Top Legal

Canna Law Blog by Hilary Bricken

484px-Seal_of_Washington.svg_1

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

More Posts from Canna Law Blog

Recent Legal News

It remains to be seen how many reservations will take advantage of the policy. Many tribes are opposed to legalizing pot on their lands, and federal officials will continue to enforce the law in those areas, if requested.

Southern California is home to nearly 30 federal- and state-recognized Indian tribes, with a total population of nearly 200,000, according to state estimates. The largest tribes operate profitable casinos and outlet malls, including those by the Morongo, Cabazon, San Manuel and Pechanga tribes.

U.S. Won’t Stop Native Americans From Growing, Selling Pot On Their Lands

DISTRICT OF COLUMBIA: Opening the door for what could be a lucrative and controversial new industry on some Native American reservations, the Justice Department on Thursday will tell U.S. attorneys to not prevent tribes from growing or selling marijuana on the sovereign lands, even in states that ban the practice. The new guidance, released in a memorandum, will be implemented on a case-by-case basis and tribes must still follow federal guidelines, said … Read the full article...

The bill would allow employers to test for pot after they offer someone a job as well as during employment. Because it’s a local law, it doesn’t apply to the federal government or to federal contractors.

DC Bans Pot Testing Of Job Applicants

DISTRICT OF COLUMBIA: Potential employers won’t be able to test applicants for marijuana in the District of Columbia until after they’ve made a conditional job offer under a bill approved by the D.C. Council. The bill was approved unanimously on Tuesday. It was sponsored by Councilmember Vincent Orange, who said District residents shouldn’t have to worry about lost job opportunities just because they’ve smoked pot, especially now that the city has voted … Read the full article...