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Despite the U.S. Justice Department's promise last week not to interfere with Washington state's new law allowing the use of recreational marijuana, local officials faced with drafting their own regulations say the issue is still murky at best.
Wary of running afoul of federal law, many Yakima Valley cities and Yakima County either have or are planning to enact six-month moratoriums on recreational marijuana grows and businesses. Some local officials say the temporary bans are needed to allow time to craft zoning and operational regulations for such businesses, while others say they are still concerned about the state's new law conflicting with federal law.
Last November, voters approved Initiative 502, which legalized the recreational use of marijuana in the state. Colorado approved a similar law.
"The state of Washington and Colorado have stepped ahead of the curve and it's caught everyone off guard, including Congress," said Yakima County Commissioner Mike Leita.
County commissioners have agreed to approve a moratorium at their regular meeting Tuesday.
"We have to clarify what our position is as a local government," Leita said. "Clearly we're charged with oversight of land use and we don't have clarity as to marijuana growth. This has really broadened the issue of marijuana use."
Sunnyside has already enacted a moratorium; Grandview plans one as well.
Meanwhile, the state Liquor Control Board is putting the final touches on a proposed set of rules to regulate the recreational use of the mood-altering substance. Those rules – which will be available on the board's website Wednesday – put stiff requirements on how such businesses catering to recreational users are to operate, said Liquor Control Board spokesman Brian Smith in Olympia.
"The thing is, we're creating something that doesn't exist anywhere," Smith said. "It's taking a lot of work and we think we have a solid set of rules."
Under the new law, only people 21 years and older are allowed to possess up to one ounce of usable marijuana, up to 16 ounces of marijuana infused in a solid form or 72 ounces infused in a liquid form. The law does not allow anyone to possess more than one form of marijuana at one time.
Even though the U.S. Department of Justice last Thursday promised not to take legal action against Washington and Colorado as long as the states keep the drug out of the hands of minors, among other requirements, Leita says he doesn't think it's a clear green light.
"What we don't want to happen is people rushing out and assuming certain privileges or seizing premature opportunities before this thing has been fully vetted," Leita said. "And it can only be fully vetted when the state Liquor Board issues its regulations."
But even then, concern still lingers over the conflict between state and federal law. State law mandates that local communities allow such businesses, Smith said.
"There is nothing in I-502 that allows a community to opt out," he said. "Communities have to have reasonable access and be able to buy from a place."
Sunnyside Councilman Don Vlieger disagrees. In fact, he even questions the legality of the recent stance the Justice Department has taken, saying that branch of government only enforces existing laws, and does not make them.
"The Justice Department doesn't have the authority to negate federal law," he said. "And I've never seen a case in which a state has ordered a city to violate federal law."
This dilemma isn't new. Several years ago, many cities here enacted moratoriums on medical marijuana grows and dispensaries after state law allowed them.
Many of those cities, including Sunnyside, Wapato and Zillah, have devised ordinances governing medical marijuana with a caveat – those ordinances will only go into effect if federal law changes.
But Sunnyside Mayor Jim Restucci said Vlieger's opinion doesn't speak for the entire city, and cites "Dillon's Rule," a ruling in 1868 by U.S. Circuit Court Judge John Forrest Dillon that said municipal governments only have the powers that are expressly granted to them by the Legislature.
Restucci said he's prepared to move forward with an ordinance once the state finalizes its rules. He plans to review the city of Olympia's ordinance before drafting Sunnyside's.
"Other cities are already looking at this and I want to see what they have done," he said. "It doesn't mean that it will fit Sunnyside, but I'd like to see what they have done."
Vlieger said he's personally against the use of marijuana and noted that the initiative did not garner the overall support of voters in Sunnyside or Yakima County.
"It violates our values in this Valley and it violates our values in this state," he said.
Leita's personal views echo Vlieger's, but he said the will of the voters comes first.
