A.

The purpose of this chapter is to establish where cannabis producers, processors, researchers, and retail establishments may locate in the city, and to describe the restrictions upon such uses. In addition to compliance with this chapter, every cannabis processor, producer, and retailer shall obtain a city business license under Chapter 2.58 of the Black Diamond Municipal Code.

B.

No part of this chapter is intended to or shall be deemed to conflict with federal law, including, but not limited to, the Controlled Substances Act, 21 U.S.C. Section 800 et seq., the Uniform Controlled Substances Act (chapter 69.50 RCW) nor to otherwise permit any activity that is prohibited under either Act, or any other local, state or federal law, statute, rule or regulation. Nothing in this chapter shall be construed to supersede Washington state statutory or common law prohibiting or otherwise regulating the acquisition, possession, manufacture, sale, or use of medical cannabis or recreational cannabis in any manner not authorized by chapter 69.51A RCW or chapter 69.50 RCW. This chapter's intention is to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass.

(Ord. No. 24-1214, § 2(Attach. A), 12-5-2024)

A.

No cannabis producer, processor, research use, or retail establishment may locate within one thousand feet of elementary or secondary schools and playgrounds. For the purposes of this standard, these uses are defined in WAC 314-55-010.

B.

No cannabis producer, processor, research use, or retail establishment may locate within one hundred feet of recreation centers or facilities, child care centers, public parks, public transit centers, libraries, and any game arcade where admission is not restricted to persons twenty-one years of age or older. For the purposes of this standard, these uses are defined in WAC 314-55-010.

C.

The distances described above shall be computed by direct measurement as stated in WAC 314-55-050(10) as follows:

The distance shall be measured as the shortest straight-line distance from the property line of the cannabis producer, processor, or retail establishment to the property line of the elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or arcade where admission is not restricted to persons age twenty-one years of age and older.

D.

No cannabis producer, processor, researcher, or retailer may locate within any residential or residential/commercial mixed-use building in the city. This includes home occupations.

(Ord. No. 24-1214, § 2(Attach. A), 12-5-2024)

A.

All performance standards of licensed premises shall comply with the requirements of WAC 314-55-075, WAC 314-55-077, and WAC 314-55-079 (and all applicable rules and regulations, including those promulgated under WAC 314-55 as currently enacted or subsequently amended).

B.

Odors and ventilation.

1.

All cannabis uses shall be ventilated so that the odor of cannabis shall not be detectable from a public place, including, but not limited to, sidewalks, roads, and parking lots; or from a property owned or leased by another person.

2.

Cannabis uses located in buildings that have, or have the potential to have, other tenants shall have separate heating, cooling, and ventilation systems.

C.

Producers and production facilities.

1.

A cannabis producer license allows the licensee to produce cannabis for sale at wholesale to cannabis processor licensees and to other cannabis producer licensees. Cannabis production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.

2.

The maximum amount of space for cannabis production is limited to two million square feet state-wide. Applicants must designate on their operating plan the size category of the production premises and the amount of actual square footage in their premises that will be designated as plant canopy. There are three categories as follows:

a.

Tier 1—Less than two thousand square feet;

b.

Tier 2—Two thousand square feet to nine thousand nine hundred ninety-nine square feet; and

c.

Tier 3—Ten thousand square feet to thirty thousand square feet.

3.

Outdoor production is prohibited. Production shall be fully enclosed in a secure structure.

D.

Processors and processing facilities.

1.

A cannabis processor license allows the licensee to process, package, and label usable cannabis and cannabis-infused products for sale at wholesale to cannabis retailers. A cannabis processor is allowed to blend tested usable cannabis from multiple lots into a single package for sale to a cannabis retail licensee providing the label requirements for each lot uses in the blend are met and the percentage by weight if each lot is also included on the label.

2.

A processor shall meet the requirements as set forth in WAC 314.55.077.

3.

A processor building footprint shall not exceed ten thousand square feet in size and all activities of said use shall be conducted indoors. A processor must meet the security requirements described in WAC 314-55-083, which shall be confirmed for compliance by the city prior to issuance of a building permit.

E.

Retailers and retail establishments.

