Maple Valley City Council doesn’t have the authority to ban collective gardens | Letter

The Maple Valley City Manager is incorrect in his legal analysis regarding medical marijuana collectives.

The Maple Valley City Manager is incorrect in his legal analysis regarding medical marijuana collectives.

The city Council of Maple Valley needs to consider the following information before they proceed on any further council business on the subject of medical marijuana collectives.

The city of Maple Valley employees are protected by 885 d of the United State Controlled Substances Act, and they are not subject to federal charges for compliance with a Washington state law.

Furthermore, the Maple Valley City Council will not win a challenge to enforce federal law over Washington State medical marijuana laws.

The county of San Diego has tried that already and has failed, ending with the U.S. Supreme Court refusing to hear an appeal. Finally, the Maple Valley City Council does not have the state Constitutional authority to govern state general laws, and any ordinance would be subordinate to state general laws. The MSRC has excellent case law regarding home rule county charter that I think you all should make yourselves familiar with.

Please join me in Olympia to ask the Washington State legislature to hold state hearings to determine if marijuana has accepted medical use in the State of Washington.That is the next and only logical step.

Oregon v. Gonzales has held that medical practice is controlled by the states.

Washington State has said marijuana has accepted medical use.

Therefore, marijuana does not belong in Schedule I of the Washington State Controlled Substances Act, and should be removed from Schedule I and not placed in any other schedule until the government decides to schedule Caffeine.

This would remove the federal penalty and allow the legal operation of medical marijuana spice shacks.

 

John Worthington,

Kent