Three state-licensed I-502 retailers are suing the city of Fife

 Most of Western Washington has been embracing I-502. The additional tax-revenue, and police forces that are freed up to fight real crime, have made the new laws popular with citizens. But some communities aren’t welcoming the burgeoning recreational cannabis industry. Last month, three state licensed I-502 retailers sued the city of Fife. The lawsuit charged the city of Fife with interfering with the voters’ wishes by failing to uphold I-502.

Though this case may only be between a few retailers and a small municipality, it has big implications for the entire state. Does a city have the right to go against the will of the voters? And in a case where the state law directly contradicts federal law, who has authority on the final ruling?

The case, MMH, LLC v. Fife, has been in court since early August. In late August, a court ruling upheld Fife’s ban on I-502 retailers. Attorney General Bob Ferguson presented the judges ruling that nothing in I-502 required local governments to uphold the state legislation.

 “Today’s ruling affirms the opinion of my office earlier this year and allows Initiative 502 to continue to be implemented in Washington State. As I have said from the beginning, the drafters of Initiative 502 could have required local jurisdictions to allow the sale of recreational marijuana. It could have been done in a single sentence, but it was not,” Ferguson stated.

“Now it is up to the Legislature to decide whether to require local governments to allow for the sale of marijuana,” the Attorney General concluded.

Some were surprised at Attorney General Ferguson’s cooperation with Fife. Ferguson has been a powerful advocate for I-502. But Ferguson’s decision to side with Fife was strategic. By shutting the prosecution down in the early stages, Ferguson avoided what could end up being a Federal battle. Ferguson’s move to avoid Federal court is a wise one. Despite cannabis’s legal status in the state of Washington, according to the U.S. Controlled Substances Act, cannabis is still very much illegal.

Despite the attorney general stepping in to side with the judge, this case is far from over. The American Civil Liberties Union still considers this case active, and more legislation is expected. Attorney General Ferguson stated that he expects the state Supreme Court to get involved.

“It’s precisely the issue the state Supreme Court is likely to provide guidance on to the state,” said Ferguson.

The outcome of this case will be indicative of what’s to come with future I-502 legislation. Whether or not Fife’s recreational cannabis stores are allowed to open, the ruling could have consequences that reach much farther than Fife. With the fragile state of legal cannabis in the U.S., every legal decision counts.