Chapter 5.35
MARIJUANA/CANNABIS USES
Sections:
5.35.010 State-licensed marijuana businesses.
5.35.020 Cannabis dispensaries.
5.35.010 State-licensed marijuana businesses.
The following provisions apply to marijuana businesses licensed by Washington State:
A. State-licensed marijuana businesses shall be subject to all standards and other requirements of the University Place development regulations.
B. As a condition of licensure, all applicants for a University Place marijuana-related business license shall execute in a form prescribed by the City an acknowledgement that they are aware that marijuana remains a controlled substance under Federal law, and that they are subject to criminal prosecution and forfeiture of their business and personal assets under Federal law; that they indemnify, defend, hold harmless and release the City and its officers and employees from any and all claims arising in any manner from Federal enforcement against them or their business.
C. All applications by State-licensed marijuana businesses for conditional use permits in University Place shall include written Federal certification of compliance by the applicant with all requirements of Federal law.
D. Compliance with Federal Law. No application for a State-licensed marijuana business shall be accepted by University Place until such time as the Federal law is amended to allow marijuana production, processing, and retail sale for recreational use in the State of Washington.
E. Marijuana-Licensed Retail Outlets.
1. State-licensed marijuana retail outlets shall only be permitted through a conditional use permit in a mixed use district (MUD).
2. Subject to any more specific conditions in the CUP, a City-permitted, State-licensed marijuana retail outlet may sell usable marijuana, marijuana-infused products, and marijuana paraphernalia between the hours of 8:00 a.m. and 9:00 p.m.
3. Subject to any more specific conditions in the CUP, a City-permitted, State-licensed marijuana retail outlet may only sell usable marijuana, marijuana-infused products, and marijuana paraphernalia in a detached building containing no additional business activities.
F. State-Licensed Marijuana Processors. State-licensed marijuana processors shall be permitted through a conditional use permit in a light-industrial-business park zone.
G. State-Licensed Marijuana Producers.
1. State-licensed marijuana indoor producers shall be permitted through a conditional use permit in a light industrial – business park zone.
2. Marijuana outdoor producers are prohibited.
3. Subject to any more specific conditions in the CUP, a City-permitted, State-licensed marijuana production shall take place within a fully enclosed secure indoor facility or greenhouse.
4. Subject to any more specific conditions in the CUP, a City-permitted, State-licensed marijuana indoor production facility shall be limited to 10,000 square feet of production space.
H. Nuisance Abatement. In addition to any other available remedy or penalty, any violation of this section, or any continued business operation after any State or Federal directive to cease operations, is declared to be a public nuisance per se, and may be abated under the applicable provisions of this code or State law.
(Ord. 685 § 3 (Exh. B), 2017; Ord. 637 § 3 (Exh. B), 2014. Formerly 5.35.020).
5.35.020 Cannabis dispensaries.
Cannabis dispensaries as defined in this chapter are prohibited in University Place, and are declared to be a public nuisance per se.
(Ord. 685 § 3 (Exh. B), 2017; Ord. 637 § 3 (Exh. B), 2014. Formerly 5.35.030).
5.35.030 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.
(Ord. 685 § 3 (Exh. B), 2017; Ord. 637 § 3 (Exh. B), 2014. Formerly 5.35.040).