Chapter 5.14
MEDICAL CANNABIS COLLECTIVE GARDEN REGULATORY LICENSE
Sections:
5.14.040 Medical cannabis collective gardens, prohibited.
5.14.050 Medical cannabis dispensaries, prohibited.
5.14.060 Medical cannabis collective garden requirements.
5.14.070 Medical cannabis cooperative garden requirements.
5.14.010 Findings.
The City Council adopts the preamble to the ordinance codified in this chapter as findings to support this chapter and further finds that nothing in this chapter shall be construed to supersede Washington State or federal law pertaining to the acquisition, possession, manufacture, sale or use of cannabis for nonmedical purposes. Nothing in this chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of cannabis for nonmedical purposes. (Ord. C-846 § 1, 2015; Ord. C-834 § 2, 2014)
5.14.020 Purpose.
The purpose of this medical cannabis cooperative garden chapter is to mitigate potential impacts of private medical cannabis facilities, located within a domicile, as authorized under Chapter 69.51A RCW, and further amended through SB 5052, the “Cannabis Patient Protection Act,” on nearby properties and to promote the public health, safety, and welfare through coordinated implementation of zoning regulations. (Ord. C-846 § 3, 2015; Ord. C-834 § 3, 2014)
5.14.030 Definitions.
Definitions established in Chapters 69.50, 69.51, and 69.51A RCW and Chapter 314-55 WAC are incorporated by reference in this chapter, including the following definitions:
A. “Cannabis,” as used here, is the technical designation for “marijuana” and is interchangeable with the term “marijuana.”
B. “I-502” refers to Initiative 502, an initiative passed by the people of Washington State, legalizing the production, processing, and retail sales of cannabis used for recreational purposes.
C. “Senate Bill 5052” (SB 5052) means “The Cannabis Patient Protection Act,” signed by Governor Jay Inslee on April 24, 2015, establishing new standards for medical cannabis facilities in Washington State, requiring most medical cannabis facilities to become regulated and rolled into the “Liquor and Cannabis Board” (the “Liquor Control Board” prior to April 24, 2015) regulatory and licensing system.
D. “Cooperative garden” means those gardens authorized under Chapter 69.51A RCW, and as amended in SB 5052, located within a participant’s domicile, which allow up to four qualifying patients, or patient providers, to assume responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use. A City of Airway Heights home industry permit is required for these types of facilities.
E. “Collective garden” means those gardens authorized under RCW 69.51A.085, allowing up to 10 patients, or patient providers, to assume responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use. After July 1, 2016, collective gardens not meeting the standards of SB 5052 shall not be permitted to locate within the jurisdictional boundaries of Airway Heights.
F. “Designated provider” shall have the definition as provided in RCW 69.51A.010(1) as currently stated or as may be amended.
G. “Cannabis processor” shall have the definition as provided in RCW 69.50.101(t) as currently stated or as may be amended.
H. “Cannabis producer” shall have the definition as provided in RCW 69.50.101(u) as currently stated or as may be amended.
I. “Cannabis retailer” shall have the definition as provided in RCW 69.50.101(w) as currently stated or as may be amended.
J. “Medical cannabis dispensary” means a facility for the dispensing of cannabis and cannabis infused products, for use by “qualifying patient” members as defined in RCW 69.51A.010(4), but not to the general public. Only those medical cannabis dispensaries that meet, or exceed, the full requirements of SB 5052 shall be permitted within the jurisdictional boundaries of Airway Heights.
K. “Qualified patient” shall have the definition as provided in RCW 69.51A.010(4) as currently stated or as may be amended. (Ord. C-846 § 4, 2015; Ord. C-834 § 4, 2014)
5.14.040 Medical cannabis collective gardens, prohibited.
No person may operate a medical cannabis collective garden, as described in RCW 69.51A.085, and as defined in AHMC 5.14.030(E), and further clarified through SB 5052, within the jurisdictional boundaries of Airway Heights. (Ord. C-846 § 5, 2015; Ord. C-834 § 5, 2014)
