Chapter 19.86
RECREATIONAL MARIJUANA/CANNABIS PRODUCERS, PROCESSORS AND RETAILERS
Sections:
19.86.040 Marijuana production.
19.86.050 Marijuana processing.
19.86.060 Marijuana retail sales.
19.86.070 Locational criteria.
19.86.080 No town liability – Indemnification.
19.86.100 Uses prohibited in all zones.
19.86.110 Permitting and development regulations.
19.86.010 Authority.
The provisions of this chapter are implemented pursuant to Initiative 502, as codified in RCW Title 69, and further provided in Chapter 314-55 WAC, as amended. [Ord. 910 § 2 (Exh. 1), 2026]
19.86.020 Purpose.
The purpose of this chapter is to further clarify the provisions of Initiative 502 as it pertains to the use of land within the town of Concrete, and to establish where recreational marijuana producers, processors and retail outlets may locate in the town, and to describe the restrictions upon such uses. [Ord. 910 § 2 (Exh. 1), 2026]
19.86.030 Definitions.
The definitions in this section apply throughout this chapter, and the town also adopts the definitions in WAC 314-55-010 and RCW 69.50.101.
(1) “Cannabis” is being used synonymous with marijuana in these regulations.
(2) “Child care center” means an entity that regularly provides child day care and early learning services for a group of children for periods of less than 24 hours licensed by the Washington State Department of Early Learning, under Chapter 170-295 WAC.
(3) “Cultivation” means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.
(4) “Elementary school” means a school for early education that provides the first four to eight years of basic education and is recognized by the Washington State Superintendent of Public Instruction.
(5) “Game arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted.
(6) “Greenhouse” means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants.
(7) “Indoors” means within a fully enclosed and secure structure that complies with the Washington State Building Code, as adopted by the town, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two-inch by four-inch or thicker studs overlain with three-eighths-inch or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
(8) “LCB” means Washington State Liquor and Cannabis Board. All cannabis licensing is regulated and enforced by the LCB. Any sale of recreational or medical cannabis other than by a state-licensed retailer is criminal, as is the production or processing of cannabis for sale outside the state-licensed regulated system.
(9) “Library” means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.
(10) “Marijuana” means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than three-tenths 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. For the purposes of this chapter, “cannabis” or “marijuana” 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.
(11) “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.
(12) “Marijuana processor” means a person licensed by the State Liquor and Cannabis Board to process marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers.
(13) “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.
(14) “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.
(15) “Outdoors” means any location that is not “indoors” within a fully enclosed and secure structure as defined herein.
(16) “Playground” means a public outdoor recreation area for children, usually equipped with swings, slides and other playground equipment, owned and/or managed by a town, county, state or federal government.
(17) “Process” means to handle or process cannabis in preparation for recreational use.
(18) “Produce” or “production” means to manufacture, plant, cultivate, grow or harvest cannabis or marijuana.
(19) “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 town, county, state, federal government or metropolitan park district. “Public park” does not include trails.
(20) “Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or town, county, state or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers.
(21) “Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a charitable nonprofit organization, town, county, state or federal government.
(22) “Retail, marijuana” means the activity of selling usable marijuana and marijuana-infused products in a retail outlet.
(23) “Retail outlet” means a location licensed by the State Liquor and Cannabis Board for the retail sale of usable marijuana and marijuana-infused products.
(24) “Secondary school” means a high and/or middle school: a school for students who have completed their primary education, usually attended by children in grades seven to 12 and recognized by the Washington State Superintendent of Public Instruction.
(25) “Usable cannabis or usable marijuana” means dried flowers of the cannabis plant. The term “usable cannabis or usable marijuana” does not include marijuana-infused products or cannabis products. [Ord. 910 § 2 (Exh. 1), 2026]
19.86.040 Marijuana production.
(1) The cultivation of marijuana is considered to be production of a product for resale. Production of marijuana is limited to the industrial zoning district.
(2) All marijuana production shall occur within indoor facilities. Outdoor production as may be permitted by the state is expressly prohibited by this subsection. [Ord. 910 § 2 (Exh. 1), 2026]
19.86.050 Marijuana processing.
(1) The processing of marijuana is considered to be a manufacturing activity. Processing of marijuana and marijuana products is limited to the industrial zoning district.
(2) All marijuana processing shall occur within indoor facilities. Outdoor production as may be permitted by the state is expressly prohibited by this subsection. [Ord. 910 § 2 (Exh. 1), 2026]
19.86.060 Marijuana retail sales.
(1) The sale of marijuana is a retail activity. Sale of marijuana is limited to the following zoning district(s):
(a) South side (only) of State Route 20 (SR20) in the commercial/light industrial zoning district.
