Chapter 9.10
MEDICAL CANNABIS
Sections:
9.10.030 Restrictions on amounts that may be grown.
9.10.040 Restriction on smell.
9.10.050 Restriction on visibility.
9.10.010 Purpose.
Washington’s 2015 Cannabis Patient Protection Act conditionally authorizes qualifying patients and their designated providers to grow in their domiciles and possess certain amounts of useable marijuana produced from such plants for the personal medical use of the qualifying patient. The Act further establishes conditions for such personal grows, and authorizes local governments to adopt and enforce civil penalties for violation of those conditions. The purpose of this chapter is to create a local civil enforcement mechanism for violation of the conditions placed on personal medical marijuana grows established by the 2015 Cannabis Patient Protection Act.
A. Nothing herein shall be construed to permit or allow personal medical marijuana grows in the city of Walla Walla in violation of Chapter 69.51A RCW.
B. Nothing herein shall be construed to permit or allow personal recreational marijuana grows in the city of Walla Walla.
C. Nothing herein shall be construed to regulate producers, processors, or retailers of marijuana licensed by the state of Washington which possess valid conditional use permits issued by the city of Walla Walla, and which are operating in compliance with all state and local laws and regulations.
D. Nothing herein shall be construed to permit, allow, or regulate marijuana cooperatives which are operating in compliance with all state and local laws and regulations.
E. Nothing herein shall be construed to authorize violation of the United States Code or the Code of Federal Regulations.
F. Nothing herein shall be construed to authorize violation of the Revised Code of Washington or the Washington Administrative Code.
G. Nothing herein shall be construed to authorize violation of the city of Walla Walla’s zoning code, Title 20, its criminal code, Chapter 9.05, its drug and drug paraphernalia regulations, Chapter 9.09, or its nuisance regulations, Chapter 8.05. (Ord. 2017-09 § 1 (part), 2017).
9.10.020 Definitions.
For purposes of this chapter, the city of Walla Walla incorporates by reference the definitions adopted by RCW 69.51A.010, as amended. (Ord. 2017-09 § 1 (part), 2017).
9.10.030 Restrictions on amounts that may be grown.
A. No qualifying patient may grow more than six marijuana plants in or at his or her domicile, unless a health care professional specifies on an authorization issued in accordance with Chapter 69.51A RCW that the patient be allowed to grow more. No qualifying patient may grow more marijuana plants than specified on such authorization. No qualifying patient may be authorized to grow more than fifteen plants.
B. No designated provider may grow more than six marijuana plants in or at his or her domicile unless a health care professional specifies on an authorization issued in accordance with Chapter 69.51A RCW that the patient served by the designated provider be allowed to grow more. No designated provider may grow more marijuana plants than specified on such authorization. No designated provider may be authorized to grow more than fifteen plants.
C. No more than fifteen marijuana plants may be grown or located in or at any one housing unit. This fifteen-plant limitation is an overall cap that applies even if multiple qualifying patients or designated providers reside in the same housing unit. (Ord. 2017-09 § 1 (part), 2017).
9.10.040 Restriction on smell.
No marijuana may be grown or stored at any location if any portion of such activity can be readily smelled from a public place or the private property of another housing unit. (Ord. 2017-09 § 1 (part), 2017).
9.10.050 Restriction on visibility.
No marijuana may be grown or stored at any location if any portion of such activity can be readily seen by normal unaided vision from a public place or the private property of another housing unit. (Ord. 2017-09 § 1 (part), 2017).
9.10.090 Violations.
The restrictions established by this chapter apply to all owners, lessees, and possessors of property in the city of Walla Walla. The restrictions established by this chapter also apply to all persons who grow or store marijuana in or at a housing unit in the city of Walla Walla.
A. Violation of a restriction established by this chapter shall be a class 1 civil infraction subject to a civil penalty of no more than two hundred fifty dollars, and no less one hundred dollars, for each violation. Each day that a violation of a restriction established by this chapter exists shall be considered a separate violation subject to an additional penalty. All penalties shall be cumulative. The penalties established herein are in addition to any statutory assessments and other costs that may apply.
B. The provisions of this chapter may be enforced by issuance of a notice of civil infraction and adjudication in the Walla Walla district court in accordance with Chapter 7.80 RCW.
C. All commissioned officers employed by the Walla Walla police department, all other general authority Washington peace officers employed by any other general authority Washington law enforcement agency, all code enforcement officers employed by the city of Walla Walla, the Walla Walla city attorney, and all assistant city attorneys for the city of Walla Walla are enforcement officers authorized to enforce the provisions of this chapter. (Ord. 2017-09 § 1 (part), 2017).