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Published on Tuesday, October 21, 2014

Court Upholds Business Ban

On Friday, October 17, a second Washington state judge from Chelan County Superior Court ruled that nothing in Initiative 502 overrides local governments’ authority to regulate or ban marijuana businesses. This second case is the result of a lawsuit filed against the City of Wenatchee by SMP Retail over the cities ban on recreational marijuana sales. Wenatchee is one of dozens and cities and counties throughout Washington who have temporarily, or permanently, banned marijuana businesses.

In August, a Pierce County judge similarly upheld a ban in Fife. These two rulings are also in line with Attorney General Bob Ferguson’s opinion issued earlier this year. If courts continue to agree with the AGO opinion that I-502 does not require local governments to allow marijuana businesses, they will not need to decide in these cases whether federal law preempts I-502. This allows I-502 to continue to be implemented.

Categories: Marijuana