Rep. Larry Springer sponsors HB 2322 to prohibit cities from impeding marijuana businesses

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New bill would prevent local governments from taking actions against commercial marijuana businesses licensed by the liquor control board.

As the 2014 Regular Session of the Washington State Legislature opened, House Bill 2322 was introduced prohibiting local governments from taking actions preventing or impeding the creation or operation of commercial marijuana businesses licensed by the liquor control board.  This act, according to the text of HB 2322 Sec. 5, is necessary for the for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions.

Kirkland's Representative Larry Springer (45th, D) sponsored HB 2322 along with Representatives Sam Hunt (22nd, D), David Sawyer (29th, D), Cary Condotta (12th, R), Sherry Appleton (23rd, D), Steve Kirby (29th, D), Jake Fey (27th, D), Jessyn Farrell (46th, D), Joe Fitzgibbon (34th, D), and Chris Reykdal (22nd, D).

 

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
— HB 2322 Sec. 5

HB 2322 reads, in part:

"Cities, counties, and towns are prohibited from enacting any ordinance or other regulation pertaining to business licensing, zoning, or land use that has the effect of preventing or impeding the establishment of a recreational marijuana business licensed under RCW 69.50.325.

In the event the liquor control board determines that a municipality has engaged in regulatory practices that impede the establishment of such businesses in violation of this section, the liquor control board may:

  1. Penalize the offending municipality by making it ineligible to receive any funds from the liquor revolving fund established in RCW 66.08.170 and the liquor excise tax fund established under RCW 82.08.170.
  2. Bring legal action in superior court against the offending municipality for injunctive relief for violations of this section. The municipality shall pay all court costs and other litigation-related expenses for legal actions brought under this section.

Learn more:

Follow the history of  HB 2322:
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2322&year=2013#documents

Download HB 2322 PDF:
http://apps.leg.wa.gov/documents/billdocs/2013-14/Pdf/Bills/House%20Bills/2322.pdf

Many Kirklanders were surprised to learn that marijuana retail establishments may soon open in their neighborhoods. One such location, 1818 Market Street, was recently featured on these pages in December: TWO KIRKLAND RETAIL MARIJUANA LICENSE APPLICATIONS FILED FOR 1818 MARKET STREET.

Springer's bill would prevent cities like Kirkland from taking actions preventing or impeding the establishment of commercial marijuana businesses.