Chapter 20.08
CANNABIS REGULATION
Sections:
20.08.010 Findings and purpose.
20.08.015 Adoption by reference.
20.08.030 Prohibited activities.
20.08.050 Performance standards.
20.08.060 Licensing and permits required.
20.08.070 Signs and advertising.
20.08.080 No vested or nonconforming rights.
20.08.010 Findings and purpose.
A. Pursuant to RCW Title 69 and the requirements of Chapter 314-55 WAC, the state has adopted rules establishing a state-wide regulatory and licensing program for medical and recreational cannabis uses. The purpose of this chapter is to establish where recreational cannabis producers, processors and retail outlets may locate in the city, and to describe the restrictions upon such uses.
B. No part of this chapter is intended to or shall be deemed to conflict with federal law, including, but not limited to, the Controlled Substances Act, 21 U.S.C. Section 800 et seq., the Uniform Controlled Substances Act (Chapter 69.50 RCW) nor to otherwise permit any activity that is prohibited under either Act, or any other local, state or federal law, statute, rule or regulation. This chapter is not intended to address or invite litigation over the question whether the state of Washington’s recreational cannabis laws (or this city’s recreational cannabis laws) satisfy the federal government’s enforcement priorities. Nothing in this chapter shall be construed to supersede Washington State law prohibiting the acquisition, possession, manufacture, sale or use of recreational cannabis in any manner not authorized by Chapter 69.50 RCW. Nothing in this chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein. It is the intention of the city council that this chapter be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass. The specific development standards provided in this chapter shall be in addition to the zoning and development standards generally applicable to the proposed use and the relevant zoning district. (Ord. 2098 § 1, 2024).
20.08.015 Adoption by reference.
The city hereby adopts WAC 314-55-010 through 314-55-540 by reference, as well as RCW 69.50.101. Pursuant to RCW 35A.12.140, a copy of these rules and the statutes adopted by reference are on file in the office of the city clerk for use and examination by the public. (Ord. 2098 § 1, 2024).
20.08.020 Definitions.
For purposes of this chapter, the definitions set forth in WAC 314-55-010 and RCW 69.50.101 shall apply. (Ord. 2098 § 1, 2024).
20.08.030 Prohibited activities.
A. It is unlawful to own, establish, site, operate, use or permit the establishment or operation of a recreational cannabis-related business, or to produce, process or sell recreational cannabis without the statutorily required license issued by the Washington State Liquor and Cannabis Board. It is further unlawful to own, establish, site, operate, use or permit the establishment or operation of a recreational cannabis business, or to produce, process or sell recreational cannabis without an approved and issued city of Pacific business license and any other permits and licenses as may be required by the city now and in the future.
B. It is unlawful to own, establish, operate, use, participate in or permit the establishment or operation of a medical marijuana collective garden or a cooperative, or to participate as an employee, contractor, agent or volunteer or any other manner or capacity in any collective garden or cooperative, even if the same is licensed/registered with the state of Washington. (Ord. 2098 § 1, 2024).
20.08.040 Location criteria.
A. A cannabis producer, processor or retail outlet may not be located within a distance of 1,000 feet of the following land uses:
1. Elementary schools;
2. Secondary schools; and
3. Playgrounds.
B. The city finds that the reduction of buffers for public parks, recreation/community centers, libraries, child care centers, arcades, and public transit centers will not negatively impact the city’s civil regulatory enforcement, criminal law enforcement interest, public safety, or public health. Therefore, a cannabis producer, processor or retail outlet may be located within 1,000 feet, but no closer than 100 feet, of the following land uses as of the date the application was received by the city:
1. Childcare centers;
2. Libraries;
3. Public parks;
4. Arcades;
5. Recreational centers; and
6. Transit centers.
C. A cannabis retail outlet may not be located within 2,000 feet of another cannabis retail outlet.
D. For the purposes of this section, distance shall be measured as prescribed in WAC 314-55-050(2).
E. The following figures, Figures 1a and 1b, shall define the areas where cannabis retail outlets, producers, and processors may locate within the city. Questions pertaining to the areas defined by Figures 1a and 1b shall be decided by the director of community development utilizing all resources available to them, including, but not limited to, planning commission consultation.
Figure 1a
Figure 1b
(Ord. 2098 § 1, 2024).
20.08.050 Performance standards.
A. All proposed and licensed operations must prove consistency with and continued compliance with the requirements of WAC 314-55-075, 314-55-077, and 314-55-079 (and all applicable rules and regulations promulgated thereunder).
B. The city imposes the following standards, which may be more restrictive than state law:
1. Cannabis production may only take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. (Ord. 2098 § 1, 2024).
20.08.060 Licensing and permits required.
A. A valid, current license is required from the Washington State Liquor and Cannabis Board for operation of any recreational cannabis producer, processor or retail outlet. A copy of this license shall be submitted to the city as part of the complete application for a conditional use permit.
B. An approved conditional use permit is required, meeting all provisions of Chapter 20.20 PMC, and must be obtained before establishing a recreational cannabis producer, processor or retail outlet use within the city boundary.
C. Additional development permits and building permits may be required as set forth under the applicable sections of the PMC.
D. A valid, current state and city business license, the process for which is set forth in PMC Title 5, is required for operation of any recreational cannabis producer, processor or retail outlet.
E. The city shall limit the number of recreational cannabis business licenses to one producer, one processor, and two retail outlets. Business licenses are personal and are not transferrable. (Ord. 2098 § 1, 2024).
20.08.070 Signs and advertising.
All signage and advertising for a recreational cannabis producer, processor, or retail outlet shall comply with all applicable provisions of the Pacific Municipal Code, including Chapter 20.84 PMC, and WAC 314-55-155 (and all applicable rules and regulations promulgated thereunder). (Ord. 2098 § 1, 2024).
20.08.080 No vested or nonconforming rights.
Neither this chapter nor any other city ordinance, city action, failure to act, statement, representation, certificate, approval, or permit issued by the city or its departments, or their respective representatives, agents, employees, attorneys or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding any recreational cannabis business, or recreational cannabis producer, processor or retailer, even if licensed by the state of Washington. (Ord. 2098 § 1, 2024).
20.08.090 Violations.
Any violations of this chapter may be enforced as set forth in Chapter 20.82 PMC (Enforcement), or, as applicable, the Uniform Controlled Substances Act, Chapter 69.50 RCW. In addition, violations of this chapter may be deemed to be a public nuisance and may be abated by the city under the procedures set forth in state law for the abatement of public nuisances. (Ord. 2098 § 1, 2024).