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CANNABIS ACTION COALITION v. CITY OF KENT

No. 90204-6.

351 P.3d 151 (2015)

CANNABIS ACTION COALITION, Arthur West, David Hallin, Plaintiffs, Steve Sarich, John Worthington, and Deryck Tsang, Petitioners, v. CITY OF KENT, a local municipal corporation, Kent City Council, Kent Mayor, State of Washington, Respondents.

Supreme Court of Washington, En Banc.

Decided May 21, 2015.

Attorney(s) appearing for the Case

David Scott Mann , Gendler & Mann LLP, Seattle, WA, for Petitioners.

Thomas C. Brubaker , Arthur Merritt Fitzpatrick , David Andrew Galazin , City of Kent Legal Department, Kent, WA, for Respondents.

Noah Guzzo Purcell , Washington Attorney General's Office, Jeffrey Todd Even , Office of the Attorney General, Solicitor General Division Attorney General, Attorney at Law, Olympia, WA, amicus counsel for State of Washington.

Sarah A. Dunne , Attorney at Law, Mark Muzzey Cooke , ACLU of Washington, Jared Van Kirk , Garvey Schubert Barer, Seattle, WA, amicus counsel for Aclu.

David Scott Mann , Gendler & Mann LLP, Seattle, WA, for other parties.

¶ 1 Under the Washington State Medical Use of Cannabis Act (MUCA), chapter 69.51A RCW, qualifying patients may participate in "collective gardens" to pool resources and grow medical marijuana for their own use. RCW 69.51A.085(1).1 However, MUCA grants cities and towns the power to zone the "production...

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