Sticky’s Pot Shop has reopened, but it’s not clear how long that will stick.
The Hazel Dell marijuana store has battled Clark County for more than a year over whether it can set up its business in an unicorporated part of the county where, unlike cities such as Vancouver, marijuana businesses are banned.
Sticky’s was shut down in September 2016 after a Clark County Superior Court judge sided with the county. The case has since been appealed, and owner John Larson paid a $205,000 bond, allowing the shop to open once again.
Sticky’s, 9411 N.E. Highway 99, reopened quietly Sept. 22 and has not officially held a grand opening. Store manager Nick Sorenson said customers have been warm and excited by its revival.
And, despite most employees finding work elsewhere during the hiatus, the shop was able to staff 10 people thanks to a rush of applications.
“A lot of people came in wanting to apply,” he said. “We didn’t have a problem. We’re still getting applications.”
All of the progress could be erased within months, however. The case now goes to the Washington Court of Appeals, Division II, where oral arguments will start Monday.
Mark Nelson, the attorney representing Larson and his company, Emerald Enterprises, said they will maintain their argument that Clark County is violating the state constitution when it prohibits marijuana shops from operating.
Washington voters legalized recreational marijuana in 2012, along with marijuana businesses. According to the Municipal Research and Services Center, 86 cities and counties in Washington have either moratoriums or prohibitions on state-licensed marijuana businesses.
The state Attorney General’s Office has since intervened on the case, as well. It sides with the county, arguing that the passage of marijuana legalization does not protect marijuana businesses from being regulated by local governments.
Vancouver, Battle Ground and Woodland allow marijuana businesses to operate within city limits; Ridgefield, La Center, Camas and Washougal do not.
An opinion on Sticky’s appeal could be issued within months but there isn’t a firm deadline, Nelson said.
And if the judges side with Clark County?
“There’s a danger of that in the future,” Sorenson said. “But I can tell you we will appeal this to the maximum extent, all the way to the Supreme Court if necessary.”
