Washington Bill Would Bar Cities and Counties From Blocking Marijuana Businesses

A new bill filed today in the Washington House would prohibit cities and counties from banning licensed marijuana businesses within their jurisdictions.

House Bill 2731, introduced today by State Representative Amy Walen (D), has been referred to the House Local Government Committee. The proposal would amend state marijuana law to explicitly prohibit localities from enacting ordinances, land use plans, or other restrictions that have the effect of precluding the siting or operation of state-licensed marijuana producers, processors, and retailers.

Under the measure, local governments would no longer be able to use zoning, moratoriums, or similar regulatory tools to effectively ban marijuana businesses that are otherwise licensed by the state Liquor and Cannabis Board. While many jurisdictions in Washington technically “allow” marijuana businesses, some have used local land-use authority in ways that make it nearly impossible for licensees to actually operate.

The bill also makes a significant change to how marijuana tax revenue is distributed to local governments.

Current law limits certain revenue distributions to jurisdictions that do not prohibit the siting of licensed marijuana producers, processors, or retailers. HB 2731 removes that condition, given that all cities and counties would be essentially forced to allow licensed cannabis stores.

If approved, HB 2731 would further cement the state’s authority over marijuana licensing by limiting the ability of local governments to stand in the way of businesses that have already met state requirements to operate.

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