Members of the Woodland City Council are deadlocked over whether to remove the city's last legal roadblock for marijuana producers, but some would-be pot growers and city leaders believe the barrier will fall soon.
The council is considering whether to let state-sanctioned marijuana producers receive city business licenses, even though the producers violate federal law. Council members Marshall Allen, Al Swindell and Scott Perry voted March 16 in favor of changing business license requirements, while council members Marilee McCall, Jennifer Heffernan and Benjamin Fredricks voted against the changes.
Council member Susan Humbyrd was absent and could not be reached for comment. In the past, she voted in favor of the changes. The council will vote on the changes again April 6, Woodland Mayor Grover Laseke said.
Federal officials say they won't stand in the way of Washington's state-approved pot businesses for now, but the city requires businesses comply with state, federal and municipal laws to receive a license.
Washington's Initiative 502 legalized the sale and production of recreational marijuana under state law in 2012. In December, the Woodland City Council passed a zoning ordinance that banned retail marijuana stores but allowed commercial marijuana production in an area west of the railroad tracks.
“West of the railroad tends to be mostly agricultural (land), and it is now a legal agricultural product,” Perry said.
By not allowing marijuana growers to obtain a business license, Perry said council members would be effectively flip-flopping on their previous decision to allow commercial marijuana production.
“I don't think that is right,” Perry said.
Despite its zoning ordinance, Fredricks believes the city is not obligated to give business licenses to marijuana entrepreneurs, he said. Fredricks says the contradiction between state and federal laws should be fixed before Woodland offers licenses to pot growers. The city should also receive a portion of the state tax revenue they generate, he said.
“This is a very complex legal issue that needs to be resolved before cities start taking legal positions on this matter,” Fredricks said.
In February, Woodland Mayor Grover Laseke denied potential marijuana grower New Horizon Holdings a business license because of the requirements. He then asked the council whether they wanted to change the business license requirements. The changes passed a first reading earlier this month, but the council must approve a second reading before they become law. Laseke said he has no plans to veto the changes if they pass a second reading.
“I know that in Kelso they have some (marijuana producers), and they don't even know they're there,” Laseke said.
Greg Bowyer, who submitted New Horizon's application for a business license, said he's confident the business license requirements will change after the April 6 vote. Bowyer plans to have the Washington State Liquor Control Board inspect his facility, located in the 1800 block of Schurman Way, as soon as he gets a business license, he said.
“Nothing's for sure,” Bowyer said, but he hopes to begin production at New Horizon in the next few months.
New Horizons is one of two producers seeking state approval to operate in the area of Woodland zoned for pot production. The second company, Tim Martin Home Inspections, would be located in the 900 block of Goerig Road.
