August 29, 2014 2:16 pm

Washington man wants judge to strike down city ban on pot business

Julian Rodriguez, right, of Everson, Wash., holds his two-gram packet of recreational marijuana outside Top Shelf Cannabis, Tuesday, July 8, 2014, in Bellingham, Wash., on the first day of legal sales.

AP Photo/Ted S. Warren

TACOMA, Wash. – A lawyer for a man who wants to open a marijuana shop in the small Washington city of Fife is asking a judge to strike down its ban on marijuana businesses.

The Tacoma suburb is fighting before a judge Friday for its right to remain free of pot businesses, even though such enterprises are now allowed by state law.

The case could have big implications for Washington’s experiment in taxed, regulated marijuana.

READ MORE: What Canadians buying pot in Washington State need to know

Voters legalized pot for adults over 21 in 2012 and decided to establish a system of licensed marijuana growers, processors and sellers.

The city argues that Washington’s law doesn’t override local zoning authority. But if it does, the city also wants Pierce County Superior Court Judge Ronald Culpepper to find that Washington’s entire legal pot scheme should be thrown out as incompatible with marijuana’s prohibition under federal law.

© 2014 The Canadian Press

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