Chapter 8.80
COLLECTIVE MEDICAL CANNABIS GARDENS
Sections:
8.80.020 Administration and authority.
8.80.040 Eligibility for license.
8.80.050 Application submittal requirements.
8.80.060 Application and plan review requirements.
8.80.070 Collective garden facility criteria.
8.80.010 Purpose—Intent.
The Skamania County Board of County Commissioners hereby declares that it is necessary for the protection of the health, welfare and safety of the people of Skamania County to enact under the police power of the county the following chapter providing for the licensing of collective medical cannabis gardens.
The purpose and intent of this ordinance is to provide guidelines and conditions necessary for the establishment of collective medical cannabis gardens (hereinafter sometimes referred to as “collective gardens”) within unincorporated Skamania County. This chapter is authorized by and is adopted to implement the provisions of Chapter 69.51A RCW consistent with applicable federal law. (Ord. 2012-11, 12-18-12)
8.80.020 Administration and authority.
The Skamania County Community Development Department is responsible for the administration of this Chapter. The Department shall act as a coordinating and processing agent to ensure that the county application process is reasonably expeditious and shall consider relevant information provided by other county offices or departments having appropriate expertise, authority or jurisdiction, including the Skamania County Sheriff’s Office. All affected offices and departments of county government shall endeavor to cooperate fully with the Community Development Department in the exercise of their duties relative to the issuance of a license under this Chapter. (Ord. 2012-11, 12-18-12)
8.80.030 Applicability.
A. This Chapter shall apply to any person over the age of 18 years, who has not been convicted of a felony crime within the last ten years and who is a qualified patient or designated provider. Each person who participates in, or plans to participate in, a collective garden, either as a qualifying patient or as a designated provider under state law, must apply and qualify on an individual basis.
B. Approval of a license pursuant to the provisions of this Chapter does not discharge the obligation of the applicant to comply with the provisions of this Chapter.
C. No part of this Chapter is intended to or shall be deemed to conflict with federal or state 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, and/or federal rule or regulation.
D. No collective garden facility license will be issued without an approval letter, license or permit from the appropriate federal agency authorizing such use. (Ord. 2012-11, 12-18-12)
8.80.040 Eligibility for license.
A. The applicant for a license to establish a collective garden for the production of cannabis and cannabis products under RCW 69.51A.085 and 69.51A.140 shall only be eligible to apply if:
1. He or she has been issued a permit or license by the appropriate federal agency to establish and operate a collective garden under the provisions of applicable federal law;
2. He or she is a qualifying patient or designated provider as defined under RCW 69.51A.010;
3. He or she is over eighteen years of age;
4. He or she is not subject to a court order or injunction prohibiting cultivation, possession or use of marijuana, cannabis or cannabis products, or any controlled substance;
5. He or she is not pending trial, appeal, or sentencing for a criminal offense; or
6. He or she does not have an outstanding warrant for his or her arrest from any court of competent jurisdiction within the United States for a felony or a misdemeanor.
7. He or she is not being supervised for a criminal conviction by a corrections agency or department, including local governments or jails that has determined that licensure is inconsistent with or contrary to his or her supervision. (Ord. 2012-11, 12-18-12)
8.80.050 Application submittal requirements.
A. The application will be considered complete only when the applicant submits an approval letter, license or permit from the appropriate federal agency to establish and operate a collective garden under the provision of applicable federal law, and the letter, license or permit contains the signature, printed name and agency contact phone number for verification of the authenticity of the letter, license or permit.
B. In addition to any other information which may be requested by the county, or required under Chapter 69.51A RCW, the following shall apply:
1. The individual’s application for a collective garden facility license shall bear the full name, residential address, mailing address, telephone number, date and place of birth, race, gender, physical description, signature of the applicants, and the applicant’s driver’s license number or state identification card number if used for identification in applying for a collective garden facility license. A signed application shall constitute a waiver of confidentiality and a written request that federal, state and local agencies release information relevant to the applicant’s eligibility for a collective garden facility license to an inquiring court or law enforcement agency.
2. Two complete sets of fingerprints of all the applicants for the collective garden facility shall be provided. The fingerprints will be forwarded to the Washington State Patrol for a background check. The costs associated with the background check shall be paid by the applicants.
