Franklin County passes fifth temporary marijuana ban

Franklin County commissioners approved their fifth temporary recreational marijuana business moratorium, but now say they will set the stage for a permanent ban.

Commissioners said in February they wanted to wait and see what the state Legislature did to share more money from state-sanctioned marijuana sales with local governments. But they said Wednesday that what was approved wasn’t nearly enough to convince them to consider allowing marijuana businesses in the unincorporated county.

“They did between nil and nothing for the counties,” Commissioner Bob Koch said.

Tax revenue to cities and counties is estimated to be $12 million statewide in the 2015-17 biennium, with 60 percent going to counties and 40 percent to cities. Only cities and counties allowing marijuana businesses are eligible to receive the money.

The county vote came hours before the county’s only marijuana retailer, Lucky Leaf in Pasco, announced on Facebook that it closed Wednesday until another court hearing is held.

Owner David Morgan opened the store last month despite a city of Pasco ban on recreational marijuana businesses. He said he hopes to reopen Aug. 24.

The county will now draft an ordinance to permanently ban marijuana growing, processing and sales, but it will have to be reviewed by the county planning commission and state Department of Commerce before it can be approved, said attorney Bronson Brown.

The decision doesn’t necessarily mean marijuana businesses will be banned, said Commission Chairman Brad Peck.

“The process over the next several months still provides the public an opportunity to engage,” he said.

Peck’s vote was largely based on the county’s opposition to the 2012 ballot initiative that legalized marijuana in Washington, which he said more than 66 percent of residents of the unincorporated county voted against. He had previously discussed a non-binding election to determine if public opinion had changed, but said the cost of more than $30,000 eliminated that idea.

Some marijuana supporters in the audience jeered and cursed after the commission’s 3-0 vote to continue the moratorium that’s been in place since September 2013, but only a few farmers interested in growing marijuana spoke during a public hearing.

“It’s been legal in the state of Washington for three years now, and you guys come up here and moratorium it or ban it and say how it doesn’t work out,” said Eddie Ochoa of Connell. “Marijuana’s in this county, it’s not like if you ban it it’s not going to be here. People are getting it from somewhere, why not have a traced, taxed and regulated product growing here in our county? Why does it got to be a black market that’s coming into the county?”

This story was originally published August 19, 2015 at 11:44 AM with the headline "Franklin County passes fifth temporary marijuana ban."