County will study AG’s finding on pot ban option

Whitman County commissioners Tuesday morning saw a second marijuana producer application cross their desks, this time for the Thornton area, but they discussed the possibility of banning the plant altogether in rural areas of the county.

The state Attorney General last week formally stated that cities and counties can outlaw recreational marijuana businesses, even though voters approved I-502 legalizing marijuana in 2012.

Responding to a request for clarification from the state Liquor Control Board, the AG’s office said I-502 doesn’t overcome a local government’s right to restrict or ban businesses that want to grow, process or sell the drug. Washington’s Constitution gives cities and counties broad authority to control activities inside their borders unless a law specifically stops that. It noted the new Washington law does not pre-empt the local control option.

“Nothing in I-502 mandates a minimum number of licensees in any jurisdiction,” the AG’s opinion said.

It pointed out the marijuana initiative was modeled after state liquor statutes which allows local jurisdictions the option to ban the sale of liquor.

“I’m not sure regulations and/or a ban on producing or sale of marijuana would benefit us or not,” said Commissioner Michael Largent. “We need to ask questions. I don’t know the kinds of problems that could be brought in.”

“I’m not here advocating that it could benefit Whitman County, I just have questions,” he said. “I’m curious about what other counties are doing.”

“Let’s keep in mind that Whitman County passed I-502,” Commissioner Dean Kinzer said. “We’ve chosen not to take action because we feel our zoning covers all aspects.”

The commissioners will schedule a workshop with county Prosecutor Denis Tracy as soon as possible.

The commissioners again decided to neither object or comment on the marijuana application. They opted for the same no action when the first application was submitted for a potential producer/processor in the Endicott area.

Applications have been sent to the commissioners for review from the state Liquor Control Board.

At present, the liquor board has authorized four retail marijuana outlets in the county with three in Pullman.