A formal opinion, given by Attorney General Bob Ferguson’s
office, has stated that local communities can continue to ban marijuana stores
from opening in their jurisdiction. This could put licensed growers and
retailers in a bit of a bind. After all, the State Liquor Control Board could
issue a license to a marijuana business and then that business could be refused
the local business licensing or other permits it would need to open.
Colorado is facing similar issues. In Colorado, local bans
have left some communities with marijuana businesses and some without.
Yet those who are for the ban, such as Dan Roach, Council
Chairman for Pierce County, are glad that their counties will be able to ban
marijuana businesses and “not expend taxpayer dollars to defend it.”
State Representative Chris Hurst, however, has argued that the
initiative pre-empts local action. He says that if the ruling holds it could
potentially ruin the whole legalized marijuana experiment for the entire state
of Washington.
Chris Hurst also says that I-502 will fail without pre-emption.
According to Hurst, a major county cannot rely on criminal distribution of
marijuana and then have licensed stores in the next county over.
Sharon Foster, Liquor Control Board Chairwoman, agrees
because the local bans will in effect allow the current illicit markets to
continue, while reducing the state's expectations for revenue that is to be
generated from the newly legalized marijuana market.
According to state law, cities and counties have the right
to decide their own regulations unless forbidden by state law and I-502 did not
address that issue.
There are two options looming to address this issue. Currently
under consideration is a proposal to threaten reluctant cities and counties
with loss of funding. The other option is to change the initiative; however,
that requires two-thirds supermajorities in the Legislature this year.
