The purpose of this chapter is to both address Initiative 502 passed by Washington voters at the November 6, 2012 general election (Laws of 2013, Ch. 3) and Chapter 69.51A of the Revised Code of Washington by identifying land use zones and establishing regulations relating to locations where collective gardens, marijuana processing facilities, marijuana production facilities, marijuana retail outlets, and similar facilities are not prohibited in the City of Cheney. Nothing herein shall be construed as authority to violate any United States law. Affirmative terminology used in this chapter regarding permitting, licensing, authorization, and similar terms, shall not be construed as approval, support, endorsement, or encouragement of the activities therein addressed. Such terms shall instead be construed only to describe circumstances under which there is conditional absence of local prohibition. The City of Cheney does not hereby intend to aid, abet, counsel, command, induce or procure any offense against the United States. The City of Cheney also does not hereby intend to conspire with any marijuana producer, processor, or retailer to commit any offense against the United States. The purpose of this chapter is to establish local laws which protect public health, safety, and welfare to the greatest extent allowed by a Washington state law that cannot be reconciled with United States law. Nothing herein shall be construed to supersede United States law prohibiting the possession, use, manufacture, or sale of marijuana.

(Ord. No. W-33, § 8A, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

1.

Collective garden means a garden created or participated in by qualifying patients, pursuant to RCW 69.51A.085 for the purpose of producing, processing, transporting, and delivering cannabis for medical use. A collective garden provides qualified patients with the shared responsibility to acquire and supply the resources necessary to produce and process cannabis for medical use, to include equipment, supply, labor, plants, and a facility.

2.

Medical cannabis dispensary, to the extent authorized by Washington law means a building that dispenses cannabis for medical use for qualifying patients.

3.

Medical cannabis processing facility, to the extent authorized by Washington law means a building that processes cannabis for medical use.

4.

Medical cannabis production facility, to the extent authorized by Washington law means used to farm, grow, plant, or produce cannabis for medical cannabis processors and medical cannabis dispensaries.

5.

Marijuana, marijuana-infused products, marijuana producer, marijuana processor, and marijuana retailer shall have the meaning set forth in RCW 69.50.101.

6.

Marijuana or cannabis 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 there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

7.

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.

8.

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.

9.

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

10.

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 useable marijuana.

11.

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

12.

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

(Ord. No. W-33, § 8B, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

The marijuana uses (described below) are conditionally allowed in the zones identified in 21.3221.14 (Marijuana Retail Overlay Zone), 21.34 (Business Park) and 21.36 (Light Industrial) and may not be allowed in other zone as a non-conforming situation, or by rezone, variance, special use permit, special exception, or any other type of license or authorization, of any kind whatsoever. Collective gardens, marijuana processing facilities, medical cannabis processing facilities, marijuana production facilities, medical cannabis production facilities, marijuana retail outlets, and medical cannabis dispensaries are not allowed in any zone except those identified above. The applicant is responsible to mail the notice of application for any conditional use permit to all property owners within 1,000 feet of the property that is the subject of the application.

(Ord. No. W-62, § 1, 4-14-2015; Ord. No. W-58, § 3, 12-23-2014; Ord. No. W-33, § 8C, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

Editor's note— The interim zoning regulations established by Ord. No. W-58, § 3, adopted Dec. 23, 2014, shall be in effect until six months from the effective date set forth by said ordinance, unless extended by the city council, pursuant to state law.

No property located in a zoning district where collective gardens, marijuana processing facilities, medical cannabis processing facilities, marijuana production facilities, medical cannabis production facilities, marijuana retail outlets, and medical cannabis dispensaries are prohibited may be rezoned to a zoning classification in which such uses might be conditionally allowed. No property located in a zoning district where certain marijuana related facilities are conditionally allowed and other types of marijuana facilities are prohibited may be rezoned to a zoning classification in which such prohibited uses might be conditionally allowed.

