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.
