Since the passage of Initiative 502, which legalized recreational marijuana use in
Washington state, several cities and counties have passed their own ordinances banning the growth and sale of the substance. Now it appears that at least one of those local governments will have to defend their ban in court.
The City of Wenatchee is being sued by SMP Retail – one of the companies that hoped to open a marijuana shop within the city limits before the ban went into effect. They claim that the city’s ordinance does not trump state law, which allows for the growth and sale of marijuana as long as the locations meet certain specifications.
Washington Attorney General Bob Ferguson issued an opinion earlier this year stating that local governments have the legal authority to issue these bans. AG Opinions are not legally binding, however, and SMP Retail believes they have a case.
The lawsuit is headed for Chelan County Superior Court. The outcome of this case could have serious implications for other municipalities which have banned the growth and sale of marijuana across the state.