(Ord. No. W-33, § 8D, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

No collective garden, marijuana processing facility, medical cannabis processing facility, marijuana production facility, medical cannabis production facility, marijuana retail outlet, or medical cannabis dispensary may be located within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or any game arcade. The distance shall be measured as the shortest straight line distance from the property line of the premises upon which the garden, facility, outlet, or dispensary is located 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 any game arcade. The foregoing are continuing requirements in order to maintain a permit.

(Ord. No. W-33, § 8E, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

No more than a maximum total of two conditional use permits may be issued for marijuana retail outlets and medical cannabis dispensaries in the City of Cheney regardless of the number of applicants. These are not separate limits. For purposes of this limitation, marijuana retail outlets and medical cannabis dispensaries are deemed to be equivalent to each other. No application for a marijuana retail outlet or a medical cannabis dispensary may be approved during any period when two conditional use permits, in any combination, are already in effect.

(Ord. No. W-33, § 8F, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

1.

Collective gardens marijuana production facilities, and medical cannabis production facilities must satisfy all of the requirements for marijuana production under regulations and rules promulgated by the state liquor control board.

2.

Marijuana processing facilities and medical cannabis production facilities must satisfy all of the requirements for marijuana processing under regulations and rules promulgated by the state liquor control board.

3.

Marijuana retail outlets and medical cannabis dispensaries must satisfy all of the requirements for marijuana retailers under regulations and rules promulgated by the state liquor control board.

4.

The foregoing are continuing requirements in order to maintain a permit.

(Ord. No. W-33, § 8G, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

1.

Marijuana retail outlets and medical cannabis dispensaries must be fully enclosed secure indoor facilities.

2.

Marijuana retail outlets and medical cannabis dispensaries shall not display any signage in a window, on a door, or on the outside of the premises of any retail outlet or dispensary that is visible to the general public from a public right-of-way, other than a single sign no larger than 1,600 square inches identifying the retail outlet by the licensee's business or trade name. Signs must also meet all other requirements of City of Cheney sign regulations; provided that signage limitations and restrictions established by this section or rules and regulations promulgated by the state liquor control board shall supersede less restrictive city sign regulations.

3.

Marijuana retail outlets and medical cannabis dispensaries shall not display useable marijuana or marijuana infused products in a manner that is visible to the general public from a public right-of-way.

4.

The foregoing are continuing requirements in order to maintain a permit.

(Ord. No. W-33, § 8H, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

An existing collective garden in operation as of the effective date of the ordinance from which this section derives shall be brought into full compliance with the provisions of this ordinance within one year of its effective date. In the event the Washington Legislature repeals the right to operate a collective garden, such use in the city shall become nonconforming and shall thereafter discontinue operation seven years from the effective date of the repeal. The city finds and declares that such nonconforming use is detrimental to the public health and safety provided there are reasonable alternatives, to the extent authorized by law, to obtain cannabis for medical use.

(Ord. No. W-33, § 8I, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

1.

Mandatory revocation. A permit for a collective garden, marijuana processing facility, medical cannabis processing facility, marijuana production facility, medical cannabis production facility, marijuana retail outlet, or medical cannabis dispensary shall be revoked whenever:

A.

The location of the collective garden, marijuana processing facility, medical cannabis processing facility, marijuana production facility, medical cannabis production facility, marijuana retail outlet, or medical cannabis dispensary no longer satisfies buffer zone requirements subject to vested rights which attach to the real property and permit the use through application of Washington law.

B.

The owner or operator of the collective garden, marijuana processing facility, medical cannabis processing facility, marijuana production facility, medical cannabis production facility, marijuana retail outlet, or medical cannabis dispensary no longer holds a valid license from the state liquor control board.

2.

Discretionary revocation. A permit for a collective garden, marijuana processing facility, medical cannabis processing facility, marijuana production facility, medical cannabis production facility, marijuana retail outlet, or medical cannabis dispensary may be revoked whenever a permit holder fails to satisfy any permit condition other than one requiring mandatory revocation.

