Colfax City Zoning Code
CHAPTER 17
15 MARIJUANA
§ 17.15.010 Findings and purpose.
A.
The council adopts all of the "whereas" sections of the ordinance codified in this chapter as findings to support this chapter.
B.
The purpose of this chapter is to establish where recreational marijuana producers, processors, and retail outlets as well as medical marijuana collective gardens may locate in the city, and to describe the restrictions upon such uses.
C.
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 law prohibiting the acquisition, possession, manufacture, sale or use of medical cannabis or marijuana in any manner not authorized by Chapter 69.51A or 69.50 RCW. Nothing in this chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein. It is the intention of the city council that this chapter be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass.
D.
No use that constitutes or purports to be a marijuana production, processing, or retail facility for medical and recreational marijuana, which was engaged in that activity prior to the adoption of these regulations, shall be deemed to have been legally established under the provisions of the Colfax Municipal Code (CMC) and that use shall not be entitled to claim legal nonconforming status.
E.
Medical and recreational marijuana production, processing, and retail facilities shall comply with all applicable development and administrative standards contained in the CMC.
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.020 Definitions.
The definitions in this section apply throughout this chapter, and the city also adopts the definitions in WAC 314-55-010 and RCW 69.50.101.
means an entity that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours licensed by the Washington State Department of Early Learning, under Chapter 170-295 WAC.
means those gardens authorized under Section 403 of SB 5073, which means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use such as, for example, a location for a collective garden; equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants.
means the planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof.
means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
means a person who:
Is eighteen years of age or older;
Has been designated in a written document signed and dated by a qualifying patient to serve as a designated provider under this chapter and Chapter 69.51A RCW; and
Is in compliance with the terms and conditions set forth in RCW 69.51A.040. A qualifying patient may be the designated provider for another qualifying patient and be in possession of patients' cannabis at the same time.
means any building or portion thereof which contains living facilities including provisions for sleeping, eating, cooking, and sanitation.
means a school for early education that provides the first four to eight years of basic education and is recognized by the Washington State Superintendent of Public Instruction.
means an entertainment venue featuring primarily video games, simulators, and/or amusement devices where persons under twenty-one years of age are not restricted.
means within a fully enclosed and secure structure that complies with the Washington State Building Code, as adopted by the city, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two-inch by four-inch or thicker studs overlain with three-eighths-inch or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
means a parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels shall be counted as a single parcel for purposes of this chapter.
means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.
means all parts of the plant cannabis, whether growing or not, within 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. For the purposes of this chapter, "cannabis" or "marijuana" 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.
means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana-infused products" does not include usable marijuana.
means dried marijuana flowers. The term "usable marijuana" does not include marijuana-infused products.
refers to the manufacture, production, processing, possession, transportation, delivery, ingestion, application, or administration of marijuana for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical condition.
means any location that is not "indoors," within a fully enclosed and secure structure as defined herein.
means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision of agency or any other legal or commercial entity.
means any information that includes, but is not limited to, data that uniquely identify, distinguish, or trace a person's identity, such as the person's name, date of birth, or address, either alone or when combined with other sources, that establish the person is a qualifying patient or designated provider.
means a public recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, federal government, or private landowner.
means to handle or process cannabis in preparation for use.
means a person licensed by the State Liquor Control Board to process marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers.
means a person licensed by the State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
means to manufacture, plant, grow, or harvest cannabis or marijuana.
means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, metropolitan park district, or private landowner.
includes 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; premises where goods and services are offered to the public for retail sale; 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, buses, ferries, and other public conveyances of all kinds and character, and the depots, stops, and waiting rooms used in conjunction therewith which are open to unrestricted uses and access by the public; publicly owned bathing beaches, parks, 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.
means a facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route-to-route transfers.
means a person who:
Is a patient of a health care professional;
Has been diagnosed by that health care professional as having a terminal or debilitating medical condition;
Is a resident of the state of Washington at the time of such diagnosis;
Has been advised by the health care professional about the risks and benefits of the medical use of marijuana;
Has been advised by that health care professional that he or she may benefit from the medical use of marijuana; and
Is otherwise in compliance with the terms and conditions established in Chapter 69.51A RCW. The term "qualifying patient" does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this chapter and Chapter 69.51A RCW are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.
means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government.
refers to the use of cannabis and its constituent cannabinoids such as tetrahydrocannabinol (THC) and cannabidiol (CBD) for nonmedical purposes.
means a facility providing for treatment of drug and alcohol dependency.
means a location licensed by the State Liquor Control Board for the retail sale of usable marijuana and marijuana-infused products.
