5th Judge Rules WA Municipalities Can Ban Marijuana

Despite the fact that marijuana sales are now legal in Washington State, businesses can’t set up shop just anywhere.

The industry lost yet another court case after a judge ruled that Pierce County has the ability to ban recreational marijuana businesses, the fifth consecutive ruling that allows local municipalities to block the industry from taking root.

The ruling could lead to an appeal to a higher court.

Clark County and the cities of Kennewick, Fife and Wenatchee have all won court fights to ban sales after voters approved Initiative 502 two years ago.

The state attorney general has said that the law doesn’t prevent municipalities from banning cannabis companies, according to the Puget Sound Business Journal.

“As I have said from the beginning, the drafters of Initiative 502 could have required local jurisdictions to allow the sale of recreational marijuana,” Attorney General Bob Ferguson said in a release. “It could have been done in a single sentence, but it was not. Now it is up to the Legislature to decide whether to require local governments to allow for the sale of marijuana.”

5 comments on “5th Judge Rules WA Municipalities Can Ban Marijuana
  1. Jahpharmer on

    Dinosaurs, close-minded fossils with specious-based, antiquated set-in-concrete mind-sets seem hell bent on towing the ultra-(un)orthodox conservative minority’s line in the face of the will of Washington state’s voters. Same problem as we have down here in California…the f..k-s..t of all this is it only puts money into attorneys pockets that could better be spent providing low-cost MMJ and/or RMJ to low-income and fixed income Washingtonians.

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  2. derrec on

    You really could not of read what was going on could you… The AGO (attorney general office) is trying to uphold to will of the people. The drafters of I-502 did not put anything in it about local municipals being unable to ban RMJ. Dont blame the Attorneys, or the judge. Its the drafters of it and the local populace thats fighting it. We need to have them draft a new one, however with the wake up that all the close minded people pushing a new vote into action will prolly end up with it getting shot down completly.

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  3. passin on

    As I understand things ; in the united states corporate law overrules state/city law in that if you are a corporation wishing to do biz in a / the state/city and you are incorporated in a city / state that refuses your corporation doing biz is libel for all projected probable losses uncured “. as I UNDERSTAND IT ; under the ” uniform commerce law ” . a city must let a corporation do biz . Also as federal likely supersedes state law there laws prohibit state/city from imposing anti-corporate bans . a city can not legally stop legal hemp / cannabis/marijuana sales : I believe this is covered under 14th amendment. The ” uniform commerce law ” has been used to force factory farming where states and city’s try’d to stop corporate interest : ” the ” uniform commerce law ” supports corporate interest over public interest . In truth very few citys can afford the expense to pursue the losing court battle in federal court . research : the ” uniform commerce code ” . A state/city may regulate but not prohibit ; 14 amendment ‘ simply put a corporation has the right to do biz’ness , because the pubic voted ; the state/city must abide like it or not we the people over ride personal interest of city counsel members and we vote for recreational marijuana use hence they need to stand down from there positions for going against public will . vote wisely folks and vote for those who support and respect our interest , do not re elect those who go against the public will such as in this case.

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  4. Passin Threu on

    As I understand it ; because the united states has operated under the ” uniform commerce code ” sense we joined the ” empire of three city ” back in the 1870s and under that and the 14th amendment washington can not ban any corporation registered in Washington from doing bis hence legally citys in washinton or anyplace else in the usa can regulate but not ban …. any city that bans an incorporated shop from doing biz is libel loss damages . research : uniform commerce code & 14th amendment . stop the state of oregon from letting big ag’ such as monsanto from re-incorporating in oregon and do not re-elect those who sapport companys such as monsanto . many of our elected state representative do not have we our our states best interest in there agenda . think deeply before you vote.

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  5. Michael J. James on

    Do it now! Write letters, make calls, send emails, to our legislators in Olympia and request for the law to be rewritten because it’s ridiculous to have a substance legalized and have local municipalities Legislate because of the ambiguities in the law.

    Reply

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