Chapter 9.84
MARIJUANA

Sections:

9.84.010    Definitions.

9.84.020    Possession of marijuana – Misdemeanor.

9.84.030    Opening or using marijuana – Infraction.

9.84.040    Violations.

9.84.010 Definitions.

(1) “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.

(2) “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than 60 percent.

(3) “Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than 60 percent. This term does not include either useable marijuana or marijuana concentrates.

(4) “Public place” includes its common meaning plus streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.

(5) “Public view” means in view of the general public from a public place or from the normal use of the public right-of-way, and includes portions of private property that are visible to the general public by unaided means. (Ord. 1808 § 1 (Exh. B), 2016; Ord. 562 § 1, 1975)

9.84.020 Possession of marijuana – Misdemeanor.

(1) It is unlawful for anyone under 21 years of age to possess marijuana, marijuana concentrates, or marijuana-infused products.

(2) It is unlawful for anyone 21 years of age or older to possess:

(a) More than one ounce and up to 40 grams of marijuana;

(b) More than 72 ounces of marijuana concentrates; or

(c) More than 16 ounces of marijuana-infused products. (Ord. 1808 § 1 (Exh. B), 2016; Ord. 562 § 1, 1975)

9.84.030 Opening or using marijuana – Infraction.

It is unlawful for any person to engage in any of the following activities within the city of Washougal, even if in legal possession of recreational or medical marijuana in any form:

(1) Open a package containing recreational or medical marijuana, marijuana concentrates, or marijuana-infused products in public view or in a public place;

(2) Consume recreational or medical marijuana, marijuana concentrates, or marijuana-infused products in public view or in a public place; or

(3) Display medical marijuana, marijuana concentrates, or marijuana-infused products in a manner or place which is open to public view. (Ord. 1808 § 1 (Exh. B), 2016)

9.84.040 Violations.

Any person who violates WMC 9.84.020 is guilty of a misdemeanor. Any person who violates WMC 9.84.030 is guilty of a Class 3 civil infraction under RCW 7.80.120. (Ord. 1808 § 1 (Exh. B), 2016)