The city of Kent sent letters to two medical marijuana collective gardens and landlords of the sites that the businesses are operating illegally under a new city ordinance that bans the gardens.
“Your continued operation of your business constitutes a violation of the city’s zoning law,” reads a letter dated June 22 from Deputy City Attorney Pat Fitzpatrick. “In addition, your activities constitute a crime under federal law. The city hereby demands that you cease all activities relating to medical marijuana collective gardens and dispensing activities.
“In the event you fail to abide by the city’s zoning ordinance, the city may seek civil and/or criminal remedies in the courts. The city would appreciate your cooperation in this matter.”
Charles Lambert, owner of Evergreen Association of Collective Gardens, said he received the letter in the mail as well as a hand-delivered letter from the Kent Police. He still plans to keep on operating.
“It’s a little unbelievable in 13 months (since he opened) that they want to change their mind instead of working with me,” said Lambert, who added he received approval initially from the Kent Police to run his business. “They say it’s because of federal law. The city is not here to enforce federal law. States are allowed to have medical marijuana laws.”
The City Council voted 4-3 on June 5 to ban medical marijuana collective gardens because it believes the businesses violate federal law that lists marijuana as an illegal drug under the federal Controlled Substances Act. That ordinance took effect June 13.
State law allows medical marijuana use but the majority of council members decided the state law remains unclear about distribution of the drug and doesn’t want any medical marijuana businesses operating in Kent.
The city also sent letters to Deryck and Colamba Tsang. Deryck Tsang owns Herbal Choice Caregivers. That medical marijuana business shut down after the council passed the ban and a phone message June 29 stated the business remains closed because of the ban.
Lambert said he heard that Herbal Choice Caregivers might reopen its Kent location in early July.
The landlords of the two buildings that house the two businesses also received letters from the city that the collective gardens are not permitted in Kent.
Lambert said he wishes the city would back off from threatening to pursue civil or criminal charges against him.
“We should work together,” he said. “I’m not a criminal. I believe in what I’m doing. People think it’s a drug business. It’s not a drug business. I’m not a drug dealer.”
Lambert said the city uses the federal Controlled Substances Act as a reason for banning the medical marijuana businesses. But he said federal prosecutors have not gone after any city for issuing a business license to a collective garden or dispensary.
“I’m here to fight for my patients,” said Lambert, who promised to take the city of Kent all the way to the Supreme Court if necessary in order to remain open.
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