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Published on Wednesday, April 2, 2014

Washington Court of Appeals sides with Kent in lawsuit over banning collective gardens

The Court of Appeals unanimously affirmed that the City of Kent has authority to prohibit medical marijuana collective gardens. 

In June of 2012, Kent passed an ordinance banning medical marijuana collective gardens. Those challenging the ban argued it violated state laws that regulate medical marijuana. Last October, King County Superior Court upheld Kent’s ban on medical marijuana collective gardens. The case went to the Court of Appeals who published an opinion on March 31, stating that Kent acted within its authority and is permitted to enact the ordinance prohibiting collective gardens. 

According to Kent’s Acting City Attorney, Pat Fitzpatrick, “This case is as much about a local jurisdiction’s legislative authority as it is about medical marijuana. What may be right for Seattle may not be right for Kent, or other Washington cities or towns that face unique challenges.”

This case pertains only to medical marijuana and appellants have 30 days to file an appeal with the Washington Supreme Court. 

AWC will continue to follow the issue and report any updates.