5.14.050 Medical cannabis dispensaries, prohibited.
No person, party, or organization shall operate a medical cannabis dispensary, as described in AHMC 5.14.030(J), within the jurisdictional boundaries of Airway Heights. The dispensing of cannabis to another party, except within and as part of a medical cooperative as described in AHMC 5.14.030(D), by any entity other than a cannabis retail store licensed by the Washington State Liquor and Cannabis Board, is not permitted within the jurisdictional boundaries of Airway Heights. (Ord. C-846 § 6, 2015; Ord. C-834 § 6, 2014)
5.14.060 Medical cannabis collective garden requirements.
A. License Requirements for Operators. It is unlawful to conduct, operate or maintain a medical cannabis collective garden unless such premises has a current medical cannabis collective garden regulatory license obtained in the manner prescribed in this chapter. “Premises” includes all locations used by a collective garden to grow, store, process, transport, or distribute medical cannabis to its qualified patients.
B. License Applicant Requirements. License applicants and all persons who receive wages, fees, donations or compensation of any kind for performing collective garden activities (“operators”) shall meet the following requirements:
1. Must be a qualified patient or designated provider of a qualified patient and must submit valid documentation, or written designation by a qualified patient with that patient’s valid documentation and proof of identification deemed acceptable by the clerk.
2. Must be at least 18 years of age.
3. May have no felony convictions of state or federal laws within the 10 years preceding date of application.
4. No one with law enforcement or regulatory authority related to medical cannabis collective gardens employed by the City of Airway Heights shall be permitted to obtain a medical cannabis collective garden regulatory license.
C. Premises Requirements. Collective or cooperative garden premises must operate in compliance with the following conditions:
1. All premises or vehicles used or operated by the collective garden or cooperative shall have no greater aggregate quantities of cannabis, cannabis plants or cannabis-containing products than are allowed under RCW 69.51A.085.
2. No more than 10 qualifying patients may participate in a single collective garden or cooperative garden at any time. A copy of each qualifying patient’s valid documentation or proof of registration with the registry established in state law (now or in the future), including a copy of the patient’s proof of identity, must be available at all times on the premises of the collective garden.
3. No cannabis from the collective garden or cooperative garden may be delivered to anyone other than a qualifying patient participating in the collective garden or that patient’s designated provider.
4. No cannabis, cannabis plants or representations of cannabis plants shall be used in signage or advertising or be visible to public view.
5. From a public right-of-way, there shall be no exterior display of medical cannabis cultivation visible outside of the premises.
6. A collective garden or cooperative garden shall be entirely within a permanent enclosed structure with a roof. The structure shall comply with all applicable code requirements.
7. Areas where cannabis is grown, stored or dispensed must be provided with ventilation/air filtration systems so that no odors are detectable off the premises.
8. All premises must comply with the noise control requirements of AHMC 8.08.030(A)(9).
9. No minors shall be permitted on any collective garden or cooperative garden premises unless accompanied by a parent or guardian.
10. Consumption of cannabis, products containing cannabis or alcohol on the premises is prohibited.
11. The premises shall be closed to any distribution of cannabis between the hours of 10:00 p.m. and 7:00 a.m.
12. Any transportation or delivery of cannabis from a collective garden or cooperative garden shall be conducted by the garden members or designated provider so that quantities of medical cannabis allowed by RCW 69.51A.040 are never exceeded. Vehicles used to deliver cannabis may have the name of the collective garden or cooperative garden printed on the vehicle along with related identifying information such as an address and phone number. There shall be no depiction of cannabis, cannabis plants or representations of cannabis plants used as signage or advertising on the vehicle.
13. The premises of the medical cannabis collective garden or cooperative garden shall be identified on the application and subsequently on the regulatory license by its physical street address regardless of whether the product provided to the members of the collective garden or cooperative garden is delivered to the member or if the member receives the product at the collective or cooperative garden’s physical location.
14. A licensed premises must have installed on the premises a security and alarm system that is monitored 24 hours a day to include a video recording system that monitors production, storage and point of sale areas. All video recordings must be continuously recorded 24 hours a day and must be kept for a minimum of 30 days on the licensee’s recording device. All videos are subject to inspection by the City police department upon request.
