Lacey Cross, the Pacific Avenue medicinal marijuana establishment, was represented during its appeal by Seattle attorney Charles Moure. Moure argued that the City Council should reject the Lacey hearing examiner’s earlier decision to deny the business license.
Moure argued that Lacey Cross is in compliance with Washington’s medicinal marijuana laws.
“Lacey Cross was operating legally under Washington law,” Moure said.
Washington’s medical marijuana statute states: “The medicinal use of cannabis in accordance with the terms and conditions of this chapter does not constitute a crime,” and that qualified patients, or designated providers in compliance with the law “may not be arrested, prosecuted, or subject to other criminal sanctions …”
Said Moure, “The citizens of the state of Washington have voted to allow medical cannabis.”
Assistant Lacey City Attorney David Schneider argued against reversing the denial of a business license. He said that the city denied the license because of public-safety concerns.
In a letter to the council arguing the city’s position, Schneider takes care to note that the city “fully acknowledges and supports a qualifying patient’s right under State law to possess cannabis, a designated provider’s right under state law to provide cannabis …”
However, he also argued that the hearing examiner did not err when, in June, it based its decision to deny Lacey Cross a business license based on testimony by Lacey police officers that its presence would constitute a “safety hazard.”
Lacey Cross is one of five so-called “medicinal marijuana dispensaries” that were shut down in November during raids by the Thurston County Narcotics Task Force, with the assistance of the Drug Enforcement Administration.
Although police made 17 arrests at the five dispensaries, including several at Lacey Cross, no one has been formally charged with a crime as a result of the Nov. 15 raids.
According to a search warrant affidavit filed in federal court, undercover detectives with the Thurston County Narcotics Task Force “made numerous controlled buys” of marijuana from Lacey Cross during its investigation.
Thursday night’s hearing was packed with residents who supported giving Lacey Cross a business license. One woman said she needed medicinal marijuana for cancer. Some carried signs that read slogans such as “Don’t force patients into the black market.”
After the council’s ruling, Craig Burton, Thurston County coordinator for a pro-marijuana-legalization group, said, “I think the black market presents more of a public-safety hazard than any cooperative could possibly do.”
Moure said after Thursday’s hearing that he will consult with his clients before deciding whether to appeal the City Council’s decision to Superior Court.
Jeremy Pawloski: 360-754-5445
jpawloski@theolympian.com
