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For Banning Pot Businesses
Pubdate: Sun, 15 Dec 2013
Source: Seattle Times (WA)
Copyright: 2013 Yakima Herald-Republic
Contact: http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Author: Mike Faulk, Yakima Herald-Republic
FOR BANNING POT BUSINESSES
With a proposed ban being drafted for City Council approval, the city
of Yakima is already making its case that the state can't force
localities to welcome marijuana businesses.
A 17-page letter has been sent by Yakima legal staff to the state
Attorney General's Office outlining the city's stance on opting out
of the law, which its authors say is not an option under Initiative 502.
The marijuana law was approved by voters more than a year ago, and
some elements are already being implemented, such as reduced
penalties for public consumption and a legal amount an adult can possess.
State and local law enforcement already are adhering to those parts
of the law, but a fight looms in more conservative parts of the state
over whether local jurisdictions must allow the legal sale of
marijuana and products infused with THC, pot's active ingredient.
The Attorney General's Office asked Yakima and other local
governments for feedback as it prepares a formal opinion on the
question, which was posed by the Washington State Liquor Control
Board (WSLCB). The Attorney General's Office intends to hand down the
opinion early next year.
In the letter, City Attorney Jeff Cutter said the case for banning
marijuana businesses is based on the landuse regulatory authority
that local jurisdictions have under the state constitution. Cutter
also says that while the law establishes a maximum number of retail
outlets to be assigned to counties, it doesn't specifically apply to cities.
"This section does not, by its terms, limit the ability of a city to
impose zoning restrictions on the location of such establishments,"
Cutter wrote.
The city also points to the Liquor Control Board's own lack of
interest in addressing local ordinances as an example of the state
recognizing the city's zoning authority.
"In short, issuance of a license by WSLCB does not constitute
approval of a marijuana production, processing, or retail facility at
a location banned by the city," Cutter wrote.
In late November, the Yakima City Council voted 4-3 to have its
attorneys draft an ordinance prohibiting the growing, processing and
retail sale of marijuana within the city limits. The city also has
imposed a six-month moratorium for such businesses, although none are
expected to open in the state until May or June at the earliest.
Council members Micah Cawley, Kathy Coffey and Sara Bristol opposed
drafting a ban, but the motion passed because Councilwoman Maureen
Adkison, who had sided with those three in October, changed her
position. Also voting for the ban were members Rick Ensey, Bill Lover
and Dave Ettl.
The council argued about the implications for the area's youth if
marijuana could be bought legally, but the dominant question in the
debate was what liability the city might face if it does or doesn't
allow marijuana businesses to open.
The City Council likely could approve a ban before the Attorney
General's Office issues its opinion. Regardless of the state's
opinion, it also would remain possible for anyone who is issued a
state license for a marijuana business located in the Yakima city
limits to legally challenge a ban.
The state has capped the number of retail licenses at 334 across
Washington. The Liquor Board plans to issue up to 14 in Yakima
County: five in Yakima, one each in Selah, Sunnyside and Grandview,
and six for at-large sites. There is no limit on producer and
processor licenses.
Four entities have applied for marijuana licenses in Yakima so far,
but only one application is for a retail location. The license
application period closes Dec. 20.
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MAP posted-by: Jay Bergstrom