D. Waste products must be disposed of in a secure manner that would prevent exposure to the public or create a nuisance.
E. Land Use/Zoning Regulations. Medical cannabis collective gardens or cooperative gardens shall comply with all applicable zoning and land use regulations set forth in AHMC Title 17. (Ord. C-834 § 7, 2014)
5.14.070 Medical cannabis cooperative garden requirements.
A. Premises Requirements. Cooperative garden premises must operate in compliance with the following conditions:
1. All premises or vehicles used or operated by the cooperative garden shall have no greater aggregate quantities of cannabis, cannabis plants or cannabis-containing products than are allowed under RCW 69.51A.085.
2. No more than four qualifying patients, or designated providers, may participate in a single cooperative garden at any time. A copy of each qualifying patient’s valid documentation or proof of registration with the registry established in state law (now or in the future), including a copy of the patient’s proof of identity, must be available at all times on the premises of the cooperative garden.
3. The location of the cooperative garden must be within the domicile of one of the participants. Only one cooperative may be located per domicile. Cooperative gardens are not permitted to locate on commercial or industrial zoned properties, or within commercially or industrial zoned structures. An exception to this standard is if a cooperative seeks to locate within a preexisting, approved, nonconforming residence, in which the owner, or recognized tenant, lives as a primary residence, and is a listed member of the cooperative, it may be permitted. If the domicile is a rental unit, not owned by the cooperative member, then a landowner consent form shall be signed by the landowner and submitted to the City.
4. No cannabis from the cooperative garden may be delivered, or provided, to any party other than a qualifying patient participating in the cooperative garden or that patient’s designated provider.
5. No cannabis, cannabis plants or representations of cannabis plants shall be used in signage or advertising or be visible to public view.
6. From a public right-of-way, there shall be no exterior display of medical cannabis cultivation visible from outside of the premises. Outdoor cultivation or growing of cannabis, regardless of sight-obscuring proposals, is not permitted within the jurisdictional boundaries of Airway Heights.
7. A cooperative garden shall be entirely within the domicile of a participating member. The use of accessory structures outside of the domicile, including, but not limited to, garages, sheds, green houses, or storage buildings, for a cooperative garden location, is not permitted.
8. Areas where cannabis is grown, stored or dispensed must be provided with ventilation/air filtration systems so that no odors are detectable off the premises.
9. All premises must comply with the noise control requirements of AHMC 8.08.030(A)(9).
10. Any transportation or delivery of cannabis from a cooperative garden shall be conducted by the garden members or designated provider so that quantities of medical cannabis allowed by RCW 69.51A.040 are never exceeded. Vehicles used to deliver cannabis may have the name of the cooperative garden printed on the vehicle along with related identifying information such as an address and phone number. There shall be no depiction of cannabis, cannabis plants or representations of cannabis plants used as signage or advertising on the vehicle.
B. Waste products must be disposed of in a secure manner that would prevent exposure to the public or create a nuisance.
C. Land Use/Zoning Regulations. Medical cannabis cooperative gardens shall comply with all applicable zoning and land use regulations set forth in AHMC Title 17. (Ord. C-846 § 7, 2015)
5.14.080 Violation.
A. This chapter is subject to the administrative provisions of Chapter 5.04 AHMC.
B. Parties operating under this chapter must comply with all state laws under Chapter 69.51A RCW for medical cannabis.
C. A violation of this chapter is a class 1 civil infraction. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation.
D. Authorized City departments may invoke their powers granted under the Airway Heights Municipal Code to immediately close a facility under this chapter if conditions present an imminent threat to public health and safety and/or it is found that the facility is not licensed by the Washington State Liquor and Cannabis Board or been permitted through the City of Airway Heights, or is operating without the issuance of a City of Airway Heights certificate of occupancy. (Ord. C-846 § 9, 2015; Ord. C-834 § 8, 2014. Formerly 5.14.070)
5.14.090 Nuisance abatement.
In addition to any other available remedy or penalty, any violation of this chapter is declared to be a public nuisance per se, and may be abated under the applicable provisions of Airway Heights Municipal Code and state law. (Ord. C-846 § 9, 2015; Ord. C-834 § 9, 2014. Formerly 5.14.080)