WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

Marijuana: Who makes the rules?

marijuanaA city library in Washington state can’t bar you from bringing your gun inside the building – but can a city prohibit you from opening a retail marijuana store 1,001 feet away?

That question seems likely to be raised soon, for resolution in either the courts or the Legislature.

It’s legal under state law to carry a gun, and it soon will be legal under state law to sell marijuana at a state-licensed store (though not within 1,000 feet of a library, school, child-care center or public park). With guns, state law is clear on the ability of local governments to impose tighter restrictions than what the state establishes. But with marijuana, not so much.

The issue of local regulation of guns popped up again when the board of the Seattle Public Library last month removed its long-standing ban on firearms in its libraries. The board’s action was just a recognition of the legal reality that rendered its ban unenforceable in any case.

That reality was underscored by the success of a lawsuit challenging a 2008 rule adopted by the city of Seattle to ban guns from parks and community centers.

In that case, the courts pointed to a provision of state law that explicitly pre-empts the authority of local governments to regulate firearms.

In the brave new world of legalized marijuana, created by voter approval of Initiative 502 in 2012, the boundaries are less distinct.

And even though no pot shop has opened yet, local governments across the state are testing the limits of their authority, approving moratoria and other restrictions on marijuana-related activity.