Chapter 18.250
STATE-LICENSED MARIJUANA PRODUCERS, PROCESSORS, AND RETAILERS

Sections

18.250.010    Title.

18.250.020    Application.

18.250.030    Purpose.

18.250.040    Authority.

18.250.050    Definitions.

18.250.060    Recreational marijuana regulations for producers and processors.

18.250.070    Recreational marijuana regulations for retailers.

18.250.080    Location of a state-licensed marijuana producer, processor or retailer.

18.250.010 Title.

This chapter shall be entitled “State-Licensed Marijuana Producers, Processors, and Retailers.” [Ord. 1591 § 645, 2014.]

18.250.020 Application.

This chapter applies to state-licensed marijuana producers, processors, and retailers. [Ord. 1591 § 646, 2014.]

18.250.030 Purpose.

The purpose of this chapter is to provide regulations and zoning standards for producers, processors, and retailers of recreational marijuana licensed by the State of Washington, pursuant to chapter 69.50 RCW and rules adopted by the WSLCB. [Ord. 1591 § 647, 2014.]

18.250.040 Authority.

This chapter is adopted pursuant to chapter 69.50 RCW and other applicable Washington laws. [Ord. 1591 § 648, 2014.]

18.250.050 Definitions.

The definitions provided in RCW 69.50.101 and WAC 314-55-010 are adopted by reference. [Ord. 1591 § 649, 2014.]

18.250.060 Recreational marijuana regulations for producers and processors.1

State-licensed marijuana producers and marijuana processors may locate in the City of Des Moines pursuant to the following restrictions:

(1) Marijuana producers and marijuana processors must comply with all requirements of chapter 69.50 RCW, chapter 314-55 WAC, and other applicable Washington laws.

(2) Persons may conduct business within the City of Des Moines as a state-licensed marijuana producer and/or marijuana processor if located within the Business Park (B-P) Zone located north of South 216th Street and south of South 208th Street, and within the Highway Commercial (H-C), Transit Community (T-C), and Community Commercial (C-C) Zones generally located along Pacific Highway South south of Kent-Des Moines Road.

(3) Marijuana producers and processors shall not locate on a site or in a building in which nonconforming production or processing uses have been established in any location or zone other than those referenced in subsection (2) of this section.

(4) Marijuana producers and processors shall not operate as an accessory to a primary use or as a home occupation. [Ord. 1601 § 17, 2014: Ord. 1591 § 650, 2014.]

18.250.070 Recreational marijuana regulations for retailers.

State-licensed marijuana retailers may locate in the City pursuant to the following restrictions:

(1) Marijuana retailers must comply with all requirements of chapter 69.50 RCW, chapter 314-55 WAC, and other applicable Washington laws.

(2) Persons may conduct business within the City as a state-licensed marijuana retailer if located within the Transit Community (T-C), Highway Commercial (H-C) and Community Commercial (C-C) Zones generally located along Pacific Highway South south of Kent-Des Moines Road.

(3) Marijuana retailers shall not locate in a building in which nonconforming retail uses have been established in any location or zone other than those referenced in subsection (2) of this section.

(4) Marijuana retailers shall not operate as an accessory to a primary use or as a home occupation. [Ord. 1601 § 18, 2014: Ord. 1591 § 651, 2014.]

18.250.080 Location of a state-licensed marijuana producer, processor or retailer.

The location of a state-licensed marijuana producer, processor, and retailer shall be as established in WAC 314-55-050 and as required under this chapter. The owner or operator of the state-licensed marijuana producer, processor, and retailer shall have the responsibility to demonstrate that the state-licensed marijuana producer, processor, and retailer meets the location requirements of WAC 314-55-050. [Ord. 1591 § 652, 2014.]


1

Code reviser’s note: Ord. 1601’s amendment to DMMC 18.250.060 is only intended to replace subsections (1) and (2) to add requirements pertaining to the T-C Zone. Existing subsections (3) and (4) have been retained.