MOSES LAKE - The City of Moses Lake has no current plans to prohibit marijuana retail sales and took the first step this week to recognizing marijuana retail as an "outright permitted use" within certain zoning districts in city limits.

The City Council will likely approve an amendment to include a definition for marijuana retailers during the next council meeting that would establish a regulatory plan to provide for the sale of marijuana within the commercial zoning districts.

City Manager Joseph Gavinski said the city still has the option to attempt to prohibit retail sales, but would likely face a costly lawsuit that would be difficult to win.

"We have done what we can to prepare," he said. "I don't know if we want to be one of those cities in the state of Washington that leads the way (in prohibiting sales)."

Gavinski said there was uncertainty about how the federal government would respond to the implementation of I-502. In a letter to both Washington and Colorado, the U.S. Attorney's Office stated the federal government would not preempt both states from implementing a highly regulated legalized market for marijuana and the states could continue to move forward.

"What it comes down to at this point is that I-502 has passed. It is a law in the state," Gavinski said. "There are going to be (retail) licenses issued come Dec. 1 and it might not be a bad idea to be prepared."

City Attorney Katherine Kenison said cities had three options when I-502 was passed: do nothing, which she said would not be practical, violate federal law and allow retail sales, or violate state law and attempt to prohibit sales.

"When I first started working with this issue and figuring out what options my clients had, it was pretty much a laying of the risks of the options," Kenison said.

The balance of risks change with the delivery of the attorney general's letter to the states, making it a higher risk for cities to prohibit marijuana retail sales and face a lawsuit.

"So with that risk being changed, my advice to my clients is now that if you choose to prohibit it, I think you are taking on a larger risk than you were previously," Kenison said.

Kenison said there are a few cities in the state that have prohibited recreational marijuana and said a lawsuit is likely coming.

Councilmember Jon Lane commented he did not want the city to be the "poster child" for being sued for prohibiting marijuana retail, adding there's likely no other option than to allow it.

Marijuana retail locations would only be allowed in certain commercial zones with the city limits of Moses Lake. In September, city staff mapped out the possible locations to provide a guide for City Council for zoning and business license purposes. The Liquor Control Board has allowed a maximum of two retail locations in Moses Lake and will begin issuing licenses in December. Anyone approved for a retail license will still have to obtain a business license from the city.