DUI Enforcers!

Court Affirms City of Kent ban on Marijuana Collective Gardens

Tuesday, April 01, 2014 8:50 AM | Anonymous

No joke. Division One of the Court of Appeals concluded today that the Governor's line-item veto of provisions in the 2011 bill ESSSB 5073 changed the Medical Use of Cannabis Act from its original intent to legalize some marijuana uses.  Under the original bill, persons registered in a state registry could legally grow and use marijuana under certain circumstances.  Because the registry was vetoed, it is impossible for anyone to comply with the provision.  As approved by the governor, the law creates an affirmative defense in criminal prosecutions for those who are not registered.  

Importantly, the court held that the law authorized by the legislature and the governor provide jurisdicitons the authority to regulate marijuana under RCW 69.51A.140.  The power to regulate includes the power to exclude.  Accordingly, the City of Kent's zoning ban on collective gardens is lawful. 

The full case is available here: Cannabit Action Coalition v. City of Kent 

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