3. The license issued to the applicant shall include the following printed statement and the application for the license shall require the individual applicants to sign and acknowledge the following warning:
CAUTION: Although state and local laws do not differ, federal and state laws on the cultivation of cannabis and possession of harvested cannabis and cannabis products differ. In the absence of a federal license, federal law prohibits the cultivation and possession of cannabis and cannabis products even pursuant to a state license. If you are in violation of federal law, you may be prosecuted in federal court, imprisoned, required to pay a fine and restitution and your real and personal property deemed related to the cultivation or violation may be forfeited. A state or county license is not a defense to a federal prosecution and forfeiture.
4. The application shall require the applicant to answer questions concerning the applicant’s eligibility under Chapter 69.51A RCW and federal law to cultivate and produce cannabis and cannabis products.
5. The county shall make available to law enforcement and corrections agencies all information received under this subsection.
6. The application shall contain the name and address of the record owner of the property on which the collective garden facility shall be located or, in the event that the record owner is a partnership, joint venture, corporation, limited liability entity, or other association, the names and addresses of all persons having an interest in the entity, together with a description of that interest.
7. The application shall contain a description of the properties to be used for the collective garden facility; including Assessor Tax Parcel Numbers and a statement from the record owner(s) that they consent to the establishment and operation of such collective garden facility.
8. The application shall require the signed statement of the record owner(s) of the property (all persons having an interest in the entity that is the record owner of the property if that entity is a partnership, joint venture, corporation, association or limited liability entity) acknowledging the following warning:
CAUTION: Although state and local laws do not differ, federal and state laws on the cultivation of cannabis and possession of cannabis and cannabis products differ. In the absence of a federal license, federal law prohibits the cultivation and possession of cannabis and cannabis products even pursuant to a state license. If you are in violation of federal law, you may be prosecuted in federal court, imprisoned, required to pay a fine and restitution, and your real and personal property deemed related to the cultivation or violation may be forfeited. A state or county license is not a defense to a federal prosecution or forfeiture.
9. The application shall require the applicant to provide proof of identification of the applicant in the form of a valid driver’s license with the applicant’s photograph or current state identification card with the applicant’s photograph.
10. The application shall require the applicant to provide proof of registration pursuant to Chapter 69.51A RCW or a copy of valid documentation as defined by Chapter 69.51A RCW establishing his or her status as a qualifying patient or, in the case of a designated provider, a true and correct copy of current documentation establishing his or her status as a designated provider for purposes of Chapter 69.51A RCW.
11. The plan review fee for the collective garden facility and the costs associated with the fingerprint background check shall be paid at the time of application; fees are nonrefundable. (Ord. 2012-11, 12-18-12)
8.80.060 Application and plan review requirements.
A. Required Content of the Plans and Specifications.
1. Proposed modification to the building to locate a collective garden facility.
2. If a new building is proposed, then the building location shall be reviewed through the Site Analysis Level II (SALII) process before the collective garden facility plan review application will be reviewed.
3. Proposed layout, mechanical schematics, and construction materials for the proposed collective garden facility.
B. Preoperational Inspections.
1. The Community Development Department shall conduct one or more preoperational inspections to verify that the collective garden facility is constructed and equipped in accordance with the approved plans or approved modification of those plans and has established standard operating procedures that ensure compliance with the requirements of this Chapter.
2. The building shall be equipped with a sprinkler/fire suppression system approved by the Community Development Department.
3. The building shall meet current building, plumbing, mechanical, and life safety codes and the applicant shall provide proof of passing inspections prior to issuance of the collective garden facility license to operate.
4. The building must be inspected by the Department of Labor and Industries (L&I) for electrical code compliance and the applicant shall provide proof of passing inspection prior to issuance of the collective garden facility license to operate.
C. Licenses.
1. The Community Development Department shall only issue a license after:
a. Receipt of a completed plan review application;
b. The community garden facility annual license fee has been paid;
c. A satisfactory plan review;
d. Satisfactory preoperational inspections;
e. A determination the proposed operation is in a suitable location; and
f. A determination that the proposed method of operation is in accordance with the requirements of this Chapter.
2. A license issued to a particular person, firm, or corporation or for a designated place shall not be valid for use by any other person, firm, or corporation, or for any other place than that designated on the license. A license may contain general and specific conditions which every person, firm, or corporation shall conform to along with all other applicable provisions of this Chapter.
