Jeremy Larson, meanwhile, called the ordinance “plainly inconsistent” with state law.
Superior Court judges across the state have found that local jurisdictions’ bans do not violate state laws. Larson sued Clark County in 2014, claiming that the county’s moratorium on marijuana retailers violated Initiative 502, the voter-approved measure legalizing recreational marijuana production and sales. The judge in that case held that I-502 does not override local governments’ authority to ban marijuana retailers, and three other Superior Court judges have offered similar rulings in four other cases. Larson is appealing his case.
Enforcement efforts
County code enforcement ordered Sticky’s Pot Shop on Jan. 11 to stop selling marijuana or face a $250 fine each day. There’s likely nothing more that code enforcement can do unless the Clark County Prosecutor’s Office or Acting County Manager Mark McCauley weighs in, code enforcement manager Paul Scarpelli said.
A successful marijuana shop, however, could likely absorb a $250 daily fine — $7,500 in a 30-day month — as a cost of doing business. Main Street Marijuana on Main Street in downtown Vancouver, the top store in Clark County, sold $1,336,604 in product and paid $494,593 in excise tax in December. But even a smaller store, The Herbery’s location on St. Johns Road, sold $254,663.07 of product and paid $94,225 in excise tax in December.
Larson’s store has not been so lucrative yet. In the two weeks after its quiet opening on Dec. 18, Sticky’s brought in $1,864 in revenue, $640 of which went to the state in excise taxes, according to the Liquor and Cannabis Board. January sales data are not yet available for Sticky’s. John Larson did not respond to requests Tuesday asking how the fine might affect the business. He said late last week, however, that stories in The Columbian and on local television stations have significantly boosted his business.