The proprietor of a renegade marijuana shop in unincorporated Clark County is wrong on the law and misguided in his approach. And while the issue might still be winding its way through the process of decisions and appeals, officials should close the store as soon as legally possible.
The question is not a matter of the legality of marijuana or the county’s right to institute a moratorium on sales of the drug — those issues have been decided. No, the real issue surrounding Sticky’s Pot Shop in Hazel Dell is basic law and order, the premise that governing principles are essential in a civilized society.
In 2012, citizens approved the statewide legalization of recreational marijuana with 56 percent of the vote. But the language of the law left open the door for local jurisdictions to not grant licenses for marijuana-related businesses. That is what Clark County leaders chose to do for areas under their jurisdiction, and while one could argue that they are violating the will of the voters, the fact is that Initiative 502 was narrowly opposed throughout the county.
Several courts have affirmed that the law allows for such moratoriums. More important, this ability is essential for protecting legalized marijuana in the state. As state Attorney General Bob Ferguson has explained to The Columbian’s Editorial Board, federal law still prohibits marijuana use, and closing the local-jurisdiction loophole would pose 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 almost certainly would triumph behind such an argument.
One of the legal challenges to the county’s moratorium came from John Larson, who filed suit in 2014 in Cowlitz County Superior Court seeking to overturn Clark County’s moratorium. The judge in that case agreed with other rulings that I-502 does not override local authority to prevent marijuana businesses, and the case has moved on to appellate court. Not content to wait for a final ruling, Larson employed subterfuge to open his shop in unincorporated Clark County. Filing for a business license, he described his proposed store as a “general retail business” that would sell novelties, crafts, collectibles and antiques — with no mention of marijuana. The county approved the license, and Larson began selling marijuana.
This week, a Clark County hearings examiner found that Larson gave the county false information about the nature of his store, confirming its decision to revoke the business license. Larson can appeal that decision and told The Columbian, “I want to make clear that the issue is not with county staff, the issue is with the illegal ordinance that violates my right to operate.”
Except that it’s not. Several judges across the state have ruled in favor of local jurisdictions, including one specifically considering Larson’s case. That means the issue is about Larson’s status as a scofflaw whose actions are an affront to law-abiding citizens. Larson has chosen to ignore a law he disagrees with, even though a court has ruled against him.
Which brings up the question of what would happen if all citizens acted with such disregard for the law? What if some people thought traffic laws illegally prohibited their right to drive down the wrong side of the street? What if some people thought they should have a right to cut down trees in a city park?
No, the law is what separates civilization from chaos. And John Larson is on the wrong side of it.
