But now, as The News Tribune has reported, one man is determined to open a shop there anyway – making it one of two marijuana retail operations that will be legally up-and-running in city limits. The reason this is possible, as the reporter explained, is because the first location is run by the Puyallup Tribe. The Native American group’s shop, which opened in what used to be a cigar bar, is situated on tribal land and therefore isn’t bound by city rules.

The second store is slated to open in a former drug store. It’s within walking distance of the tribal shop. That location is within the boundaries of the city’s authority, but the shop will be allowed in spite of the ban following an out-of-court settlement reached late last year by the owner and the city in which the owner won an exemption against the ban.

Both sides had been warring over the issue for the last three years, with plaintiff/ soon-to-be shop owner arguing the city had no authority to impose such a ban under Washington state’s marijuana law. The city won the case at the trial court level, but plaintiff appealed. A decision in that case was pending when the two sides reached an agreement: Plaintiff would be allowed to open his marijuana dispensary within city limits with designated zoning as “non-conforming use,” so long as plaintiff also agreed to pay the city’s $35,000 in legal fees.

Deciding to settle, said the city manager, was a conclusion reached for a number of reasons. For starters, the legal battle was growing more costly. Meanwhile, the local Native American tribe was already planning to open a cannabis sales location nearby. Plus, other local communities that had not enacted such a ban had not seen the large spike in crime that so many detractors feared.

With that settlement, the mayor and council have requested review of the still-in-effect ban by the planning commission. The group has been asked to determine whether the current rules need to be rewritten to allow other marijuana retailers to open shop as well. Ultimately, the final determination about whether to lift the ban lies with the council. If the ban is lifted, the city would be tasked with deciding what new rules, if any should be imposed on legal marijuana sales operations.

Meanwhile, plaintiff plans to open his location in March. He anticipates his operation alone could generate an additional $150,000 for the city in tax revenue. When the city first voted for the ban, state law in Washington declared that any marijuana sales tax revenue couldn’t be split with municipalities. That law has since changed.

Taxes collected by the tribe, meanwhile, will be retained by the tribe for what it deems to be essential government services. The tribe also operates a hotel, a casino and a handful of other businesses throughout the city.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Two marijuana retailers opening soon in city that still bans cannabis sales, Jan. 28, 2017, By John Gillie, The News-Tribune

More Blog Entries:

Report: Marijuana Legalization in Colorado Making Pot Cheaper for Consumers, Feb. 4, 2017, Marijuana Lawyer Blog

This would be a major victory for parents of children grappling with conditions that require medical marijuana. Some of these children have been diagnosed with conditions like autism and epilepsy, and marijuana has helped to reduce their symptoms, focus and possibly even participate in a class as any typical child would.

But of course, allowing children to use marijuana as medicine has long been a subject of controversy. It has grown increasingly accepted as there have been a number of anecdotal success stories, as well as studies that suggest children with autism, cancer, epilepsy and other conditions may have a better quality of life if they have access to marijuana therapy. In a lot of cases, it only requires a tiny amount of cannabis oil given over the duration of the day to have a substantial impact on the lives and futures of these children.

Two years ago, New Jersey Gov. Chris Christie signed a measure that gave parents or guardians of minors with a medical marijuana recommendation to administer the drug to their child while on school grounds. That measure was significant not only for the fact that it was important for parents in that state, but because Christie has never been a strong supporter of marijuana whatsoever. Further, he never had any intention of broadening the medical marijuana program that was in place when he took office. It was surprising and set a precedent that was soon followed by Colorado.

Both Washington state and Colorado were the first in the nation to approve marijuana for recreational purposes. However, giving the drug to children – even those for whom it is medically necessary – has long been a controversial subject. That’s why even in Colorado after the state law was passed allowing schools to do so, many schools haven’t determined yet whether they will give the green light to let parents do it.

For now, that means parents who need to administer the drug to their child throughout the day have to go to the trouble of going to the school, pulling their child out of class, taking them off campus, administering the drug somewhere else, and then signing them back in to school. The schools that have been so far cooperative have mostly designated a private room for the medicine to be given.

If the bill in Washington state passes, it will mark a significant improvement in the medical marijuana program in the state, as it will offer more children the chance to get the most out of their education. Our L.A. marijuana lawyers believe no child should be denied that opportunity, regardless of what kind of medicine they require in order to function on a day-to-day basis.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Washington Lawmakers Move to Allow Medical Marijuana in Schools, Jan. 19, 2017, By Julia Granowicz, The Marijuana Times

More Blog Entries:

Cannabis Business Licensing Woes in Portland Costing $22M/ Month, Jan. 18, 2017, L.A. Marijuana Lawyer Blog