City Council OKs medical marijuana collective gardens in northwest MLT

By Doug Petrowski

The Mountlake Terrace City Council approved an ordinance that allows for medical marijuana collective gardens to be established in the Light Industrial/Office Park-zoned areas in the northwest corner of the city. The ordinance, passed 7-0 by the council Monday, takes effect on June 16.

With passage of the ordinance, collective gardens serving up to 10 patients will be allowed in the specific area but will be restricted to indoor operations, in the number of plants allowed, subject to annual building and safety inspections, and various other regulations. There are also 500-foot buffer zones from the Interurban Trail and some recreational facilities in the area where collective gardens will not be allowed.

The council approved the plan following a 20-minute Executive Session to presumably discuss the public comments made by Bothell resident David Newman and attorney Hilary Bricken. Newman had testified that the city’s proposed area for collective gardens did not include any parcels where owners or landlords were receptive to their properties being utilized for growing medical marijuana.

Newman said he had contacted many of the leasing agents managing buildings in the proposed zone. “Out of all the property there, I received absolutely no takers on allowing a collective within those buildings,” said Newman. He did say he found one property owner willing to lease space for a marijuana grow operation; it was nearby, but outside the city’s proposed area for collective gardens.
Newman urged the city to modify their proposal to include the parcel of the property owner open to leasing for the purpose of a collective garden.

Bricken conceded in her public comments that cities have “immense discretion” for regulating medical marijuana grow operations, but the City of Mountlake Terrace’s ordinance “doesn’t provide meaningful access.”

“I recommend strongly that you take into consideration either David Newman’s alternative plan or send this back for revision in order to really establish meaningful access,” Newman added. “Because if you do not, I have been in this situation enough times to know, whether it is me or another lawyer, litigation is a possibility.”

Following the public hearing, Council member Rick Ryan attempted to begin a discussion with the council concerning a modification of the proposed ordinance in order to include the property Newman believes he can lease for a collective garden, but instead the council went into Executive Session, returning 20 minutes later to pass their original proposal.

When asked following the meeting what his next steps might be, Newman answered, “I will have to get together with Hilary (Bricken) to discuss it.”