Washington Appellate Court Upholds County Ban on Retail Marijuana Sales

The Washington Court of Appeals Division II has ruled that Clark County can lawfully ban the retail sale of marijuana within its unincorporated areas. In a unanimous decision issued on March 13 in Emerald Enterprises, LLC v. Clark County, the court rejected arguments that the Washington Uniform Controlled Substances Act (USCA) preempts a Clark County ordinance banning the retail sale of recreational marijuana in unincorporated areas so long as the federal government listed marijuana as a controlled substance.

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