Washington state voters decriminalized recreational marijuana use by approving Initiative 502, but counties and city governments have made it difficult for the Liquor Control Board to allow marijuana businesses by prohibiting it within their own boundaries. The result is a clash of power, which raises the question if small governing bodies are legally able to prevent those attempting to conduct marijuana businesses within the scope allowed by the initiative.
Washington State Liquor Control Board Chairman Sharon Foster requested a formal analysis of the issue from Attorney General Bob Ferguson.
In addition to the traditional bans and moratoriums, like those seen in Bonney Lake and Sumner, Foster inquired as to whether land use regulations and business license requirements could be used to make conducting such businesses impractical, if not entirely illegal. The attorney general’s analysis of the law pointed to yes, on all counts.
Ferguson’s formal opinion on the matter is as follows:
1. Initiative 502, which establishes a licensing and regulatory system for marijuana producers, processors, and retailers, does not preempt counties, cities and towns from banning such businesses within their jurisdictions.
2. Local ordinances that do not expressly ban state-licensed marijuana licensees from operating within the jurisdiction but make such operation impractical are valid if they properly exercise the local jurisdiction’s police power.
As the law currently stands, Foster said she is concerned local bans will enable the illegal drug market to thrive in those areas and subsequently impact the state revenue expected from approving Initiative 502.
Rep. David Sawyer, D – 29th Legislative District, recently sponsored House Bill 2322. If enacted, the bill would prohibit local government from impeding the operation of recreational marijuana businesses. By doing so, advocates hope to improve public safety and effectively implement a law that was approved by voters.
“The legal opinion will be a disappointment to the majority of Washington’s voters who approved Initiative 502. We’re not yet sure how this opinion will change the implementation of the initiative. We have already been working with local governments, legislators and the governor’s office on this issue and will continue to do so,” Foster said.
Pierce County Councilman Dan Roach, R-District 1, said he is disappointed in the heavy handed solutions proposed by state government and called their efforts “bully tactics at its worst.”
The county council has considered seeking federal court ruling to secure their rights, he said.
“I was pleased with the recent Attorney General opinion on Initiative 502. It reaffirms Pierce County’s ability to regulate marijuana in unincorporated areas as local elected representatives see fit. The ruling confirms that the initiative allows for local control. It also strengthens Pierce County’s position legally and will help to thwart any potential lawsuits,” Roach said.
Roach, who was selected as Pierce County Council chairman Jan. 14, said he appreciates the opportunity to serve. In addition to I-502, Roach said he plans on addressing several issues in his newly appointed position this year.
Local shoreline management and the county revenue jail shortfall seem to top his priority list. He also said he hopes to emphasize public safety without increasing taxes.
