40.260.115    Marijuana Facilities

A.    Purpose.

    The purpose of this section is to implement Chapter 69.50 RCW, the Washington Uniform Controlled Substances Act, and Chapter 314-55 WAC, which address the producing, processing, and retailing of marijuana. This section addresses the facilities for such uses by establishing criteria to adequately separate such facilities from schools, community centers, parks, licensed daycare facilities, and other such facilities, and to establish minimum performance standards to address public health and safety impacts from such facilities.

(Amended: Ord. 2017-07-04; Ord. 2019-07-01; Ord. 2020-03-01; Ord. 2020-10-11)

B.    Applicability.

1.    This section shall apply to all unincorporated areas of the county.

2.    The location restrictions and special standards in this section apply to any facility that:

a.    Is a producer of marijuana as defined in WAC 314-55-075;

b.    Is a processor of marijuana as defined in WAC 314-55-077; or

c.    Is a retailer of marijuana as defined in WAC 314-55-079.

3.    This section does not pertain in any respect to medical marijuana cooperatives as defined in WAC 314-55-410.

(Amended: Ord. 2017-07-04; Ord. 2019-07-01; Ord. 2020-03-01; Ord. 2020-10-11)

C.    Definitions. For purposes of this section, the following definitions shall apply:

Marijuana

“Marijuana” means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than three-tenths (0.3) percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:

(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or

(2) Industrial hemp as defined in RCW 15.120.010.

(Source: RCW 69.50.101(2)(x))

Marijuana processor

“Marijuana processor” means a facility licensed by the Washington State Liquor and Cannabis Board to transform marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers. Processors are classified as follows:

•    Processor I: a facility limited to drying, curing, trimming, and packaging; and

•    Processor II: a facility that extracts concentrates, infuses products, or involves mechanical and/or chemical processing in addition to drying, curing, trimming, and packaging.

Marijuana producer

“Marijuana producer” means a facility licensed by the Washington State Liquor and Cannabis Board for the growing and sale at wholesale of marijuana to marijuana processors and other marijuana producers.

Marijuana retailer

“Marijuana retailer” means a facility licensed by the Washington State Liquor and Cannabis Board for the sale to consumers of usable marijuana and marijuana-infused products.

Medical marijuana cooperative

“Medical marijuana cooperative” means a group of qualifying patients or designated providers who may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of members of the cooperative.

Substance use disorder treatment facility

“Substance use disorder treatment facility” means a facility that is licensed or certified by the Washington Department of Health to provide substance use disorder treatment pursuant to the standards established by state law.

(Amended: Ord. 2017-07-04; Ord. 2019-07-01; Ord. 2020-03-01; Ord. 2020-10-11)

D.    Location Standards.

1.    Subject to Section 40.260.115(D)(1)(d), marijuana facilities as defined in Section 40.260.115(C) may be sited as follows:

a.    Marijuana production facilities may be allowed on legal parcels of at least five (5) acres in size zoned AG-20 and FR-40, and on legal conforming parcels zoned IL and IH.

b.    Marijuana processing facilities may be allowed on legal parcels as follows:

(1)    Processor I facilities, on legal conforming parcels zoned IL, IH, and BP;

(2)    Processor I facilities, on parcels of at least five (5) acres in size zoned AG-20 and FR-40, but only as accessory to licensed production facilities; and

(3)    Processor II facilities, on parcels zoned IH, IL, and BP.

c.    Marijuana retailing facilities may be allowed on legal conforming parcels zoned GC and CC.

d.    No production or processing facilities are allowed within one thousand (1,000) feet of the perimeter of the grounds of the following entities. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the entities listed below pursuant to WAC 314-55-050:

(1)    Elementary or secondary school;

(2)    Public playground;

(3)    Recreation center or facility, including the Clark County Events Center;

(4)    Child care center;

(5)    Public park;

(6)    Public transit center;

(7)    Library;

(8)    Any game arcade where admission is not restricted to persons aged twenty-one (21) or older;

(9)    Churches and religious facilities; or

(10)    Substance use disorder treatment facilities.

e.    Except as limited by WAC 314-55-050(11)(a), no retail facilities are allowed within five hundred (500) feet of the perimeter of the grounds of the following entities. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the entities listed below pursuant to WAC 314-55-050:

(1)    Recreation center or facility, including the Clark County Events Center;

(2)    Child care center;

(3)    Public park;

(4)    Public transit center;

(5)    Library;

(6)    Any game arcade where admission is not restricted to persons aged twenty-one (21) or older;

(7)    Churches and religious facilities; or

(8)    Substance use disorder treatment facilities.

2.    Where allowed, production and processing facilities may co-locate on the same parcel, if they otherwise meet the requirements of Chapter 314-55 WAC and this section.

(Amended: Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2019-07-01; Ord. 2020-03-01; Ord. 2020-10-11)

E.    Development Standards.

1.    The requirements of Chapter 314-55 WAC are considered minimum standards for the purposes of this section.

2.    Any facilities as described in Section 40.260.115(B)(2) shall be located entirely within an enclosed and secure structure with an engineered foundation, and shall be constructed in compliance with Titles 14 (Buildings and Structures), 15 (Fire Prevention), and 24 (Public Health).

3.    Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana business is located.

4.    Cannabis plants shall not be visible from the public right-of-way or any public place.

5.    Signs.

a.    In accordance with RCW 69.50.369, licensed marijuana retailers shall not display any signage in a window, on a door, or on the outside of the premises of a retail outlet that is visible to the general public from a public right-of-way, other than two (2) signs no larger than one thousand six hundred (1,600) square inches each identifying the retail outlet by the licensee’s business or trade name.

b.    No signs for production and processing facilities are allowed.

c.    Signs shall be subject to applicable sections in Chapter 40.310 and Appendix F, Section 8.4.

6.    Hours of operation for retailing facilities shall be between 8:00 a.m. and 11:00 p.m.

7.    Measures shall be implemented to prevent adverse health and safety effects to nearby residents from odors, noise, noxious gases, light, smoke and security.

a.    Odors. Facilities shall not create odors or smoke that is objectionable to residents or employees of adjacent properties.

b.    Lighting. All lights used for security shall be shielded or positioned to prevent glare impacts to nearby properties.

c.    Noise. Maximum noise levels of WAC 173-60-040 shall not be exceeded.

d.    Security. Security measures shall include, at a minimum, the requirements of WAC 314-55-083 and Title 14.

e.    Waste Disposal. Waste materials generated from any facility must be disposed of in accordance with the plan filed as part of the license application.

(Amended: Ord. 2019-07-01; Ord. 2020-03-01; Ord. 2020-10-11)

F.    Approval Process.

    Applications for production, processing, and retailing facilities shall be considered using a Type II process pursuant to Section 40.510.020.

(Amended: Ord. 2019-07-01; Ord. 2020-10-11)

G.    Enforcement.

    Violations of this chapter shall be subject to enforcement action as contained in Title 32, Enforcement.

(Amended: Ord. 2014-05-07; Ord. 2019-07-01; Ord. 2020-10-11)