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LCB Finally Requests Attorney General’s Opinion Regarding Creeping Municipal Cannabis Prohibitions

There is no “opt out” provision for municipalities under I-502

LCB Staff Doing Final Homework For Key Legal Question About Municipal Prohibitions

Today during their management team meeting the Washington State Liquor Control Board (LCB) management staff team took another step toward clarifying a growing concern for I-502 businesses; the spreading municipal prohibitions. LCB board members Marr and Foster participated in the discussion. The formal question will be asked of Washington State AG, Ferguson, to clarify that there is no “opt out” provision for municipalities under I-502. Without an “opt out” provision, what authority do municipalities use to block a state approved activity? Many cities and some counties have or are considering prohibiting one or all of the three activities under I-502 Washington State’s recreational cannabis use law. Some cities have blocked growing, processing and retailing of cannabis under I-502. Most of the cities claim they need time to sort out the implementation rules of the LCB.

Alan Rathbun, LCB legal staff is finalizing the formal AGO request for LCB chair Sharon Foster’s signature.

Washington Attorney General’s can issue either an informal opinion or a more formal Attorney General’s Opinion.

The action shows building concern about the patchwork quilt of prohibitions across the state. If left in place these sometimes arbitrary stoppages will have an impact on the state’s 502 operations and in turn, any revenue anticipated from it.