Snohomish Council Blocks Clearview Cannabis Buffer Change

The Snohomish County Council voted 3-2 on Wednesday to reject a code change that would have permitted a second cannabis retailer in the Clearview Rural Commercial zone. The decision keeps the separation distance between pot shops at 10,000 feet, a buffer that effectively limits the zone to a single store.

The proposed ordinance sought to lower the buffer to 2,500 feet, aligning Clearview with the code in the City of Everett. Council member Sam Low introduced an amendment that replaced the term "marijuana" with "cannabis" and removed all adjustments to the 10,000-foot distance. Jared Mead, Nate Nehring, and Low voted for the amendment, while Strom Peterson and Megan Dunn voted against it.

The Clearview commercial zone comprises 115 acres divided into two sections along Highway 9. According to a 2019 staff report from the County Planning Commission, more than 3,500 residents live in the unincorporated area, located 10 miles southeast of Everett. A 2022 email from county staff member Ryan Countryman noted that the two parts of the zone span 8,270 feet, or 1.57 miles. Because the total length is less than the required 10,000-foot buffer, only one retailer can operate within the zone under the current rules.

Patrick Gahan, who sought to open Hangar 420 in Clearview, argued that the larger distance lacked evidence of a public safety benefit. He stated that allowing the location to open would generate jobs, economic activity, and additional tax revenue. Gahan signed a five-year lease in December 2024 and received the keys on January 1, 2025. He began rehabilitating the property, which had operated as a cannabis retailer for about a decade, and completed the work in February 2025.

County officials informed Gahan and his landlord in February 2025 that the 10,000-foot separation requirement prevented the store from opening. Gahan opened the Clearview location on June 30 to keep the state license valid, which was set to expire in July. The license had been moved from a closed Lynnwood store called Green Lady marijuana to the Clearview site in March 2025.

Thomas Huffacker, a Clearview resident, spoke during public comment, stating that the community had been clear about not needing another dispensary. He noted that the area, known as "The Green Mile" in 2014, once had eight dispensaries between Maltby and Cathcart, four of which were on Highway 9. The Clearview Community Association was founded to advocate for fewer shops. The county council established a moratorium on new retail at that time, grandfathering in four existing stores. Over time, three closed, leaving only The Kushery.

The moratorium prevented The Kushery owner Josh Shade from relocating his store in 2021. In 2023, the council lifted the moratorium and established the 10,000-foot buffer unanimously. Jared Mead, who represents the Clearview area, said in a July interview that the countywide separation was chosen to preserve rural protections and apply consistently across Snohomish County.

The county sued to close Hangar 420 after it opened. Superior Court Judge Cindy Larsen granted an injunction on July 18, pausing the store's operations while the lawsuit continues. Lori McConnell, secretary of the Clearview Community Association, expressed relief after the vote. She said the association hopes to resume meetings and expressed sympathy for Gahan, suggesting he could have saved money by stopping his efforts in March 2025.

Gahan said he was disappointed by the outcome, particularly regarding the vote of council member Nate Nehring. Gahan believed Nehring would support the code amendment after review. Nehring said he supported revisiting regulations if they had unintended consequences but had concerns about changing rules after the fact for an operator who proceeded despite being advised the use violated code. Gahan stated he would continue gathering signatures and encouraging residents to contact the council.