Quincy bans pot, OKs alcohol sales at park

QUINCY - At least three city council members found irony in the council's decision to ban retail marijuana, but give a thumb's up to the sale of alcohol at a city park at Tuesday's city council meeting.

"I can't help but to think that it is hypocritical to allow alcohol sales at a city park but to ban the legal sale of marijuana," Dustin Petersen said, after the meeting.

"Alcohol is way worse than marijuana. How many accidents have been caused by smoking marijuana (versus caused by alcohol)," city councilmember Manuel Guerrero said.

Council member Adam Roduner said "The voters of Washington passed this law, and I think that we should respect their decision." He added there would be safeguards in place protecting children and the "entire thing would be heavily regulated."

Petersen, Guerrero and Roduner were the dissenters in a 4-3 decision to direct Quincy's attorney to draft rules banning retail marijuana in the city limits.

Petersen spoke in favor of allowing a retail marijuana shop only in industrial zoning areas of the city. That idea seemed to gain traction until councilmember Paul Worley agreed with his brother City Planner Carl Worley to ban the stores in Quincy.

The council's next decision was to give a go ahead to a beer garden in East Park. The council did not vote on whether to allow a church to sell alcohol there, but told their representative, Ricardo Ruesga, that they were in favor of it, giving numerous thumbs' up when asked for initial thoughts by mayor Jim Hemberry and directed him to bring a concrete plan back to the council ASAP for approval.

Pending legal questions

Councilmember David Day agreed with the four council members who voted to ban recreational marijuana sale.

"I personally do not feel comfortable allowing something that is against federal law," he said.

Councilmembers Paul Worley, Tom Harris and Scott Lybbert agreed with Day, citing hesitation to allow a federally banned activity in city limits. They also cited concerns of their church friends and co-workers who did not want retail marijuana in their town.

Last month, the city planning commission voted to recommend banning retail marijuana after the city council enacted a six-month moratorium on recreational marijuana sale.

According to an e-mail from Quentin Batjer, who works for the city attorney's office, to city planner Carl Worley, the Department of Justice issued a memo to all U.S. attorneys to not prosecute people who are abiding by state laws, even if those actions go against federal law. According to Batjer as long as the state has sufficient regulatory safeguards in place, which I-502 does, "enforcement of state laws by state and local law enforcement and regulatory bodies should remain the primary means of addressing marijuana-related activity."

Batjer also cited the 1970 federal Controlled Substances Act listing marijuana as a drug that has a high potential for abuse and lack of any accepted medical use.

For now the legal questions and social hesitations of the council will keep recreational marijuana shops out of Quincy.