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 "The Gallery" is similar to more than 100 other lawful
state-licensed marijuana retail shops and hundreds of medical
dispensaries in Washington state, with one exception: It is
operating in defiance of local law.
Its opening on Sunday set up a potential showdown with authorities
in Pierce County, about an hour outside Seattle, which has
effectively banned recreational pot shops in unincorporated areas so
long as the drug remains illegal under federal law, even as medical
pot businesses flourish virtually unregulated.
"We didn't do this to pick a fight with the county," said co-owner
Tedd Wetherbee, 47, in between chatting up customers in his shop in
Parkland, in unincorporated Pierce County.
"But at the same time we are state-licensed legitimate businessmen
that want to do what the county seems to let other people do without
any license."
Since Washington state legalised recreational marijuana in a
landmark 2012 vote that ushered in licensed retail pot shops in
July, scores of municipalities have passed laws curbing their
operations, from constricted zoning to outright bans.
That has frustrated would-be pot entrepreneurs, such as Wetherbee,
who are keen to capitalize on what they call a glut of
recreational-use marijuana products with few stores licensed to sell
it. Fifty-four percent of Pierce County voters backed marijuana
legalization.
"This act of theater will either embolden a bunch of other people to
do it, or it will create really great PR for him," said Dominic
Corva, executive director at the Center for the Study of Cannabis
and Social Policy.
Wetherbee has argued in lawsuits that local pot-business bans that
scuttled his retail plans in two other towns violate state law, and
says it makes little sense to ban tightly regulated retail
establishments while allowing medicinal shops to operate unchecked.
State lawmakers are weighing proposals to license medical-use stores
to, among other things, ensure their products are safe, a move
entrepreneurs say would help level the regulatory playing field.
NONDESCRIPT
Amid that uncertain landscape, Pierce County authorities say they
have visited The Gallery for several inspections and advised
Wetherbee he lacked proper permitting.
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Pierce County, which had objected to Wetherbee's application for a
state retail pot license but failed to block it, could issue
noncompliance and cease-and-desist orders as early as Thursday that
could cost up to $1,000 in daily fines if ignored.
Washington state's top lawyer has said the recreational marijuana
law does not prevent local governments from banning pot businesses.
But state regulators who grant the licenses do not consider local
laws in their review process.
"We have issued other state licenses in places where there are bans
and moratoriums, though he is the only retailer that I have heard
of, but there may be others," said Liquor Control Board spokesman
Brian Smith.
There was no sign of controversy on Tuesday in Wetherbee's shop,
where pot products are displayed beside sculptures and abstract art.
Its nondescript entrance contrasts sharply with the bold signage of
a gun shop next door.
A cut-out of former President Bill Clinton invites shoppers to
"please feel free to inhale." A security guard checks that patrons
are at least 21 years old. Sealed bags of cannabis strains sell for
about $14 to $24 per gram.
Among the patrons was a construction worker who uses marijuana to
"kick back" and a 29-year-old former U.S. Army medic battling
insomnia and anxiety since returning from Afghanistan and Iraq.
"I was going to a store down in the city (Tacoma), but this is a lot
closer to my house," said the former soldier, who gave his name only
as Josh. "I like the environment a lot better too, the gallery
feel."
(Reporting by Eric M. Johnson; Editing by Cynthia Johnston, Mohammad
Zargham and Clarence Fernandez)
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