Voters put a stoplight in front of Yakima County Commissioners on Tuesday when it comes to lifting a ban on recreational-marijuana businesses in unincorporated areas of the county — an outcome that could potentially ignite a court battle with more than 20 marijuana businesses.
Those businesses, says a paid consultant, aren’t willing to close their doors without a fight.
“We’ll see them in court — we’ll be happy to see them in court,” McPhee said.
Preliminary results late Tuesday night showed voters supported the ban by a supermajority of nearly 61 percent, compared to about 39 percent in favor of lifting the prohibition. The results are only an advisory vote, meaning Yakima County Commissioners have final say on whether the ban should be lifted.
But it seems unlikely commissioners would go against voter wishes.
“The voters have said let the ban remain and we are representatives of the people,” Commissioner Mike Leita said.
Last year, impacted businesses united under a marijuana growers association — Cannabis Producer Processor Trade Association.
Jamie Muffett, who owns Sticky Budz outside Zillah, blamed confusing ballot language and an off-election year when voter turnout is traditionally low as reasons for the outcome.
“I really don’t have a comment on that right now,” he said.
Commissioners based the ban on how Yakima County voters soundly rejected an initiative — I-502 — legalizing recreational marijuana statewide in 2012.
Marijuana-business owners contend the ban would hinder the availability of medicinal marijuana in the area. McPhee also argues the ban is thwarting potential business growth. He says he knows of at least 60 grower-processor operations interested in the area.
Meanwhile, the county included an additional $100,000 in next year’s preliminary budget for code enforcement to help beef up enforcement efforts.
Last year, the county briefly discussed shutting down marijuana businesses but realized that it didn’t have enough resources to do so. Officials estimated at the time another $200,000 would be needed in the code enforcement budget. Then, the businesses threatened to challenge the ban in court if the county attempted to shut them down. That’s when commissioners sought the advisory vote.
Whether or not the ban is lifted, there still will be more work for code enforcement officers, Public Services Director Vern Redifer said.
If the ban remains, then work will be needed to shut down the more than 20 grower-processors now operating in unincorporated areas of the county. If the ban is lifted, the county will have to devise a land-use ordinance regulating marijuana businesses and inspections would need to be conducted to assure current establishments are abiding to proper zoning, Redifer said.
credit:seattletimes.com
