This chapter regulates the licensing and operation of cannabis retail stores located within Clarkston city limits and is intended to be consistent with Chapter 69.50 RCW, Uniformed Controlled Substances Act, and Chapter 69.51A RCW, Medical Cannabis, as they exist or may be amended.
(Ord. 1727 § 1, 2025)
The city derives its authority to act on marijuana use, production, processing, sales, and cooperatives within its jurisdiction from Washington State Constitution Article XI, Section 11, Police and Sanitary Regulations; Chapters 69.50 and 69.51A RCW, as they exist or may be amended; its authority to regulate zoning within its jurisdiction; and any and all other authority granted to the city by the State Legislature and the Washington State Liquor Cannabis Board.
(Ord. 1727 § 2, 2025)
By accepting a license issued pursuant to this chapter and/or Chapter 5.02 CMC, Business Licenses – Regulation, as they exist or may be amended, a licensee, jointly and severally, if more than one, agrees to indemnify and defend the city, its officers, elected officials, employees, attorneys, agents, insurers, and self-insurance pool, if any, against all liability, claims and demands, on account of 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, which arise out of or are in any manner connected with the operation of the marijuana-related business that is the subject of the license. The licensee further agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims, or demands at its expense, and to bear all other costs and expenses related thereto, including court costs and attorney fees. The city may require a licensee to execute a written instrument confirming the provisions of this chapter.
(Ord. 1727 § 4, 2025)
All business licenses related to marijuana shall contain language that substantially conforms to the following:
(1) 
The city of Clarkston shall not be responsible or liable for any claim, defense, or anything related to the operation of a marijuana-related business activity.
(2) 
By signing the business license application, the licensee accepts, agrees and acknowledges that it shall not have any claim against the city of Clarkston related to any claim, defense, or loss related to the operation of a marijuana-related business activity, and that the applicant shall hold the city of Clarkston absolutely harmless for any such claim, defense or loss. This section shall govern the licensee's responsibilities in the event of a claim, defense, or loss related to the operation of a marijuana-related business activity.
(3) 
By signing the business license application, the licensee accepts, agrees and acknowledges that under federal law, and more specifically the Supremacy Clause of the United States Constitution, Article VI, Paragraph 2, federal law generally takes precedence over Washington State laws, and even the Washington State Constitution.
(4) 
Based on the supremacy clause and federal law in general, the applicant may still be subject to arrest, prosecution, imprisonment, and/or fines for violating federal law, the city of Clarkston shall have no duty, responsibility, or liability based on any of those events, and that the city of Clarkston may be the entity to arrest, prosecute, imprison or fine the applicant.
(Ord. 1727 § 5, 2025)
(1) 
Any marijuana retailer, producer, or processor must obtain and maintain a valid Washington State Liquor and Cannabis Board license or endorsement to sell, produce or process marijuana in the city of Clarkston at the state approved location.
(2) 
Upon timely obtaining a marijuana license or endorsement from the state and complying with the city zoning code and other applicable city codes, and upon application and payment of all appropriate taxes and/or fees, a city business license may be issued.
(Ord. 1727 § 6, 2025)
(1) 
Marijuana zoning can be found in CMC 17.10.030.
(2) 
As defined and measured in Chapter 314-55 WAC and as authorized under RCW 59.50.331, marijuana retailers, producers. and processors shall not be located within 1,000 feet of any childcare center, elementary or secondary school, game arcade, library, playground, public park, public transit center, or recreation center or facility.
(Ord. 1727 § 7, 2025)
The city will issue no more than three business licenses to cannabis retailers operating within city limits. The licenses shall be issued first to those cannabis retailers who are already operating under a general city business license, provided they complete an application within 90 days of the effective date of the ordinance codified in this chapter and hold a valid license from the Washinton State Liquor and Cannabis Board and comply with city zoning and development requirements. Any remaining or future licenses will be issued in an order determined by the date the application is received by the city provided the applicant holds a valid license from the Washington State Liquor and Cannabis Board and complies with city zoning and development requirements.
(Ord. 1727 § 8, 2025)