This court case is active
In 2012, the City of Kent (“Kent”) passed a zoning ordinance that banned “collective gardens,” which are permitted under Washington’s Medical Use of Cannabis Act (“MUCA”) - RCW 69.51A. The case raises an issue – federal preemption – that is of great concern to us. After making a variety of state law arguments for why the collective garden ban is lawful, Kent raises the issue of federal preemption. Specifically, in the event the court determines it is legal to produce/process marijuana or that the city is required to permit collective gardens, the entire medical marijuana statute should be invalidated because of federal preemption. A ruling in favor of federal preemption could have serious consequences for Washington’s MUCA as well as Initiative 502 (“I-502”).