Monroe council approves resolution opposing retail pot shop application

The Monroe City Council approved a resolution last week that authorizes Mayor Geoffrey Thomas to notify the Washington State Liquor and Cannabis Board (WSLCB) of the city’s opposition to a recent request for marijuana retail licensure in the city.

The resolution is in response to a notice of marijuana license application received by Monroe Police Chief Tim Quenzer on Friday, Dec. 9. The license application, License No. 421432-7A, proposes a retail marijuana establishment called Origins Cannabis at 17376 W. Main St. in Monroe. Once a license application is received by the WSLCB, state law stipulates the WSLCB must notify the municipality where the proposed business would be located. The local municipality then has 20 days to respond to the WSLCB with an approval or an objection. It can also opt to provide no response at all. 

The applicant is Origins Sale, a limited liability corporation.

The city of Monroe currently has a prohibition in place that prevents all marijuana-related businesses from operating in Monroe, so the letter of objection is in alignment with city ordinance on the books since April 2015. In addition to its notification of objection, the city plans to request an adjudicative hearing prior to final action. Hearings are granted at the discretion of the WSLCB.   

The Monroe City Council long discussed ways to effectively navigate the passage of Initiative 502, voting consistently to keep marijuana production, processing and retail out of the city, despite I-502 passing in nine of Monroe’s 12 voting precincts. Council action was based on the conflict between state and federal law and extensive opposition heard at council and planning commission meetings.

The council grappled with the best way to prohibit marijuana-related uses in the city.

Initially, the issue of whether a municipality could opt out of I-502 was largely speculative due to a lack of legal precedent. In January 2014, Washington State Attorney General Bob Ferguson announced his formal opinion that I-502 does not preclude cities and counties from establishing their own ordinances prohibiting marijuana businesses. 

The city proceeded with caution. In March 2014 it implemented a business license prohibition, which mandated businesses comply with both state and federal law to be eligible for licensure in Monroe.

Next the council decided to bolster its zoning restrictions, passed as a precautionary measure, expanding restricted areas to include the Evergreen State Fairgrounds, private parks and religious establishments. I-502 stipulates marijuana-related businesses cannot be located within 1,000 feet of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library or any arcade that is not restricted to individuals age 21 and older.

Monroe’s ordinance further restricted where marijuana facilities could operate, effectively eliminating available areas in the city. The expanded buffer zone concept opened the door for further conversation about an outright ban, which was passed in April 2015. 

Currently, according to the Municipal Research & Services Center (MRSC), cities, towns and counties can choose to prohibit state-licensed marijuana businesses by enacting land-use restrictions or other legislation that prevents marijuana facilities in their jurisdictions. The WSLCB encourages applicants to check with their local authorities to confirm zoning and check for moratoriums and bans.

The public can send in written comments in support or opposition of the application. Comments should include the trade name, Origins Cannabis, license number, 421432-7A, and address of the business, 17376 W. Main St., Ste. B in Monroe. Comments can be sent to the Washington State Liquor and Cannabis Board, Licensing and Regulation Department, P.O. Box 43098, Olympia, WA 98504-3098.