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Zoning Bulletin May 10, 2018 I Volume 12 I Issue 9 <br />the siting of any state licensed marijuana . . . retailer," the UCSA <br />"acknowledge[d] that local governments retain zoning authority over <br />retail locations." <br />In finding that, with the Ordinance, the County did not exercise unau- <br />thorized power, the court concluded that the UCSA did not specifically <br />remove the County's exclusionary zoning authority. The court found <br />that the regulatory powers the UCSA delegated to the Board did not <br />include nor preclude local governments' zoning authority. Thus, the <br />court concluded that "the Ordinance [did] not conflict with state <br />marijuana laws by exercising authority delegated to the Board." <br />Finally, the court also concluded that the UCSA did not expressly or <br />impliedly preempt the Ordinance. The court found that the only express <br />preemption provided in the UCSA applied to criminal violations of the <br />UCSA. Further, the court found that Emerald "fail[ed] to show that the <br />UCSA impliedly strips the County of its ability to exercise police power <br />through zoning regulation." Moreover, the court found that while the <br />UCSA empowered the Board to "influence the location of marijuana <br />retail outlets" through determining the maximum number of retail loca- <br />tions in a jurisdiction and having the "final say" in retail licensing, the <br />UCSA did not give the Board authority to determine where a store could <br />be located within a given jurisdiction. In sum, the court held that <br />because state law did not explicitly or impliedly occupy the entire field <br />of retail marijuana sales, the County retained its zoning authority. <br />See also: Lawson v. City of Pasco, 168 Wash. 2d 675, 230 P.3d 1038 <br />(2010) (finding a city ordinance was not preempted by Washington's <br />Mobile Home Landlord Tenant Act). <br />See also: Weden v. San Juan County, 135 Wash. 2d 678, 958 P.2d 273 <br />(1998) (finding a local ordinance prohibiting the operation of personal <br />watercraft on all marine waters was not preempted by state vessel <br />registration laws). <br />© 2018 Thomson Reuters 5 <br />