The Kent Municipal Court arraignment hearing for the medical marijuana business owners was waived Wednesday, Aug. 10.
According to Charles Lambert, owner of Evergreen Holistic Center, his attorney, Douglas Hiatt, entered a not guilty plea and court proceedings will be scheduled at a later date.
The Kent City Attorney filed misdemeanor charges Aug. 3 against Lambert, along with Deryck and Colamba Tsang, owners of Herbal Choice Caregivers.
According to a city release, the three were charged with “five drug counts (each) in violation of state law.” The charges listed in the release were possession of marijuana and drug paraphernalia, criminal attempt – possession with intent to deliver marijuana and criminal attempt – delivery of marijuana and conspiracy.
All the charges are misdemeanors.
The charges came about when Lambert and the Tsangs reopened their businesses July 25 after the city closed the businesses July 6 citing each were violating state law.
The city sent letters to four medical marijuana businesses in Kent June 3 informing them they were violating state law and requested each close.
July 6 the city served search warrants on the four, closing Evergreen, Herbal Choice and Suzie Q’s. Sun Leaf Medical Center was not closed because the business did not dispense marijuana.
The battle lines over the medical marijuana issue were drawn in May when Gov. Chris Gregoire vetoed portions of the Legislature’s bill allowing dispensaries and collective grows for medical marijuana.
According to City Attorney Tom Brubaker, the veto and remaining state bill addressing collective gardens created a legal jungle of ambiguity for the city and he recommended the City Council pass an emergency six month moratorium against medical marijuana collective gardens and dispensaries. The moratorium was passed July 5.
The issue is scheduled to go before the Economic and Community Development Committee in September.
Lambert said by phone Wednesday the Kent Police are releasing his computer and electronic equipment that afternoon, items that were seized during the July 6 search of his business.
As of Wednesday, Lambert, who is a candidate for Kent City Council, stated he was still operating his business. In a phone interview Aug. 3, Lambert said he was operating as an “access point for collective gardens.”
Herbal Choice was also open Wednesday for business as a collective garden.
The Covington City Council unanimously passed a one year emergency moratorium against dispensaries and collective gardens Tuesday.
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