One-Quarter Of Washington's Towns Still Ban Marijuana

The small group of Christian protesters first showed up outside Tim Thompson's new marijuana shop in rural Washington about three weeks ago, holding signs that declared "Just Say No To Pot" and "God Judges Sinners."
Their leader, Dale Brown, is a proselytizing author and musician living in Prosser, Washington. He thinks opening a legal weed shop in the small town of 5,800 is a terrible idea.
"I have spent over 30 years as a minister of the gospel and I have plenty friends and relatives whose lives have been destroyed by drug abuse usually starting with the easiest to get, which is usually pot," he told The Huffington Post in a Facebook message. "Having a retail recreation store sends the wrong message to kids."
On Tuesday, Washington state launched itself into the recreational marijuana business, allowing anyone over 21 to buy up to an ounce of pot, even if they have no medical need for it. The state is following on the heels of Colorado, which first put recreational weed on sale Jan. 1.
Despite the fact that the state has legalized the drug, about one-quarter of all the towns and cities in Washington have bans or temporary moratoria on retail weed sales, according to the Municipal Research and Services Center, a nonprofit in Seattle that consults local governments in the state. Many of these locales say that weed should be illegal because it is still listed as a Schedule I drug under federal law, meaning the feds believe it has no medicinal value and a high potential for abuse. Under federal law, getting caught with weed, even if it's a first offense, can earn a year in prison and a $1,000 fine.

While Colorado made it simple for local governments to ban the sale of marijuana, it's much less clear in Washington whether municipalities have the power to keep weed out of their towns. There's confusion over whether Washington's law permits localities to ban recreational marijuana. Pro-marijuana groups argue that localities can't override state law. Even the Washington state constitution has a provision saying local jurisdictions can't prohibit any activity that state law authorizes, said Alison Holcomb, an attorney at ACLU Washington who helped craft Initiative 502, the 2012 law that legalized weed in the state.
Yet, Washington's attorney general issued an opinion in January saying local bans were permissible. That opinion isn't binding, but it does put the weight of the state's top legal officer behind any towns and counties that choose to ban pot sellers.

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