Despite being among the first states to legalize medical cannabis,
Washington state has backpedaled in recent years. Particularly, patients who
rely on cooperative gardens are not faring well, according to a document
obtained by
Ganjaprenuer through a Freedom of Information Act.
Washington’s medical cannabis system evolved for fifteen years following the
passage of I-692 in 1998. The system was founded on an innovation in cannabis
production known as Collective Gardens — these gardens were based on the old
adage “many hands make light work.” Under the state’s medical cannabis law,
patients could form a cannabis garden together and subsidize each other to produce
the sometimes large amounts of cannabis needed to treat some qualifying
conditions, such as cancer. This system was officially put into statute in
2011, but no regulatory framework ever emerged. Eventually, legislative
inaction led to a vast, unregulated network of collective gardens across
Washington. Some of these, but not all, would eventually make the leap into
brick and mortar storefronts — it’s estimated that there were once thousands of
these small businesses scattered throughout the state.
After last year’s merging of the recreational and medical markets, however,
patient collective gardens were phased out along with the majority of medical
cannabis shops. Under the new system, group grows are now known as “cooperative
gardens” — and though the name has only slightly changed, cooperative gardens
are very different from collective gardens. These new grows can include only
four patients or designated providers (down from the collectives’ limit of
ten). Participants also must be over age 21, registered on the Marijuana
Authorization Database, and must have obtained a medical cannabis recognition
card.
Patients are allowed to grow up to sixty plants per co-op, which must be
located at a member’s home. Lawmakers also added the barriers that no member
can live within one mile of a recreational cannabis store and all gardens are
subject to the same geographic restrictions regarding schools and playgrounds
as cannabis shops.
Cooperative gardens are required to track their cannabis from seed to
consumption, submit monthly reports, and agree to random home inspections by
the Liquor and Cannabis Board (LCB). According to the LCB, these inspections
can be held between the hours of 8 am and 8 pm and are legal under the 4th
Amendment and Washington’s statute.
According to the Freedom of Information request carried out by
Ganjaprenuer,
the number of cooperative gardens in Washington has been dramatically reduced.
The document reveals that only nine applicants out of fifty have been “Set
for Final Process.” Thirty-seven of the applications have been withdrawn, with
the reason for withdrawal listed as “Local Authority Restriction” or “Too Close
to a Restricted Entity”. The restricted entity type is not noted, which could
be a school, playground, or even a recreational cannabis store. Only eleven of
the withdrawals are from applicant request or documents not received. Four
applications are still in process.
Currently, there are only 36 patients out of 20,224 registered on the
Marijuana Authorization Database being served by these cooperative gardens.
That is only 0.02% of the registered medical cannabis patients in the state.
First publised at https://www.ganjapreneur.com/cooperative-gardens-not-faring-well-washington-medical-cannabis/ and published here with permission of the auther.
