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Washington State - Pierce County Executive Pat McCarthy has vetoed the County Council's ordinance that prohibits licensed marijuana businesses from operating until the U.S. Congress removes marijuana from the list of federally controlled substances. McCarthy said the county's ordinance conflicts with state law. She said the county must comply with state law, which permits the licensing of marijuana businesses. In a letter to the council released Monday, McCarthy said she has concerns about legal risks the council's ordinance poses regarding "federal authorization." She urged the council to "approve clear and well-defined zoning regulations that protect our neighborhoods."
"Yes, the state law is in conflict with federal law, but the U.S. Department of Justice in August announced it is not going to challenge the state law at this time," McCarthy said. "The county is an entity of the state, and we cannot pass an ordinance that is in conflict with the state." Council Chairwoman Joyce McDonald, R-Puyallup, said Monday the council will vote on Dec. 10 whether to overturn McCarthy's veto. An override requires five of seven council votes.
McDonald said the decision whether to legalize marijuana needs to be made at the federal level. McDonald said she supports an override. "Her concern is mostly about litigation," McDonald said. "I understand her concerns but I don't think we can overlook lightly federal law." The council adopted the ordinance Nov. 5 by a vote of 4-3. McDonald said she's not certain there will be five votes to support an override. The vote is scheduled for Dec. 10 so that a decision would take effect by the time the council's current moratorium on marijuana businesses expires Jan. 2.
Council member Doug Richardson, R-Lakewood, appears to hold the swing vote for an override. Of the council's five Republicans, Richardson is the only one who voted against the marijuana ordinance. Richardson said last week he won't vote for an override. Instead, Richardson said last week he will reintroduce his proposal extending the county's current moratorium on marijuana businesses by five months. That would allow time for the Legislature to decide whether to enact recommendations from state agencies such as requiring medical marijuana to be sold at licensed retail outlets. Richardson's ordinance would be an emergency, requiring five "yes" votes. The council postponed that proposal indefinitely after it approved the ordinance.
McCarthy said the council can't stop the state from issuing licenses so it should focus on zoning where marijuana businesses should go. Last November, Washington voters approved Initiative 502, which legalized recreational use of marijuana. Like the council, McCarthy said she doesn't like the law. "But we need to put controls in place, given that the voters voted this in," she said in an interview. McCarthy described her action as a "friendly veto." But she said the council's ordinance is "ostensibly a ban." She said she doesn't believe Congress will remove marijuana from the list of controlled substances.
The veto was McCarthy's fifth since she took office in 2009. The County Council overturned two of the past four. When the council adopted the ordinance regulating marijuana businesses, Rick Talbert and Connie Ladenburg, both Tacoma Democrats, called the measure a ban. Sponsor Stan Flemming, R-Gig Harbor, said it wasn't. "This bill does follow state law and addresses the concerns of the people," Flemming said. Also voting with Flemming for the ordinance were: Dan Roach, R-Bonney Lake; Jim McCune, R-Graham and McDonald.
The ordinance would set up zoning of marijuana operations, including production and processing, but limit retail outlets to urban areas. None of those businesses could operate until Congress takes marijuana off the controlled-substance list. McCarthy said she supports limits in the ordinance that prohibit marijuana establishments near each other and houses of worship. But she voiced concern about the legality of the ordinance limiting marijuana businesses to a single building, prohibiting them in strip malls.
News Moderator - The General @ 420 MAGAZINE ®
Source: Thenewstribune.com
Author: Steve Maynard
Contact: Contact The News Tribune or TheNewsTribune.com | Tacoma, WA
Website: McCarthy vetoes Pierce County Council prohibition on marijuana businesses | Local Government | The News Tribune
"Yes, the state law is in conflict with federal law, but the U.S. Department of Justice in August announced it is not going to challenge the state law at this time," McCarthy said. "The county is an entity of the state, and we cannot pass an ordinance that is in conflict with the state." Council Chairwoman Joyce McDonald, R-Puyallup, said Monday the council will vote on Dec. 10 whether to overturn McCarthy's veto. An override requires five of seven council votes.
McDonald said the decision whether to legalize marijuana needs to be made at the federal level. McDonald said she supports an override. "Her concern is mostly about litigation," McDonald said. "I understand her concerns but I don't think we can overlook lightly federal law." The council adopted the ordinance Nov. 5 by a vote of 4-3. McDonald said she's not certain there will be five votes to support an override. The vote is scheduled for Dec. 10 so that a decision would take effect by the time the council's current moratorium on marijuana businesses expires Jan. 2.
Council member Doug Richardson, R-Lakewood, appears to hold the swing vote for an override. Of the council's five Republicans, Richardson is the only one who voted against the marijuana ordinance. Richardson said last week he won't vote for an override. Instead, Richardson said last week he will reintroduce his proposal extending the county's current moratorium on marijuana businesses by five months. That would allow time for the Legislature to decide whether to enact recommendations from state agencies such as requiring medical marijuana to be sold at licensed retail outlets. Richardson's ordinance would be an emergency, requiring five "yes" votes. The council postponed that proposal indefinitely after it approved the ordinance.
McCarthy said the council can't stop the state from issuing licenses so it should focus on zoning where marijuana businesses should go. Last November, Washington voters approved Initiative 502, which legalized recreational use of marijuana. Like the council, McCarthy said she doesn't like the law. "But we need to put controls in place, given that the voters voted this in," she said in an interview. McCarthy described her action as a "friendly veto." But she said the council's ordinance is "ostensibly a ban." She said she doesn't believe Congress will remove marijuana from the list of controlled substances.
The veto was McCarthy's fifth since she took office in 2009. The County Council overturned two of the past four. When the council adopted the ordinance regulating marijuana businesses, Rick Talbert and Connie Ladenburg, both Tacoma Democrats, called the measure a ban. Sponsor Stan Flemming, R-Gig Harbor, said it wasn't. "This bill does follow state law and addresses the concerns of the people," Flemming said. Also voting with Flemming for the ordinance were: Dan Roach, R-Bonney Lake; Jim McCune, R-Graham and McDonald.
The ordinance would set up zoning of marijuana operations, including production and processing, but limit retail outlets to urban areas. None of those businesses could operate until Congress takes marijuana off the controlled-substance list. McCarthy said she supports limits in the ordinance that prohibit marijuana establishments near each other and houses of worship. But she voiced concern about the legality of the ordinance limiting marijuana businesses to a single building, prohibiting them in strip malls.
News Moderator - The General @ 420 MAGAZINE ®
Source: Thenewstribune.com
Author: Steve Maynard
Contact: Contact The News Tribune or TheNewsTribune.com | Tacoma, WA
Website: McCarthy vetoes Pierce County Council prohibition on marijuana businesses | Local Government | The News Tribune
