Pubdate: Wed, 13 Jan 2016
Source: Columbian, The (WA)
Copyright: 2016 The Columbian Publishing Co.
Contact:  http://www.columbian.com/
Details: http://www.mapinc.org/media/92

MARIJUANA TUG-OF-WAR

The opening of a local marijuana shop brings up some interesting 
issues surrounding the sale of the drug in the state.

Yakima resident John Larson recently opened Sticky's Pot Shop in 
Hazel Dell, which is an unincorporated portion of Clark County. This 
violates the county's moratorium upon marijuana businesses, which 
were approved statewide by voters with passage of Initiative 502 in 
2012. Larson, who previously had lost a court challenge against the 
county's moratorium, applied for a certificate of occupancy for a 
store that would sell "novelties, crafts, collectibles and general 
merchandise."  There was no mention of marijuana on the application.

Larson's subterfuge would seem to dispute what he told Columbian 
reporter Katie Gillespie when the issue came to light: "I have no 
desire whatsoever to antagonize the county. I have respect for the 
rule of law."  Yet the issue highlights Washington's continuing 
tug-of-war with the implementation of legalized recreational marijuana.

Several courts have ruled that the initiative allows for individual 
jurisdictions to prohibit marijuana businesses, and state Attorney 
General Bob Ferguson has noted that the measure "could have said, 
"'All local jurisdictions must provide for the sale of marijuana.' 
"  It doesn't. I-502 was rejected by Clark County voters by a narrow 
margin - 50.3 percent to 49.7 percent - and in 2014 the county became 
one of the jurisdictions to prohibit marijuana businesses.

That is where the legal wrangling becomes interesting. While a single 
sentence in the ballot measure could have prevented local 
prohibitions, it also would have cast doubt upon the legality of 
recreational marijuana in the state. Because marijuana remains 
illegal under federal law, blanket approval would have pitted state 
law against federal law. As Ferguson explained to The Columbian 
Editorial Board in 2014, if all cities or counties were forced to 
allow marijuana-related businesses, those jurisdictions could argue 
that federal law should prevail, and that would be a "serious threat 
to the legalization of marijuana in this state. It doesn't merely 
invite the federal-exemption argument, it makes it inevitable." 
Federal law would almost certainly triumph in such a dispute.

Meanwhile, questions remain about how Larson managed to slip his 
permit request past county staff. Paul Scarpelli, Clark County's code 
enforcement manager, said: "He knew what he was doing. He was not 
being honest."  County officials are taking steps to force Larson to 
shut down his shop and vacate the premises, and Scarpelli said he has 
urged permitting staff to ask more questions of entrepreneurs about 
what kind of business they plan to open - a step that clearly is necessary.

It would be much simpler if county councilors would approve marijuana 
businesses, as have officials in Vancouver and several other cities 
throughout the county. And there are strong arguments to be made that 
the federal prohibition on marijuana is unduly punitive and costly 
and should be overturned. But in upholding the vote of local 
citizens, county officials are within their rights to enforce a 
moratorium. When Larson sued Clark County in Cowlitz County Superior 
Court, the judge echoed the opinion that I-502 does not override a 
local governments' authority to ban marijuana growers and retailers.

All of this contributes to a labyrinth of legal opinions that have 
come with the implementation of legalized recreational marijuana 
throughout Washington. Larson's actions in opening a shop appear to 
be disingenuous and devious, but they have managed to raise some 
interesting questions.
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MAP posted-by: Jay Bergstrom