“Our preference would be that implementation of I-502 would not require litigation, but we will go to court if necessary,” ACLU’s Alison Holcomb said. The initiative specifically gives the Liquor Control Board, in determining the number of stores per county, the task of providing ‘adequate access to licensed sources … to discourage purchases from the illegal market.’ It’s hard to see how allowing counties to ban stores outright doesn’t directly conflict with state law.” The preemption provision in our state controlled substances act specifically provides, “Local laws and ordinances that are inconsistent with the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or municipality.” RCW 69.50.608. Our new state marijuana law specifically requires the Liquor Control Board, in determining the number of stores per county, to provide “adequate access to licensed sources … to discourage purchases from the illegal market.” RCW 69.50.345(2). It is inconsistent with this state law requirement to allow counties to ban stores entirely. blog.seattlepi/marijuana/2014/01/16/aclus-holcomb-we-will-fight-city-bans-on-marijuana-businesses/#18853101=0
Posted on: Fri, 17 Jan 2014 16:37:08 +0000
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