The Washington State Liquor and Cannabis Board (WSLCB) regulations for issuing retail cannabis licenses prohibit, among other things, a retail cannabis business within 1000 feet of the “perimeter of the grounds” of a school. In Top Cat Enterprises, LLC v. City of Arlington, a retail cannabis license recipient sought to move from Marysville, which had

Michael A. Nesteroff
Washington State Appeals Court Rules Issuing Cannabis Licenses Is Not Dependent Upon Local Zoning Laws
If cannabis licensees needed any reminder, Division Three of the Washington Court of Appeals has confirmed that the Washington Liquor & Cannabis Board (LCB) is not required to defer to local zoning laws when deciding whether to issue cannabis licenses. The issue arose from a petition to LCB by Kittitas County that argued the LCB’s…
Washington Court of Appeals Rules City Can Be Subject to Tortious Interference Damages for Denial of a Retail Cannabis License
The City of Bellevue’s (WA) first-in-time rule to decide between competing applications for retail cannabis establishments within 1,000 feet of each other created a confusing process when first implemented in 2014 and now has led to the City’s exposure for tortious interference with business expectancy damages by a license applicant who lost out. In a…
Odor Issues Are Moving to the Forefront as More States Allow Recreational Cannabis
With 10 states and the District of Columbia having legalized recreational cannabis (representing nearly a quarter of the U.S. population, including the most populous state), an emerging issue is how to deal with the odor generated by marijuana production facilities. A December 19, 2018 article in The New York Times noted a growing number of…
Washington Appellate Court Upholds County Ban on Retail Marijuana Sales
The Washington Court of Appeals Division II has ruled that Clark County can lawfully ban the retail sale of marijuana within its unincorporated areas. In a unanimous decision issued on March 13 in Emerald Enterprises, LLC v. Clark County, the court rejected arguments that the Washington Uniform Controlled Substances Act (USCA) preempts a Clark…
Proposed Marijuana Farm Raises Scope of Oregon’s Right-to-Farm Law
A case in Yamhill County Circuit Court in McMinnville, Oregon pits two farms — a vineyard and a potential commercial marijuana grower — against each other, implicating the scope of Oregon’s Right to Farm law. At issue in Mahesh v. Wagner is a proposal by the owner of nearly seven acres of farmland to grow…
Marijuana Facilities Are Subject to Odor and Other Air Pollution Regulations in Washington State
The Washington Clean Air Act governs air emissions and that includes the production and processing of marijuana. Whether the regulatory body is the Washington Department of Ecology or one of seven regional clean air agencies that also have regulatory authority, the bottom line for any marijuana production and processing facility is that some level of…