Chapter 18.56 MARIJUANA-RELATED USES

Chapter 18.56
MARIJUANA-RELATED USES

Sections:

18.56.020 Medical cannabis collective gardens.

18.56.030 State-licensed facilities – Definitions.

18.56.010 Collective garden defined.

“Collective garden” means the growing, production, processing, transportation, and delivery of cannabis, by qualifying patients for medical use, as set forth in RCW 69.51A.085. (Ord. 907 § 1, 2014).

18.56.020 Medical cannabis collective gardens.

“Collective gardens” as defined in NPMC 18.56.010 are prohibited in the following zoning districts:

(1) All single-family and multifamily residential zones including R-5, R-7.2, R-12.5, R-15, R-20, RM-1800, and RM-2400;

(2) All commercial and mixed use zones, including NC and MU;

(3) Any new zoning district established after October 1, 2013.

In addition to any other applicable remedy and/or penalty, any violation of this section is declared to be a public nuisance per se, and may be abated by the city attorney under applicable provisions of this code or state law, including but not limited to the provisions of Chapter 7.88 NPMC. (Ord. 907 § 1, 2014).

18.56.030 State-licensed facilities – Definitions.

(1) Unless the context clearly indicates otherwise, all terms used in this section et seq. shall have the meanings established pursuant to RCW 69.50.101.

(2) “Marijuana” 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 plants, 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 seeds of the plant which are incapable of germination.

(3) “Marijuana processor” means a person licensed by the State Liquor Control Board to process 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.

(4) “Marijuana producer” means a person licensed by the State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

(5) “Marijuana infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana infused products” does not include usable marijuana.

(6) “Marijuana retailer” means a person licensed by the State Liquor Control Board to sell usable marijuana and marijuana infused products in a retail outlet.

(7) “Usable marijuana” means dried marijuana flowers. The term “usable marijuana” does not include marijuana infused products. (Ord. 907 § 1, 2014).

18.56.040 Marijuana-related uses.

(1) The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the city of Normandy Park is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state-licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the city of Normandy Park and then only pursuant to a license issued by the state of Washington. The purpose of these provisions is solely to acknowledge the enactment by Washington voters of Initiative 502 and a state licensing procedure and to permit to, but only to, the extent required by state law marijuana producers, marijuana processors, and marijuana retailers to operate in designated zones of the city.

(2) Marijuana production facilities and marijuana processing facilities are prohibited in the city. The city has no light or heavy industrial zones appropriate for such uses.

(3) Marijuana retailers may locate only in the NC zone, at designated sites licensed by the state of Washington and fully conforming to state law.

(4) In addition to any other applicable remedy and/or penalty, any violation of this section is declared to be a public nuisance per se, and may be abated by the city attorney under the applicable provisions of this code or state law, including but not limited to the provisions of Chapter 7.88 NPMC. (Ord. 907 § 1, 2014).