Local News

Council Votes to Lift Injunction on Pot Shop

May 20, 2015

Despite opposition from members of the public, the City of Omak on Monday voted to lift the injunction on the marijuana retail store in Omak.

Before voting, City Attorney Mick Howe advised the council that while the Attorney General’s Opinion notes that they will not oppose cities that have ordinances against I-502, but he will do all he can to keep I502 valid and will oppose any violation of it based specifically upon the violation of Federal law. Howe noted the Attorney General has stated in cases where there is a zoning rule or ordinance in place, those reasons will be supported by his office; however, taking the position that the use is only a violation of Federal law will not be sanctioned by his office.

Omak has denied a business license to a proposed retail pot store based on the city code that requires businesses be in compliance with local, state and federal law.

Howe told the council that the City is faced with a decision to move forward and stand on that platform, knowing that the Attorney General’s office will oppose that position. He said, If the City succeeds before the Court of Appeals, they would have to move on to the Washington State Supreme Court and eventually it will come before the U.S. Supreme Court. Howe also told council that If the Attorney General’s office carries their argument to the U.S. Supreme Court, the final decision will be made there. Howe emphasized to Council that if the City loses based on the point of following Federal law, they could be faced with damage claims because it will ultimately be determined that the injunction was improperly placed.

Following Howe’s explanation, the council voted in favor of lifting the injunction, with only Council Member Mike Foth voting no. Council Member Natalie Cariker was absent for the meeting.