Chapter 19.53
MARIJUANA PRODUCER, PROCESSOR, RETAILER USES AND ACTIVITIES PROHIBITED – ILLEGAL USES
Sections:
19.53.020 Illegal uses prohibited – Marijuana producer, processor, retailer.
19.53.030 No nonconforming uses.
19.53.010 Definitions.
A. “Marijuana” or “marihuana” means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 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 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.
B. “Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than 60 percent. The term “marijuana-infused products” does not include useable marijuana or marijuana concentrates.
C. “Marijuana processing” means a person or business processing marijuana into useable marijuana and/or marijuana-infused products, and/or packaging and labeling useable marijuana and/or marijuana-infused products for sale in retail outlets, and/or selling useable marijuana and marijuana-infused products at wholesale to marijuana retailers.
D. “Marijuana producing” means a person or business producing and/or selling marijuana at wholesale to marijuana processors and other marijuana producers.
E. “Marijuana retailing” or “marijuana retailer” means a person or business selling useable marijuana, marijuana concentrates, and/or marijuana-infused products in a retail outlet.
F. “Marijuana, useable” (or “useable marijuana”) means dried marijuana flowers. The term “marijuana, useable” does not include either marijuana concentrates or marijuana-infused products.
G. “Medical marijuana collective garden” means the growing of medical cannabis by qualifying patients as provided in Chapter 69.51A RCW, now or hereafter amended, and subject to the provisions of this section. A collective garden may also include ancillary processing and distribution of medical cannabis to support the collective garden. Medical marijuana collective gardens are a prohibited land use in the City. In addition, a location used solely for processing or distributing medical cannabis, or not meeting the requirements of this section, shall not be considered a collective garden and is also prohibited. [Ord. 756 § 2, 2015.]
19.53.020 Illegal uses prohibited – Marijuana producer, processor, retailer.
A. The production, processing and retail sales of marijuana and marijuana-infused products, all as defined in Initiative Measure No. 502, as codified in RCW Title 69, and implementing regulations in Chapter 314-55 WAC, and the operation of a medical marijuana collective garden are each prohibited and not allowed in any zone in the City of Everson. Marijuana processing, marijuana producing, marijuana retailing, and the operation thereof are each individually considered a prohibited use in all zones in the City. This prohibition is supplemental to and in no way limits the scope or effect of subsection B or C of this section.
B. No person holding, or claiming to hold, a license from any State regulatory agency or County regulatory agency to produce, process, sell or distribute marijuana, marijuana-infused products, or any derivates or resin-based derivatives of the cannabis plant, including but not limited to licenses issued pursuant to Chapter 69.50 RCW and Chapter 314-55 WAC, shall operate, maintain, cause or allow to exist any marijuana-based business or a medical marijuana collective garden in any zoning district within the City. This prohibition is supplemental to and in no way limits the scope or effect of subsection A or C of this section.
C. No use that is illegal under, or contrary to any City, State or Federal law or statute shall be allowed in any zoning district within the City of Everson, unless otherwise specifically and expressly allowed for in the Everson Municipal Code. This prohibition is supplemental to and in no way limits the scope or effect of subsection A or B of this section. [Ord. 756 § 2, 2015.]
19.53.030 No nonconforming uses.
No use that constitutes or purports to be a marijuana producer, processor, or retailer, as those terms are defined in this chapter, that was engaged in that activity prior to the enactment of the ordinance codified in this chapter shall be deemed to have been a legally existing use under the provisions of the Everson Municipal Code, and that use shall not be entitled to claim legal nonconforming status. Any use currently in operation as a marijuana producer, processor, or retailer without a valid city business license on the date of the passage of the ordinance codified in this chapter is not a legal nonconforming use. [Ord. 756 § 5, 2015.]