Benton County considers pot store moratorium

Benton County is rolling up its pot shop welcome mat.

Three is enough, county commissioners said Tuesday.

The county has been wrestling with the issue of legalized marijuana sales since voters approved it five years ago. Unlike it’s neighbors, the county allowed cannabis sales, believing a ban would invite lawsuits.

But now with the pending opening of a fourth retail outlet — this one at the edge of West Richland — the commissioners said they’re done.

The commission voted 2-0 Tuesday to direct county staff to find a way to cap the number of stores at three. If successful that could stop the Nirvana Cannabis Co. from opening.

“I don’t want any more marijuana shops in Benton County,” Commissioner Shon Small told about 20 West Richland residents who came to Tuesday’s meeting wanting the store stopped.

The former riding ring is already being renovated, though it’s unclear when it could open. Commission Chairman Jim Beaver also favored capping the number of stores. Commissioner Jerome Delvin was absent.

A county attonrey cautioned the commissioners that action could invite a lawsuit and more discussion of the issue should be taken into a closed-door session at another time.

In the end, the commission appeared resigned to a likely legal challenge and to place the cap at four stores, leaving room to allow the West Richland store if its hand is forced.

The pot shop discussion and vote were not on the commission’s published agenda. The West Richland contingent spoke up during the public comment section after the state rejected the city’s request to revoke the license on the grounds it is too close to a preschool.

The move left neighbors frustrated that they’ve been given no voice in a matter they believe will harm their community and worsen traffic.

The West Richland argument chiefly centers on Kid Space Preschool and Early Learning Academy, a private school serving 65 families at a neighboring strip mall. It’s within the 1,000-foot buffer zone prohibited by state law.

But the Washington State Liquor and Cannabis Control Board said Kid Space isn’t protected because it isn’t registered with the state Department of Early Learning.

Owner Jacqueline Martinez said she was “blindsided” by the news. Kid Space isn’t required to register because it operates less than four hours a day, she said. “There is a school there. Not being in the database should not be a factor,” she told commissioners.

While the county’s hands are tied, Small, a former deputy sheriff, advised residents to “bombard” the state board with letters and comments.

Initiative-502 passed largely on support from Puget Sound area voters. In Benton County, 56 percent of voters rejected the law. Some jurisdictions adopted local bans. Benton County, operating on the advice that such a ban would invite litigation, did not.

The result is a patchwork of local rules. Cannabis sales are allowed in unincorporated Benton County, Prosser and Benton City. They are not allowed in Franklin County, Kennewick, Richland, West Richland and Pasco.

Small said that contrary to public opinion, Benton County is not making much money from the marijuana sales taxes. He estimates the county received $60,000 in two years.

“We’re not making a huge amount of money on this thing,” he said.

This story was originally published June 27, 2017 at 6:41 PM with the headline "Benton County considers pot store moratorium."