have to work in partnership with the Prosecutor’s Office and possibly DDES and maybe even the federal government to figure out what the best approach is. We’ve established that the security in those businesses far exceeds anything else in the area. Our problem is we have to get in there to see what is going on to determine what law or what part of the law they might be violating in order for us to make arrests or even to get into the building on a search warrant. Cities and other localities have had good luck with fighting these places with the licensing requirements, but as we’ve said, we don’t have the licensing requirements here in North Highline.”

When some spoke to their concern that the citizens of White Center are being forced to deal with the lack of licensing requirements from the County, Hodgson pointed out that KCSO would be working with DDES on this and if the process with the dispensaries is anything like Club Evo’s licensing saga, DDES will probably give them a chance to apply for a license. But, he went on to say “DDES has notified us that as far as they are concerned, these businesses are illegal, so I don’t know where that puts them with that application process.” The seemingly dead end regarding County licensing was not lost on Councilmember McDermott, who also encouraged all to contact their legislators:

The notion of King County imposing a moratorium on any such businesses was brought up by Diana Toledo, who ran for King County Council last year and has said she will run again this fall. McDermott agreed that if the legislation does not get approved with more enough guidance, that he believes the County Council will look at a moratorium. Toledo said, “ I am hoping that it isn’t going to be the case here in White Center, but I’m thinking back to other local cities who did not have moratoriums on certain entertainment establishments such as strip clubs and strip malls. It makes you think of the secondary negative effects for those communities… What happens inside the closed doors of a private club isn’t necessarily my concern, but those establishments spilled out on to the streets and affected the kids with drug use and prostitution and other things of that nature. And that’s where the communities have had huge concerns with it.”

Continuing, Toledo said “With the current lack of a moratorium, and as long as it might take for the Sheriff’s department to sort out what they are going to do, and determine what’s legal or not, there could soon be 50 of them here. Especially if they know they are going to be soon [declared] illegal or that there a future moratorium is coming – that’s when they spring up. I would just encourage you (CM McDermott), based on what we have learned from other establishments and cities that have targeted these types of neighborhoods that are desirable because of the low rent to consider a moratorium. Now, I don’t know for sure and I haven’t looked at the issue until Mr. Johnson suggested it. But I would encourage you to take a look at it and see what is really preventing the County from immediately following suit with the other cities [which have imposed moratoriums].

Hodgson addressed the question of the Green Piece/GAME lounge and whether patients/customers will potentially be at risk of endangering themselves or others if they are under the influence of cannabis when they leave. The lounge provides marijuana to properly papered patients, but also encourages smoking of marijuana and socializing on the premises, as well as prepares and serves THC-infused food (medibles). Vendors of the medible products at an event at Green Piece had previously told WCN that they do not condone driving cars after consuming the food and were concerned that the lounge may not have policies addressing overuse or consumption of marijuana given the environment the lounge is providing. The vendors said that when THC is digested, the effect is slower to induce the therapeutic effect but also is metabolized much slower and is a more body-relaxing “high” which is significant enough to warrant not driving an automobile.

Capt. Hodgson explained, “The burden of proof on a DUI, whether it is alcohol or drugs, is proving that the driver is impaired.” WCN had also been told by Capt. Hodgson and Capt. Beutschli that Drug Experts are available at KCSO who can identify the markers of drug impairment in an individual and could potentially be called in if an individual is suspected.

The Department of Health, which oversees licensing of food businesses, says on its website that medical marijuana dispensaries are illegal businesses and therefore do not have regulations regarding them and any food they might serve. Some folks were not clear on how smoking could be allowed in a “medical” facility, but because the Green Piece lounge is a nonprofit “private” club, patients/members forego the right of a nonsmoking environment in public establishments.

“We have to remember that this law was approved by voters, not by a Council or a legislature. I do not think that this end result was foreseen. Certainly, I think most of the voters who voted yes on the ballot did not foresee this and now have regrets. Of course, there are some who are pleased about it. But, there wasn’t enough foresight in that ballot measure to draw the lines [of what is allowed or disallowed],” said Capt. Hodgson.

What was not “foreseen” was reflected in the questions that came up but had few solid answers, and most will not until and unless the special session legislation addresses them, or potentially the King County Council and Executive act independently to address the permissive licensing requirements for unincorporated King County. The long list of concerns addressed the gaps including whether there will be a limit on the number of dispensaries allowed in certain areas. Hodgson said reiterated that KCSO has no authority for such determinations and that DDES would be the authorizing body.

Numerous additional questions were asked and comments made which may have to wait for legislation which may or may not arrive from Olympia: How can dispensaries, or any one for that matter, sell marijuana which is still illegal under federal law? (Sixteen states have medical marijuana laws which allow possession by authorized patients.) Others wondered how a nonprofit can operate and receive donations and write off expenses and how the state Department of Revenue and IRS address this by law for dispensary type businesses.

Again, no easy answers. (Part 2 of our meeting coverage is yet to come.)

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