Chapter 17.10MARIJUANA REGULATIONS

Sections:

17.10.010
Purpose.
17.10.020
Definitions.
17.10.030
State-licensed marijuana producers, processors, and retailers – Where permitted.
17.10.010Purpose.

The purpose of this section is to regulate marijuana producers, processors, and retailers regulated under Chapters 69.50 and 69.51A RCW by identifying appropriate land use districts and establishing development and performance standards. Marijuana producers, processors, and retailers shall only be permitted when licensed by the Washington State Liquor and Cannabis Board. The production, sale, and possession of marijuana remains illegal under the federal Controlled Substances Act. Nothing herein or as provided elsewhere shall be construed as authority to violate or circumvent federal law.

(Ord. 1453 § 3, 2016)

17.10.020Definitions.

Definitions Specific to Marijuana Uses. The definitions codified at WAC 314-55-010, now or as hereafter amended, apply to this section. The following definitions are specific to marijuana uses and shall have the following meanings:

“Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 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. The term 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.

“Marijuana processor” means a person licensed by the State Liquor and Cannabis Board to process marijuana into marijuana concentrates, usable marijuana and marijuana-infused products, package and label marijuana concentrates, usable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, usable marijuana, and marijuana-infused products at wholesale to marijuana retailers.

“Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

“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.

“Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell usable marijuana and marijuana-infused products in a retail outlet.

“Marijuana uses” means the collective of marijuana producer, retailer, and processor.

“Retail outlet” means a location licensed by the State Liquor and Cannabis Board for the retail sale of marijuana concentrates, useable marijuana, and marijuana-infused products.

“Useable marijuana” means dried marijuana flowers. The term “useable marijuana” does not include marijuana-infused products.

“Playground” means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government. The only playground within the city limits is “CITY PARK.”

“Public park” means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. Public Park does not include trails. All public parks within the city limits are as follows: Flag Pole Park, Centennial Park, Memorial Park, Fireman’s Park, Wye Park, and Cle Elum Disk Golf Course.

(Ord. 1453 § 3, 2016)

17.10.030State-licensed marijuana producers, processors, and retailers – Where permitted.

A. State-licensed marijuana retail businesses may be located in the old town commercial (OTC), Entry Commercial (EC) and general commercial (CG) zoning districts, and are prohibited in all other zoning districts.

B. State-licensed marijuana producers, processors, and researchers may be located in the industrial (I) zoning district and are prohibited from all other zoning districts.

C. Buffer Zones.

1. Any lot line of property having a state-licensed marijuana producer, processor, retailer, or researcher must be one thousand feet or more from any lot line of property on which any of the following uses, as defined in WAC 314-55-010 and CEMC Chapter 17.10.020, is located: elementary school; secondary school; or playground.

2. Any lot line of property having a state-licensed marijuana producer, processor, retailer, or researcher must be five hundred feet or more from any lot line of property on which any of the following uses, as defined in WAC 314-55-010 and CEMC Chapter 17.10.020, is established and operating on the date a complete application is accepted by the Washington State Liquor and Cannabis Board: child care center; game arcade admitting minors; library; public park; public transit center; or recreation center or facility.

3. Any lot line of property containing a state-licensed marijuana retailer must be five hundred feet or more from any lot line of property containing another state-licensed marijuana retailer. A new marijuana retailer may not be established in a location that would violate this requirement.