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Second judge holds that local governments can ban marijuana businesses


A second superior court judge Monday agreed with an opinion issued by the Attorney General’s Office last year, concluding that nothing in Initiative 502 overrides local governments’ authority to regulate or ban marijuana businesses.

The ruling came from Chelan County Superior Court Judge T.W. Small in the case of SMP Retail, LLC v. City of Wenatchee. The plaintiffs in the case sought to open a marijuana business in Wenatchee despite the city’s ban on such businesses. A formal opinion released by the AGO in January 2014 concluded that, as drafted, I-502 does not prevent cities and counties from banning marijuana businesses.

Judge Small is now the second judge to agree with the AGO...

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