Chapter 18A.12


18A.12.010    Definitions.

18A.12.020    State-Licensed Facilities.

18A.12.030    Severability.

18A.12.010 Definitions.

"Marijuana" 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-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 Processor" means a person licensed by the state liquor control board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.

"Marijuana Producer" means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

"Marijuana Retailer" means a person licensed by the state liquor control board to sell useable marijuana and marijuana-infused products in a retail outlet.

"Retail Outlet" means a location licensed by the state liquor control board for the retail sale of useable marijuana and marijuana-infused products.

"THC Concentration" means the percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

"Useable Marijuana" means dried marijuana flowers. The term "useable marijuana" does not include marijuana-infused products.

(Ord. 2013-111s § 2 (part), 2013)

18A.12.020 State-Licensed Facilities.

The following provisions apply to marijuana-related businesses licensed by the Washington State Liquor and Cannabis Board.

A.    Marijuana-licensed business shall be subject to all applicable standards of Pierce County Development Regulations.

B.    Marijuana-licensed business shall not be permitted within 1,000 feet of the perimeter grounds of the following entities:

1.    Elementary or secondary schools;

2.    Playground;

3.    Recreation center or facility;

4.    Child-care center;

5.    Public park;

6.    Public transit center;

7.    Library;

8.    Game arcade (where admission is not restricted to persons age 21 or older);

9.    Any parcel containing a marijuana retail outlet licensed by the Washington State Liquor and Cannabis Board;

10.    Religious assembly; or

11.    Scenic and recreational highways as designated at RCW 47.39.020.

Pierce County shall rely upon the definitions set forth in Chapter 314-55 WAC when identifying the entities listed above.

C.    Outdoor Advertising.

1.    One sign, not exceeding 1,600 square inches (11.1 square feet) that is visible to the general public from a public right-of-way shall be permitted for exterior advertising purposes. Such sign shall be subject to the standards of the Washington State Liquor and Cannabis Board and Title 18B PCC.

2.    "Minors restricted signs" shall be posted at all marijuana-licensed premises.

D.    Marijuana-Licensed Retail Outlets.

1.    Marijuana-licensed retail outlets shall be permitted through a Conditional Use Permit in Mixed Use District (MUD), Commercial Mixed Use District (CMUD), and Community Center (CC) zone classifications as well as the Rural Activity Center (RAC) classifications in the Key Peninsula and Gig Harbor Peninsula Community plan areas.

2.    A marijuana retailer licensee may sell usable marijuana, marijuana-infused products, and marijuana paraphernalia between the hours of 8 a.m. and 12 a.m.

E.    Marijuana-Licensed Processors.

1.    Marijuana-licensed processors shall be permitted through a Conditional Use Permit in Employment Center (EC), Community Employment (CE), and Mixed Use District (MUD) zone classifications.

F.    Marijuana-Licensed Producers.

1.    Marijuana-licensed indoor producers shall be permitted through a Conditional Use Permit in the Employment Center (EC) and Community Employment zone classifications.

2.    Marijuana production shall take place within a fully enclosed secure indoor facility or greenhouse.

3.    Marijuana-licensed indoor production facilities shall be limited to 10,000 square feet of production space.

G.    Nuisance Abatement. In addition to any other available remedy or penalty, any violation of this Section is declared to be a public nuisance per se, and may be abated under the applicable provisions of this Code or state law.

(Ord. 2015-27s § 1, 2015; Ord. 2013-111s § 2 (part), 2013)

18A.12.030 Severability.

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 2013-111s § 2 (part), 2013)