1.

A cannabis retailer license allows the licensee to sell only usable cannabis, cannabis-infused products, and cannabis paraphernalia in retail establishments to persons twenty-one years of age and older.

2.

Cannabis extracts, such as hash, hash oil, shatter, and wax can be infused in products sold in a cannabis retail establishment, but RCW 69.50.354 does not allow the sale of extracts that are not infused in products. A cannabis extract does not meet the definition of a cannabis-infused product per RCW 69.50.101.

3.

Marijuana retail uses shall not include drive-throughs, exterior, or off-site sales. Internet sales and delivery of product is prohibited.

4.

No sampling or consuming of cannabis, cannabis-infused products, or cannabis paraphernalia shall occur on premises of licensed retail establishments and retailers must meet the security requirements described in WAC 314-55-083, which shall be confirmed for compliance by the city prior to issuance of a building permit.

F.

Crime prevention through environmental design (CPTED).

1.

Each application for a cannabis related business shall be required to complete a CPTED review by the Black Diamond police department and to implement any CPTED measure directed. Each applicant shall be required to provide certification of CPTED completion, as well as evidence of compliance with required CPTED measures.

2.

All city officials shall have free access to cannabis related businesses licensed under the provisions of this chapter for the purposes of inspecting and enforcing compliance with the provisions of the chapter, including periodic CPTED review and compliance required CPTED measures as directed by the Black Diamond police department.

G.

Entry prohibitions for certain persons. It is unlawful for the owner, proprietor, manager, or person in charge of any cannabis related business licensed under the provisions of this chapter, or for any employee of said place, to allow entry or admission to any person under twenty-one years of age, any lewd or dissolute person, any drunken or boisterous person, or any person under the influence of any intoxicant.

H.

Law enforcement officers entry right. It is unlawful for the owner, proprietor, manager, or person in charge of any cannabis related business licensed under the provisions of this chapter to refuse admission to any police officer of the city or of the state, or any officer of the United States government charged with the duty of enforcing the police laws of the United States. Said officers shall have free access at all times to any cannabis related businesses licensed under the provisions of this chapter.

(Ord. No. 24-1214, § 2(Attach. A), 12-5-2024)

A.

A valid, current license is required from the Washington State Liquor and Cannabis Board for operation of any cannabis producer, processor, or retail establishment.

B.

A business license is required from the city for operation of any cannabis producer, processor, or retail establishment.

(Ord. No. 24-1214, § 2(Attach. A), 12-5-2024)

All signage and advertising for a cannabis producer, processor, or retail establishment shall comply with all applicable provisions of the Black Diamond Municipal Code and WAC 314-55-155 (and all applicable rules and regulations promulgated thereunder).

(Ord. No. 24-1214, § 2(Attach. A), 12-5-2024)

A.

Security measures at all licensed premises shall comply with the requirements of WAC 314-55-083 (and all applicable rules and regulations promulgated thereunder).

B.

The city shall require producers, processors, and retail establishments to install additional security features where feasible, including, but not limited to, security gates over windows and/or doors, glass break sensors included in the alarm system, motion detectors, bollards, and additional site lighting to deter criminal activity. These additional security measures will be evaluated at site plan review and/or building permit review.

(Ord. No. 24-1214, § 2(Attach. A), 12-5-2024)

By accepting a permit issued pursuant to this chapter, all licensees (as defined in WAC 314-55-010(19), jointly and severally, if more than one, agree to indemnify, defend and hold harmless the city, its officers, elected officials, employees, volunteers and agents, insurers and self-insurance pool against all liability, claims and demands on account of any 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 arising out of or in any manner connected with the operation of the cannabis business that is the subject of the license.

(Ord. No. 24-1214, § 2(Attach. A), 12-5-2024)

The city hereby adopts WAC 314-55 by reference, as well as RCW 69.50.101.

(Ord. No. 24-1214, § 2(Attach. A), 12-5-2024)

The city adopts the definitions in WAC 314-55-010 and RCW 69.50.101, except "retail outlet" and "retail establishment" may be used interchangeably.

(Ord. No. 24-1214, § 2(Attach. A), 12-5-2024)