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Canna Law Blog by Hilary Bricken

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Cities and Counties Banning Cannabis: Why Not Let The People Decide?

By Hilary Bricken Washington State cities and counties continue to implement bans and temporary moratoria to prevent recreational marijuana from becoming a reality within their borders. How can these local governments even opt out of I-502? According to municipalities, they can prohibit I-502 for the following reasons:+ The opinion from the office of the State Attorney General (AG) regarding I-502 + Inherent police powers + Federal prohibition We briefly analyze each of these alleged sources of banning power in the context of I-502 as follows: The State AG’s opinion. In January 2014, the AG’s office formally opined that, among other things, nothing in I-502 prevents local authorities from banning I-502 facilities. In turn, cities and counties have used that opinion to justify prohibiting State-licensed marijuana businesses. We sued Wenatchee over its ban (which is based almost entirely on the AG’s opinion) and we are confident that this will not be the last anti-marijuana city against which one of our clients takes legal action. Though the A/G’s opinion is influential, it is certainly notbinding and it has no legal power. It is one attorney’s … Read the full article

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Connecticut Court: Past Marijuana Convictions Can Be Erased

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