"This is going to be a difficult journey, but one we're going to have to take," he said.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: yakimaherald.com
Author: Phil Ferolito
Contact: Yakima Herald Republic | Contact
Website: Yakima Herald Republic | Yakima Valley cities approach pot law with caution
Wary of running afoul of federal law, many Yakima Valley cities and Yakima County either have or are planning to enact six-month moratoriums on recreational marijuana grows and businesses. Some local officials say the temporary bans are needed to allow time to craft zoning and operational regulations for such businesses, while others say they are still concerned about the state's new law conflicting with federal law.
Last November, voters approved Initiative 502, which legalized the recreational use of marijuana in the state. Colorado approved a similar law.
"The state of Washington and Colorado have stepped ahead of the curve and it's caught everyone off guard, including Congress," said Yakima County Commissioner Mike Leita.
County commissioners have agreed to approve a moratorium at their regular meeting Tuesday.
"We have to clarify what our position is as a local government," Leita said. "Clearly we're charged with oversight of land use and we don't have clarity as to marijuana growth. This has really broadened the issue of marijuana use."
Sunnyside has already enacted a moratorium; Grandview plans one as well.
Meanwhile, the state Liquor Control Board is putting the final touches on a proposed set of rules to regulate the recreational use of the mood-altering substance. Those rules – which will be available on the board's website Wednesday – put stiff requirements on how such businesses catering to recreational users are to operate, said Liquor Control Board spokesman Brian Smith in Olympia.
"The thing is, we're creating something that doesn't exist anywhere," Smith said. "It's taking a lot of work and we think we have a solid set of rules."
Under the new law, only people 21 years and older are allowed to possess up to one ounce of usable marijuana, up to 16 ounces of marijuana infused in a solid form or 72 ounces infused in a liquid form. The law does not allow anyone to possess more than one form of marijuana at one time.
Even though the U.S. Department of Justice last Thursday promised not to take legal action against Washington and Colorado as long as the states keep the drug out of the hands of minors, among other requirements, Leita says he doesn't think it's a clear green light.
"What we don't want to happen is people rushing out and assuming certain privileges or seizing premature opportunities before this thing has been fully vetted," Leita said. "And it can only be fully vetted when the state Liquor Board issues its regulations."
But even then, concern still lingers over the conflict between state and federal law. State law mandates that local communities allow such businesses, Smith said.
"There is nothing in I-502 that allows a community to opt out," he said. "Communities have to have reasonable access and be able to buy from a place."
Sunnyside Councilman Don Vlieger disagrees. In fact, he even questions the legality of the recent stance the Justice Department has taken, saying that branch of government only enforces existing laws, and does not make them.
"The Justice Department doesn't have the authority to negate federal law," he said. "And I've never seen a case in which a state has ordered a city to violate federal law."
This dilemma isn't new. Several years ago, many cities here enacted moratoriums on medical marijuana grows and dispensaries after state law allowed them.
Many of those cities, including Sunnyside, Wapato and Zillah, have devised ordinances governing medical marijuana with a caveat – those ordinances will only go into effect if federal law changes.
But Sunnyside Mayor Jim Restucci said Vlieger's opinion doesn't speak for the entire city, and cites "Dillon's Rule," a ruling in 1868 by U.S. Circuit Court Judge John Forrest Dillon that said municipal governments only have the powers that are expressly granted to them by the Legislature.
Restucci said he's prepared to move forward with an ordinance once the state finalizes its rules. He plans to review the city of Olympia's ordinance before drafting Sunnyside's.
"Other cities are already looking at this and I want to see what they have done," he said. "It doesn't mean that it will fit Sunnyside, but I'd like to see what they have done."
Vlieger said he's personally against the use of marijuana and noted that the initiative did not garner the overall support of voters in Sunnyside or Yakima County.
"It violates our values in this Valley and it violates our values in this state," he said.
Leita's personal views echo Vlieger's, but he said the will of the voters comes first.
"This is going to be a difficult journey, but one we're going to have to take," he said.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: yakimaherald.com
Author: Phil Ferolito
Contact: Yakima Herald Republic | Contact
Website: Yakima Herald Republic | Yakima Valley cities approach pot law with caution
