CLEARVIEW — On June 30, the marijuana retailer Hangar 420, which has locations in Snohomish and Lynnwood, opened its third shop at the intersection of Highway 9 and 180th Street in Clearview.
The act sparked a legal dispute with the county.
County code prohibits marijuana retail stores from being located within 10,000 feet (just shy of 2 miles) of each other in the Clearview Rural Commercial zone. Hangar 420 opened even after being told of this, according to an email from County Code Enforcement within the county’s Planning and Development Services department.
Hangar 420’s Clearview took over the space formerly occupied by The Kushery. The Kushery moved up the road on Highway 9 within the same zone that is less than 10,000 feet away from this spot.
A representative for Hangar 420, David Toyer with Toyer Strategic Advisors, said Hangar 420’s leased location has historically had marijuana businesses and there are precedence rights that allow its continued use. The Kushery occupied the building as recently as 2024.
“We believe there is a legal allowance for Hangar 420 to be in that building according to code,” Toyer said in an interview last week. Toyer’s company is helping guide Hangar 420 through the permit and land use process.
There is also a “first-in-time” issue about which business has a priority to operate a marijuana retail business. The code states that an existing retailer proposing to relocate has priority over a new applicant. In addition, if two or more applications are submitted to the state Liquor and Cannabis Board, a “first in time” determination will be based on the date and time a license is issued, according to the code interpretation.
Toyer argues that the existing rights on an existing facility should give Hangar 420 precedence over The Kushery.
The county noted in the code interpretation that The Kushery received a state license on Jan. 8 for its new location while Hangar 420 received its license on April 23. The Kushery bought a building and relocated there. Hangar 420 is leasing its space.
County code enforcement referred the matter to the County Prosecuting Attorney’s office, which has begun a court process. Toyer said he met with a judge last week and is scheduled to meet again this week.
Toyer requested in May that Snohomish County provide a code interpretation about Hangar 420’s Clearview location.
Hangar 420 can appeal the code interpretation to the County Hearing Examiner. Such an appeal must be filed by July 10.
An email submitted through Hangar 420’s website and a phone call to Hangar 420’s Snohomish-based store on Airport Way seeking the owner weren’t returned by deadline.
Marijuana businesses are a touchy topic in Clearview. It’s because of the number of retail businesses that have appeared since 2013 when the county allowed marijuana retail in unincorporated Snohomish County. The County Council established the current 10,000-foot buffer between marijuana businesses in all rural areas in 2023.
Kevin Sarbora, head of the Clearview Community Association for the residents in Clearview, noted at one time there were eight marijuana shops in Clearview. Hangar 420 makes people concerned about establishing a precedent for code violations in Clearview.
“It’s more about playing by the rules,” Sarbora said July 3.
A community meeting took place in March about Hangar 420’s new location where a county code enforcement supervisor openly said the county would pursue code enforcement action against Hangar 420.