3. Collective garden facility licenses shall expire annually on the date stated on the license.
4. Licenses shall be renewed annually upon receipt by SCCDD of a renewal application and fee. Renewal applications and fees should be submitted to the Department at least sixty (60) days prior to the expiration date listed on the current license to ensure that there is enough time to process the renewal application and issue a license before the expiration date. Renewal applications submitted less than sixty (60) days prior to the expiration date may not be processed in time and will be subject to the late submittal fee established by the Board of County Commissioners by resolution. Renewal applications submitted and/or licenses issued after the expiration date listed on the current license shall be assessed a late fee. (Ord. 2012-11, 12-18-12)
8.80.070 Collective garden facility criteria.
A. A collective garden facility shall comply with the following criteria prior to a license to establish and operate the collective garden facility being issued:
1. All collective garden facilities shall be located inside a building compliant with county code and the requirements of this section. Outdoor collective gardens are prohibited.
2. Collective garden facilities may not be located within 1,000 feet of a school, designated school bus stop, senior center, hospital, public park, public building, or public recreational facility (i.e., baseball/football/soccer fields, tennis/volleyball courts, skate parks, etc.).
3. Collective garden facilities may not be located within one mile of any other collective garden facility.
4. No person under the age of eighteen (18) shall be permitted in the collective garden facility.
5. The activity within a collective garden facility cannot be visible from the public street or right-of-way, or other private properties, and the facility must be inaccessible to the public.
6. The building the collective garden facility is located within shall be surrounded by a secure fence of at least six feet in height.
7. Each fence surrounding a collective garden building shall be set back at least ten feet from outside perimeter of the collective garden building.
8. Access through the fence shall be secured at all times and unlocked only to allow an authorized person in or out of the collective garden facility. Any fence access must be kept locked at all times and made inaccessible to the public.
9. There shall be no exterior signage relating to the collective garden facility.
10. A collective garden facility license is required for anyone other than a single card holder.
11. Any collective garden in operation prior to the effective date of this Chapter shall register the collective garden with the Community Development Department within two (2) weeks of the adoption of this Chapter. Said collective garden shall be brought into full compliance with the provisions of this Chapter by June 30, 2013.
12. The operators of a collective garden facility shall maintain a log of all people entering and exiting the collective garden facility. The log shall include the name, address and telephone number of the persons entering the collective garden facility and a statement of the reason for entry. The log shall also record the times of entry and exit from the collective garden facility.
13. A license authorizes only one collective garden facility. The collective garden facility shall, at all times, comply with the requirements of RCW 69.51A.085, including but not limited to, number of plants, number of qualifying patients participating in the garden, and amount of useable cannabis per qualifying patient.
14. No other businesses may be housed in the collective garden facility or the parcel on which the collective garden facility is conducted, whether for-profit or not-for-profit, nor shall any items be obtained for “donation,” “trade” or as gifts.
15. The licensees participating in a collective garden facility shall at all times maintain general liability insurance for the establishment and operation of the collective garden and related risks with a single occurrence limit of $1 million and an aggregate limit of $3 million, proof of which shall be available to the Skamania County Sheriff’s Office at all times.
16. Skamania County Sheriff personnel must be allowed access up to twice per year to the collective garden facility, and have access to all records at all times.
17. If the garden building is equipped with a “roll-up” or garage-type door, barricades shall be installed to prevent a vehicle from driving through the door(s).
18. All doors to the garden building shall be kept locked at all times and made inaccessible to the public.
19. Any thefts or trespass occurrences must be immediately reported to the Skamania County Sheriff. Failure to do so may result in the license being revoked.
20. It is recommended but not required that the collective garden facility be monitored at all times by video surveillance sufficient in coverage to include the exterior and interior fence lines of the facility and all of the interiors of the garden building, excluding any bathrooms. Video records should be maintained by the facility operators for a period of twenty-four (24) months. The video records should be maintained at a location in the county identified by the facility operators on the applications for an original or renewal license as applicable and the facility operators should advise the Skamania County Sheriff’s Office and the Skamania County Community Development Department of any change of location of the video records in writing within 48 hours of the change of location being made. (Ord. 2012-11, 12-18-12)
8.80.080 Revocation.
A. If the collective garden facility is the cause of damage to the neighboring property or the garden causes the neighbors of the neighboring property to be placed in any danger, the license will be revoked and the garden must be terminated.
B. If law enforcement is required to respond to three or more founded complaints related to the garden site, the license will be revoked and the garden must be terminated. If there are greater than three founded complaints, a fee will be assessed by the Skamania County Sheriff’s Office. (Ord. 2012-11, 12-18-12)
8.80.090 Severability.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter or application of the provision to other persons or circumstances shall not be affected. Where conflict exists between standards, the more restrictive shall apply. (Ord. 2012-11, 12-18-12)