What Allowed Pot Store to Open in Pasco, Despite Ban?

The store owners, according to our news partner KNDU-TV, are a little nervous, but business began to "bloom" at a new Pasco pot store that opened Saturday.

But the question is: why did Pasco City officials allow the Lucky Leaf, located at 3411 North Capitol, to open in the first place?

Regardless of one's stance on legalized marijuana,  the City of Pasco, like Richland and Kennewick, have adopted bans that prohibit the growth, processing and sale (and any other related activities) of marijuana.

The reason, as we have said in the past, for these bans is because of the language of I-502. Ever since Attorney General Bob Ferguson issued his non-binding legal opinion nearly two years ago, cities and counties have reacted to the voices in their communities and put bans in place.  Ferguson was asked by several city councils to see if the language in I-502 prevented them from putting their own bans despite it's passing. Ferguson said they could, and he believed it would stand up in court.  It has held up at least four times, including a recent case in Kennewick.

Despite the screams of protest from pro-pot advocates, 18 of 22 Eastern Washington counties soundly defeated I-502, by as much as a 60% margin in counties such as Grant.

But the real question is, how did this one slip through the city cracks?  It's usually common practice for city officials, or even the city council, to review business applications on a regular basis to see what kind of shops and stores people with to open in their community.  In Kittitas County, officials learned of a potential pot store last year by reviewing the business license application.  There was already a ban in place, and they informed the store owner it wasn't going to happen. Officials refused to grant the business license, meaning the frustrated owner couldn't legally open the store.

Pasco officials say they are aware of the store, and will begin the process with the city attorney to get it shut down. But that may take weeks, and in the meantime, Lucky Leaf intends to stay open. The managers say they have a petition to the city with more than 200 signatures asking for the store to stay open. Officials have said nothing about the business license issue.

We will continue to update as this situation develops.