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Published on Friday, June 2, 2017

Liquor and Cannabis Board issues decision on Kittitas County marijuana zoning question

On May 23, the Liquor and Cannabis Board issued a declaratory order on Kittitas County’s Petition for Declaratory Ruling. The County’s petition, filed on Feb. 17, 2017, asserted that the Board must consider local zoning regulations in its license review process and can only issue a license when an applicant is in compliance with local regulations. The Board rejected that argument and stated that local jurisdictions have the ability to determine whether to grant a local business license or any other required permits before a marijuana business may operate within its jurisdiction.

The declaratory order reads: “The Board finds that the provisions of RCW 36.70A.103 do not require that the Board determine that an applicant for a marijuana license is in compliance with all local zoning and land use ordinances prior to granting a license. The local jurisdiction has the ability to determine whether to grant a local business license and/or any required permits before a state-licensed marijuana business may legally conduct that business within the jurisdiction, and to enforce its own zoning and land use ordinances.” To read the entire decision, including the Board’s legal analysis, click here.

Categories: Marijuana