3.

Hearing. Permit holders shall be given an opportunity for a hearing with the Cheney Hearing Examiner before a permit is revoked. Failure to appear at a scheduled hearing shall waive any hearing and constitute grounds for entry of a default order of revocation.

(Ord. No. W-33, § 8J, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

In addition to notice of application/proposal required by Cheney Municipal Code section 23.030 and notice of hearing required by Cheney Municipal Code section 23.100, notice of application/proposal and notice of hearing shall be delivered or mailed to the record owner(s) of property, as shown by the records of the Cheney County Assessor, which is within 1,000 feet of the proposal site. The distance shall be measured as the shortest straight line distance from the property line of the proposal site to the property line of the other property.

(Ord. No. W-33, § 8K, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

In addition to all other fees that apply, the applicant for a permit for a collective garden, marijuana processing facility, medical cannabis processing facility, marijuana production facility, medical cannabis production facility, marijuana retail outlet, or medical cannabis dispensary shall pay an extra fee of $300.00 to defray additional costs incurred to process such applications.

(Ord. No. W-33, § 8L, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)

1.

It is unlawful to locate, create or participate in a collective garden located in the SR-2 Semi Rural Residential, the CALR Critical Area Limited Residential, the R-1 Single Family Residential, the R-2 Two Family Residential, the R-3 Multi-Family Residential, the R-3H High Density Multi-Family Residential, the Membership Lodging Special Overlay District, the NCS Neighborhood Shopping Center, the C-1 Downtown Commercial, the C-2 General Commercial, , or the P Public zone within the City of Cheney.

2.

It is unlawful to license, own or operate a marijuana retail outlet or medical cannabis dispensary located in the SR-2 Semi Rural Residential, the CALR Critical Area Limited Residential, the R-1 Single Family Residential, the R-2 Two Family Residential, the R-3 Multi-Family Residential, the R-3H High Density Multi-Family Residential, the Membership Lodging Special Overlay District, the NCS Neighborhood Shopping Center, the C-1 Downtown Commercial, the BP Business Park, the I-L Light Industrial, or the P Public zone within the City of Cheney.

3.

It is unlawful to license, own or operate a marijuana processing facility or a medical cannabis processing facility in the SR-2 Semi Rural Residential, the CALR Critical Area Limited Residential, the R-1 Single Family Residential, the R-2 Two Family Residential, the R-3 Multi-Family Residential, the R-3H High Density Multi-Family Residential, the Membership Lodging Special Overlay District, the NCS Neighborhood Shopping Center, the C-1 Downtown Commercial, the C-2 General Commercial, or the P Public zone within the City of Cheney.

4.

It is unlawful to license, own or operate a marijuana production facility or a medical cannabis production facility in the SR-2 Semi Rural Residential, the CALR Critical Area Limited Residential, the R-1 Single Family Residential, the R-2 Two Family Residential, the R-3 Multi-Family Residential, the R-3H High Density Multi-Family Residential, the Membership Lodging Special Overlay District, the NCS Neighborhood Shopping Center, the C-1 Downtown Commercial, the C-2 General Commercial, or the P Public zone within the City of Cheney.

5.

It is unlawful to own, operate or participate in a marijuana processing facility, medical cannabis processing facility, marijuana production facility, medical cannabis production facility, marijuana retail outlet, or medical cannabis dispensary without a valid license issued by the state liquor control board and a valid permit issued by the City of Cheney.

6.

It is unlawful to create, participate in, own, or operate a collective garden, marijuana processing facility, medical cannabis processing facility, marijuana production facility, medical cannabis production facility, marijuana retail outlet, or medical cannabis dispensary that is located within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or any game arcade.

7.

Violation of this section shall be a civil infraction punishable under Cheney Municipal Code section 1.27.

8.

Violation of this section is additionally declared to be a nuisance.

(Ord. No. W-33, § 8M, 12, 4-22-2014; Ord. No. W-18, § 8, 11-26-2013)