Woodland extends ban on collective pot gardens

Woodland — Woodland plans to continue its ban on collective gardens for medical marijuana at least through mid-February.

The city’s moratorium on the gardens was set to expire in early August, but the council voted Monday night to extend the ban for another half-year. Councilors acted on advice from the city’s attorney, William Eling, who said he believes the gardens remain illegal.

In 2011, the state Legislature approved collective gardens as a legal source of production for medical marijuana users. But the legal picture became hazy when then-Gov. Chris Gregoire vetoed a portion of the legislation that would have created a state registry for medical marijuana users and providers.

Meanwhile, Gregoire left intact another part of the bill that required users to provide proof of registration with a state registry. Many city officials, like Woodland Mayor Grover Laseke, interpreted that conundrum as effectively leaving collective gardens illegal, after all.

“There’s no way to know, if somebody is entering into a collective garden situation, if they have the authority to do that,” Laseke said.

Earlier this year, the Washington State Court of Appeals weighed in on the discussion in a case involving the city of Kent. The court ruled that cities have the authority to ban collective gardens and that, based on the conflict in the language of the law, collective gardens are still prohibited.

Laseke said the city will need to wait for more direction from the state before drafting a permanent ordinance on collective gardens.