Chapter 20.08
RECREATIONAL MARIJUANA
Sections:
20.08.030 Prohibited activities.
20.08.040 Use not permitted in any zone.
20.08.050 No vested or nonconforming rights.
20.08.010 Findings.
The council adopts all of the “whereas” sections of the ordinance codified in this chapter as findings to support this ban on recreational marijuana, as well as the following:
A. The purpose of this chapter is to enact a ban on recreational marijuana delivery, production, processing and retailing, which includes a prohibition on the siting of any recreational marijuana businesses licensed by the State of Washington Liquor Control Board. The city council also acknowledges that the state of Washington has not performed any environmental analyses that will assist cities, towns and counties in the adoption of local regulations addressing marijuana uses, or the environmental impacts associated with the individual recreational marijuana businesses. As a result, municipalities must therefore either develop their own analyses or observe these impacts after the fact (in other words, after the recreational marijuana uses locate and begin operations in cities, towns and counties throughout Washington). Then, the municipalities will be required to “fix” the problems stemming from these uses with their already scarce resources.
B. It is also the purpose of this chapter to stem the negative impacts and secondary effects associated with recreational marijuana uses, including but not limited to the extraordinary and unsustainable demands that have been or will be placed upon scarce city policing, legal, policy and administrative resources; neighborhood disruption, increased transient visitors and intimidation; the exposure of school-age children and other sensitive residents to recreational marijuana, illegal sales to both minors and adults; fraud in issuing, obtaining or using marijuana prescriptions and murders, robberies, burglaries, assaults, drug trafficking and other violent crimes.
C. 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 marijuana laws (or this city’s recreational marijuana 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 marijuana 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. (Ord. 1891 § 1, 2015).
20.08.020 Definitions.
For purposes of this chapter, the following definitions apply:
A. “Cannabis,” or marijuana, means all parts of the plant Cannabis, 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. For the purposes of this chapter, “cannabis” 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. The term “cannabis” includes cannabis products and usable cannabis.
B. “Cannabis products” means products that contain cannabis or cannabis extracts, have a measurable THC concentration greater than three-tenths of one percent, and are intended for human consumption or application, including, but not limited to, edible products, tinctures, and lotions. The term “cannabis products” does not include usable cannabis. The definition of “cannabis products” as a measurement of THC concentration only applies to the provisions of this chapter and shall not be considered applicable to any criminal laws related to marijuana or cannabis.
C. “Deliver or delivery” means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
D. “Marijuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than three-tenths of one 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. For the purposes of this chapter, “cannabis” or “marijuana” 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.
E. “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.
F. “Marijuana, usable” means dried marijuana flowers. The term “usable marijuana” does not include marijuana-infused products.
G. “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision of agency or any other legal or commercial entity.
H. “Process” means to handle or process cannabis in preparation for recreational use.
I. “Processor, marijuana” 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.
J. “Producer, marijuana” means a person licensed by the State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
K. “Produce or production” means to manufacture, plant, grow or harvest cannabis or marijuana.
L. “Retailer, marijuana” means a person licensed by the State Liquor Control Board to sell usable marijuana and marijuana-infused products in a retail outlet.
M. “Retail outlet” means a location licensed by the State Liquor Control Board for the retail sale of usable marijuana and marijuana-infused products.
N. “THC concentration” means percent of tetrahydrocannabinol content per weight or volume of usable cannabis or cannabis product.
O. “Usable cannabis or usable marijuana” means dried flowers of the Cannabis plant. The term “usable cannabis or usable marijuana” does not include marijuana-infused products or cannabis products. (Ord. 1891 § 1, 2015).
20.08.030 Prohibited activities.
A. It is unlawful to own, establish, site, operate, use or permit the establishment or operation of a recreational marijuana business, or to produce, process or sell recreational marijuana. This prohibition extends to recreational marijuana producers, processors and retailers, even if the same are licensed by the state of Washington. This prohibition applies to any person who participates as an employee, contractor, agent or volunteer, or in any other manner or capacity in any recreational marijuana business, regardless of whether it has a license from the state of Washington.
B. It is unlawful to lease, rent or otherwise allow any recreational marijuana business or dispensary, or to allow recreational marijuana production, processing or retailing, whether it is located outdoors, indoors, in any building, structure, premises, location or land in the city and regardless of whether activity has been licensed by the state of Washington.
C. The city shall not issue any business license for any recreational marijuana business. Any business license obtained through misrepresentation of the activities conducted by the individual business shall be invalid and of no force and effect. (Ord. 1891 § 1, 2015).
20.08.040 Use not permitted in any zone.
The use of any building, structure, location, premises or land for a recreational marijuana dispensary or recreational marijuana production, processing or retailing is not currently allowed in the city, and such uses and activities are not permitted use(s) in any zone. So long as this chapter remains in effect, the city shall not determine, either through interpretation or otherwise, that the use of any building, structure, location, premises or land as one of these prohibited uses may be permitted in any zone. (Ord. 1891 § 1, 2015).
20.08.050 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 marijuana business, or recreational marijuana producer, processor or retailer, even if licensed by the state of Washington. (Ord. 1891 § 1, 2015).
20.08.060 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. 1891 § 1, 2015).