Chapter 21.01
MEDICAL AND RECREATIONAL MARIJUANA USE
Sections:
21.01.020 Statutory authorization.
21.01.050 Use of marijuana in public locations.
21.01.070 Test for being under the influence.
21.01.080 Penalties for violation of this chapter.
21.01.090 Regulatory oversight.
21.01.010 Title.
This code shall be known as the Marijuana Legalization Code. [Res. 2020-87.]
21.01.020 Statutory authorization.
Pursuant to Resolution 2020-62 legalizing the use of marijuana on the Chehalis Reservation, this code establishes the parameters of such use for medical and recreational purposes on the Reservation. [Res. 2020-87.]
21.01.030 Definitions.
“Medical purposes” shall mean use by an individual on the Reservation pursuant to a written authorization from a doctor or other medical professional whether issued on the Reservation or in the State of Washington.
“Private locations/private property” shall mean locations other than those public locations visited for commercial or other purposes including without limitation private homes and fee or trust lands not owned or held for the benefit of the Chehalis Tribe.
“Public locations” shall mean any property owned or operated by or leased from the Chehalis Tribe, including without limitation any gaming facility, hotel, Great Wolf Lodge, Tribally owned business, restaurant, brewery, distillery, truck stop, commercial retail location, parking garages, parking lots, government buildings, clinics or other medical facilities, bars, public parks or spaces, public concerts, other public events or raw land, whether fee or trust.
“Recreational use” shall mean use by an individual other than as authorized by a doctor or other medical professional.
“Use” shall mean smoking or ingesting marijuana or marijuana-infused products in private locations on trust or fee land within the Chehalis Reservation. [Res. 2020-87.]
21.01.040 Age limitation.
Individuals must be 21 years old or older to purchase, consume or be in possession of marijuana or marijuana-infused products. [Res. 2020-87.]
21.01.050 Use of marijuana in public locations.
It shall be illegal to use marijuana in any public location on the Reservation. [Res. 2020-87.]
21.01.060 Motor vehicle use.
A. No individual 21 years of age or older shall operate or have actual physical control of a motor vehicle of any sort, including, without limitation, cars, trucks, off-road vehicles or RVs, if he/she/they are under the influence of marijuana having more than five nanograms of active THC per milliliter of blood.
B. No individual under the age of 21 shall operate or have actual physical control of a motor vehicle of any sort, including without limitation cars, trucks, off-road vehicles or RVs, with any amount of THC in his/her/their blood. [Res. 2020-87.]
21.01.070 Test for being under the influence.
A. The Chehalis Tribal Police are authorized to detain, test and/or take for testing any individual who may have violated the provisions of this chapter for a test approved for determining THC illegal usage by any recognized testing means, including, without limitation, any breathalyzer or blood draw procedure on site for breathalyzer, or at the Public Safety Building or the Tribe’s clinic for the blood test.
B. To the extent that a search warrant is required for either of the remedies/tests set forth in subsection A of this section, the Police Department is authorized to request and receive such a search warrant. [Res. 2020-87.]
21.01.080 Penalties for violation of this chapter.
CTC 4.20.010 and 4.20.020 and the penalties associated therewith are hereby incorporated herein and become a part of this chapter. [Res. 2020-87.]
21.01.090 Regulatory oversight.
The regulatory oversight of this chapter shall be vested in the Marijuana Regulatory Commission created under separate ordinance. [Res. 2020-87.]