(2) All marijuana retail sales shall occur within a permitted indoor retail facility/store. [Ord. 910 § 2 (Exh. 1), 2026]
19.86.070 Locational criteria.
(1) As provided in RCW 69.50.331 and WAC 314-55-050, marijuana producers, processors, and retailers shall not be allowed to locate within 1,000 feet of elementary or secondary schools, playgrounds, recreation centers or facilities, public transit centers, or game arcades.
(2) The town finds that the reduction in buffers for libraries and public parks will not negatively impact the town’s civil regulatory enforcement, criminal law enforcement interests, public safety, or public health. Therefore, the town establishes a 500-foot buffer for libraries and public parks. [Ord. 910 § 2 (Exh. 1), 2026]
19.86.080 No town liability – Indemnification.
(1) By accepting a permit issued pursuant to this chapter, the licensee waives and releases the town, its officers, elected officials, employees, volunteers and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of federal, state or local laws and regulations.
(2) By accepting a permit issued pursuant to this chapter, all licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the town, its officers, elected officials, employees, volunteers and agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the recreational marijuana business that is the subject of the license. [Ord. 910 § 2 (Exh. 1), 2026]
19.86.090 Limitations.
(1) Nothing in this chapter is intended to be, nor should be considered to be, an allowance for less restricted activity than is permitted by state law and the rules and regulations of the Liquor and Cannabis Board.
(2) Nothing in this chapter is intended to be, nor should be considered to be, a limitation on the town from protesting the granting of a permit(s) or the renewal of a permit(s).
(3) No part of this chapter is intended to or shall be deemed to conflict with federal 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 or federal law, statute, rule or regulation. Nothing in this chapter shall be construed to supersede Washington State law prohibiting the acquisition, possession, manufacture, sale or use of medical cannabis or recreational marijuana in any manner not authorized by Chapter 69.50 or 69.51A RCW. Nothing in this chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein. [Ord. 910 § 2 (Exh. 1), 2026]
19.86.100 Uses prohibited in all zones.
(1) The following uses are prohibited in all zones within the town:
(a) Marijuana production or processing in a greenhouse or any translucent structure;
(b) Marijuana collective garden;
(c) Marijuana cooperative;
(d) Outdoor growing of marijuana.
(2) All licensed marijuana/cannabis retail, production, and processing businesses are prohibited on lands zoned “residential.” [Ord. 910 § 2 (Exh. 1), 2026]
19.86.110 Permitting and development regulations.
Prior to any marijuana/cannabis producer, processor, and/or retailer operating within the town, the owner or operator shall:
(1) Licensing. Obtain a license from the LCB and submit proof of license to the town.
(2) Building Permit. Unless determined exempt by the building official, any proposed business shall obtain an approved building permit for new construction, alteration, addition, and/or a change of use. Improvements including but not limited to fire sprinklers, fire alarms, or fire walls may be required.
(3) Signage. All signage associated with a proposed business shall comply with Chapter 19.63 CMC regulating signage and WAC 314-55-155 regulating cannabis advertising. When in conflict, the stricter of the two regulations prevail.
(4) Business License. The owner/operator shall obtain a business license endorsement through the department of revenue for the town of Concrete.
(5) Land Use Permit. Retail sales of marijuana/cannabis are permitted outright on the south side of State Route 20 (SR20) in the commercial/light industrial zoning district without the need for a land use permit.
However, an approved conditional use permit is required for any proposed marijuana/cannabis production or processing use/facility. Conditions of approval may be added to any proposed use to mitigate any potential impacts to the business on neighboring uses and residents.
(6) Hazardous Material. Marijuana producers and processors that use hazardous or flammable solvents or gases are only allowed in the industrial zone and only in a professional-grade closed-loop extraction system that is designed to recover the chemicals and that is labeled for such use by the manufacturer.
(7) Ventilation Systems. All marijuana/cannabis retailers, producers, or processors must employ ventilation systems such that no odors from the production or processing are detectable off the premises.
(8) Security Cameras. Marijuana/cannabis retailers, producers, or processors may employ security cameras only if they aim those cameras so as to view only the facility property and not public rights-of-way or neighboring properties.
(9) Screening. The construction of any new building or change of use of an existing building may require the submittal of a landscape plan showing how that use will be screened from neighboring properties consistent with Chapter 19.50 CMC regulating landscaping.
(10) Fencing. All buildings containing, or proposing to contain, a marijuana/cannabis retailer, producer, or processor that are adjacent to a residential zone shall install an eight-foot fence that is opaque and made of wood, brick, or masonry along the property line adjacent to the residential zone(s).
(11) Lighting. Any proposed outdoor lighting shall be down shielded preventing light trespass and impacts to neighboring properties.
(12) Design Standards. Any new structure or remodeled structure intending to house a marijuana retailer shall install physical barriers, such but not limited to bollards, planters or curb improvements, between the parking area and the structure. [Ord. 910 § 2 (Exh. 1), 2026]