Chapter 8.26
CANNABIS
Sections:
8.26.010 Findings of fact.
The city council finds that the production, manufacture, processing, delivery, distribution, possession, or use of cannabis for medical purposes for which there is an affirmative defense under state law may be a nuisance by unreasonably annoying, injuring, or endangering the comfort, repose, health, or safety of others; by being unreasonably offensive to the senses; by being an unlawful act; or by otherwise violating municipal regulations, federal law, or state law. (Ord. 3309-12 § 1(B), 2012)
8.26.020 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
A. “Cannabis” or “marijuana” means all parts of the plant cannabis, commonly known as marijuana, whether growing or not; 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.
B. “Cannabis garden” means any place, area, or garden where cannabis is produced or processed and either (1) the person producing or processing the cannabis is not a qualifying patient or designated provider, (2) a copy or copies of the valid documentation of the qualifying patient(s) who own or share responsibility for the garden are not available at all times on the premises, or (3) the number of plants or useable cannabis on the premises exceeds the limits set forth in RCW 69.51A.040(1)(a), 69.51A.040(1)(b), or 69.51A.085, or the garden is not otherwise in full compliance with RCW 69.51A.040(1)(a), 69.51A.040(1)(b), or 69.51A.085. “Cannabis garden” does not include a place, area, or garden where cannabis is produced or processed if such activity is conducted pursuant to a license or permit issued by the state.
C. “Collective garden” means any place, area, or garden where qualifying patients (as defined in RCW 69.51A.010) share responsibility and engage in the production, processing, and/or delivery of cannabis for medical use, as set forth in RCW 69.51A.085, in full compliance with all limitations and requirements set forth in RCW 69.51A.085. “Collective garden” does not include any office, meeting place, or club associated with a collective garden which is not located within the same structure as the collective garden itself. “Collective garden” does not include a garden where members are replaced in less than fifteen days or membership is otherwise manipulated to allow more than ten qualifying patients to obtain marijuana from the same or substantially the same physical location, plants, operation, or enterprise. “Collective garden” does not include any garden where the cannabis has previously been part of another collective garden or part of a cannabis garden.
D. “Dispensary” means any place where cannabis is delivered, sold, or distributed or offered for delivery, sale, or distribution. Dispensary does not include a private residence where a designated provider delivers medical cannabis to his or her qualifying patient or a private residence where a member of a collective garden delivers medical cannabis to another member of the same collective garden. Dispensary does not include a collective garden, but does include any office, meeting place, club, or other place which is not located within the same structure as the collective garden itself where medical cannabis is delivered regardless of whether the delivery is made to another member of the collective garden. Dispensary does not include a place where cannabis is delivered, sold, or distributed or offered for delivery, sale, or distribution if such activity is conducted pursuant to a license or permit issued by the state.
E. The definitions of “deliver” or “delivery,” “dispense,” “dispenser,” “distribute,” “distributor,” “manufacture,” “person,” and “production” contained in Chapter 69.50 RCW and the definitions of “designated provider,” “qualifying patient,” and “valid documentation” contained in Chapter 69.51A RCW are hereby incorporated by reference. (Ord. 3309-12 § 2, 2012)
8.26.030 Public nuisance.
The following specific acts, omissions, places, and conditions are declared to be public nuisances per se, including, but not limited to, any one or more of the following:
A. Any cannabis garden.
B. Any dispensary.
C. Any collective garden located in any of the following use zones: A-1, R-S, R-S-1, R-1, R-1(A), R-2, R-2(A), R-3(L), R-3, R-4, R-5, UR, B-1, B-2, B-2(B), C-1, C-1R, UM, W-C, M-S, BMU, C-2, ULI, WRM, P, AQ, or OS.
D. Any collective garden on a parcel located within one thousand feet of any of the following use zones: R-S, R-S-1, R-1, R-1(A), R-2, R-2(A), R-3(L), R-3, R-4, or R-5.
E. Any collective garden on a parcel located within five hundred feet of another parcel containing a collective garden.
F. Any collective garden on a parcel which contains another collective garden or a cannabis garden.
G. Any collective garden that is not fully enclosed within a structure.
H. Any place where cannabis is visible to the public or is visible from property owned or leased by another person or entity. This includes smoking cannabis in a manner that it is visible from public property or from property owned or leased by another person or entity.
I. Any place that cannabis can be smelled from a public place or from a property owned or leased by another person or entity.
J. Any place bearing a sign or placard advertising cannabis for sale or delivery.
K. Any collective garden where a person under twenty-one is allowed to be present.
L. Any place, other than a private residence, where cannabis is smoked or ingested.
M. Any place where any violation of Chapter 69.50 RCW occurs and for which the affirmative defense created by Chapter 69.51A RCW would not apply.
N. Any place where any production, manufacture, processing, delivery, distribution, possession, or use of cannabis occurs for which there is not an affirmative defense under state law.
O. Any collective garden that does not comply with all other applicable regulations or code requirements. (Ord. 3617-18 § 4, 2018: Ord. 3309-12 § 3, 2012)
8.26.040 Civil remedy.
This chapter creates a civil remedy and does not alter or affect any criminal law governing the production, manufacture, processing, delivery, distribution, possession, or use of cannabis. (Ord. 3309-12 § 4, 2012)
8.26.050 Enforcement.
Any violation of this chapter is subject to enforcement under the provisions of Chapter 1.20 or through action of the city attorney seeking injunctive or other civil relief in any court of competent jurisdiction. The violator will be responsible for costs, including reasonable attorney fees. (Ord. 3309-12 § 5, 2012)
8.26.060 Sunset.
Repealed by Ord. 3383-14. (Ord. 3309-12 § 11, 2012)