Pursuant to RCW Title 69 and Chapter 314-55 WAC, the state has adopted rules establishing a state-wide regulatory and licensing program for medical and recreational marijuana production, possession, use, and sale or distribution. Despite these regulations, the city prohibits the licensing and operation of any business that is illegal under federal law. So long as the production, possession, use, sale, and distribution of marijuana remains illegal under federal law, no such businesses or use will be licensed to operate or locate in the city, and the provisions of this chapter shall not apply to allow such business or use to operate or locate in the city.
It is the intent of these regulations to apply only if federal law legalizes the production, possession, use, sale, and/or distribution of marijuana and to ensure that marijuana related business, operations, and uses are located and developed in a manner that: is consistent with the desired character and standards of this community and its neighborhoods; minimizes potential incompatibilities and impacts; and protects the public health, safety and general welfare of the citizens of the city. Recognizing the voter approved right to establish certain types of medical marijuana operations and recreational marijuana businesses, it is also the intent of these regulations to provide reasonable access to mitigate the illicit marijuana market and the legal and personal risks and community impacts associated with it.
(Ord. 663 § 1 (Exh. A) (part), 2016)
For purposes of this chapter, the following definitions shall apply in addition to the definitions set forth in Chapter 17.08:
A. 
"Cultivation"
means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.
B. 
"Designated provider"
has the meaning set forth in RCW 69.51A.010, as existing or hereafter amended.
C. 
"Manager"
means any person to whom a medical marijuana collective garden has delegated discretionary powers to organize, direct and carry on or control its operations. Authority to control one or more of the following functions shall be prima facie evidence that such a person is a manager of the business: (1) to hire, select, or supervise employees or staff, including volunteers; (2) to acquire facilities, furniture, equipment or supplies other than the occasional replenishment of stock; (3) to disburse funds of the business other than for the receipt of regularly replaced items of stock; or (4) to make, or participate in making, policy decisions relative to operations of the business.
D. 
"Marijuana infused products"
as defined in RCW 69.50.101 means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than three-tenths percent and no greater than sixty percent. The term "marijuana infused products" does not include either useable marijuana or marijuana concentrates.
E. 
"Process"
means to handle, treat, administer or otherwise process marijuana in preparation for medical or recreational use.
F. 
"Produce"
means to manufacture, plant, grow or harvest cannabis or marijuana.
G. 
"Qualifying patient"
has the meaning set forth in RCW 69.51A.010(4) as existing or hereafter amended.
H. 
"Useable marijuana"
means dried marijuana flowers. The term "useable marijuana" does not include marijuana infused products.
(Ord. 663 § 1 (Exh. A) (part), 2016)
A. 
The specific development standards provided in this chapter shall be in addition to the zoning and development standards generally applicable to the proposed use and the relevant zoning district as set forth in this title.
B. 
No use that purports to be a recreational marijuana producer, processor or retailer that was engaged in that activity prior to the enactment of the ordinance codified in this chapter shall be deemed to have been a legally established use or entitled to claim legal nonconforming status.
C. 
For purposes of this chapter and the standards applicable to state-licensed recreational marijuana uses, the terms and definitions provided in RCW Title 69 and Chapter 314-55 WAC shall generally apply unless the context clearly indicates otherwise.
D. 
For purposes of this chapter, any reference to marijuana production, processing and retail sales shall mean and be interpreted as a reference to only recreational marijuana production, processing and retail sales, and not to production, processing and retail sales (if any) of medical marijuana.
(Ord. 663 § 1 (Exh. A) (part), 2016)
Any violation of this chapter is declared to be a public nuisance per se, and shall be abated by the city attorney under applicable provisions of this code or state law, including, but not limited to, the provisions of Chapter 8.10.
(Ord. 663 § 1 (Exh. A) (part), 2016)
In addition to other remedies provided for in this chapter, any violation of the provisions of this chapter shall constitute a civil infraction punishable as set forth in Section 17.84.080.
(Ord. 663 § 1 (Exh. A) (part), 2016)