means a person licensed by the State Liquor Control Board to sell usable marijuana and marijuana-infused products in a retail outlet.
means a high and/or middle school: a school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington State Superintendent of Public Instruction.
means a location that is used primary by individuals under twenty-one years of age such as an elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, and game arcade.
means:
Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy, or other seizure disorder, or spasticity disorders; or
Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or
Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or
Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or
Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or
Diseases, including anorexia, which result in nausea, vomiting, cachexia, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or
Any other medical condition duly approved by the Washington State Medical Quality Assurance Commission in consultation with the Board of Osteopathic Medicine and Surgery as directed in this chapter.
means dried flowers of the cannabis plant. The term "usable cannabis or usable marijuana" does not include marijuana-infused products or cannabis products.
means:
A statement signed and dated by a qualifying patient's health care professional written on tamper-resistant paper, which states that, in the health care professional's professional opinion, the patient may benefit from the medical use of marijuana;
Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035; and
In the case of a designated provider, the signed and dated document valid for one year from the date of signature executed by the qualifying patient who has designated the provider.
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.030 Location criteria for marijuana uses.
A.
A medical and recreational marijuana licensee shall not be issued a license if the proposed licensed business is within one thousand feet of the perimeter of the grounds of any of the following entities. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the entities listed below:
B.
No marijuana producer, processor, or retail outlet for medical or recreational purposes may locate within any residentially zoned district unit in the city. Collective gardens may not locate within residentially zoned districts of the city.
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.040 Business license.
A.
A valid, current license is required from the Washington State Liquor Control Board for operation of any recreational marijuana, producer, processor, or retail outlet. A copy of this license shall be submitted to the city as part of the complete application for a permit required by Section 17.15.060.
B.
Should the city institute a business license program, it shall be required from the city for operation of any marijuana producer, processor, or retail outlet.
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.050 Marijuana uses allowed in identified zones.
A.
Marijuana production for medical and recreational purposes is an allowed use for those properties outside of the one-thousand-foot buffer around sensitive uses in the "M" manufacturing zoning district.
B.
Marijuana processing for medical and recreational purposes is an allowed use for those properties outside of the one-thousand-foot buffer around sensitive uses in the "M" manufacturing zoning district.
C.
Marijuana retail uses for medical or recreational purposes are allowed for those properties outside of the one-thousand-foot buffer around sensitive uses in the "C" commercial zoning district.
D.
Collective gardens for medical marijuana patients are allowed for those properties outside of the one-thousand-foot buffer around sensitive uses in the "C" commercial zoning district.
E.
No marijuana production, processing, or retail facilities for medical or recreational purposes shall be established or conducted in a building that contains a dwelling unit.
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.060 Medical marijuana collective garden land use permit.
In order to site a collective garden, the owner of the property must obtain approval from the city via a collective garden land use permit. This requires the submission of a complete application (as described in subsection D of this section) and conformance with the following requirements:
A.
The siting of collective gardens shall be done in accordance with Section 17.15.050 and subject to satisfying the locational criteria set forth herein.
B.
Ownership and Limitation on Numbers. No more than one collective garden may be located on a legal parcel of record, and the legal parcel must be owned or leased to one of the members of the collective garden. A qualifying patient cannot be a member of more than one collective garden, and must be a member of one collective garden for at least thirty days before transferring their membership to another garden. The collective garden must maintain records of its membership for no less than three years.
C.
Fencing Requirement. All cannabis grown outside must be fully enclosed by a secure fence at least eight feet in height. The fence must include a lockable gate that is locked at all times when a qualified patient or designated care provider is not in the immediate area. Said fence shall not violate any other ordinance, code section or provision of law regarding height and location restrictions and shall not be constructed or covered with plastic or cloth except shade may be used on the inside of the fence. The marijuana plants must not be visible from a public place.
D.
Collective Garden Land Use Permit Application. A complete application for a collective garden land use permit shall consist of the following:
1.
The name and address of all qualifying patients applying for the permit.
2.
Acknowledgment that they are responsible to possess proof of their qualifying status and a unique identifying number from the state of Washington driver's license or identification card for all qualifying patient members of the collective gardens on the premises at all times available for law enforcement.
3.
A statement acknowledging that the permit applied for will be issued in conformance with the laws of the state of Washington and that such issuance does not confer upon the members of the collective garden immunity from prosecution under federal law.
4.
The location of the legal parcel where the cultivation collective garden will be located, by street address and tax parcel number.
5.
If the collective garden is to be located outdoors, the measures to be taken to minimize odor-related complaints or a statement explaining why such measures are not necessary.
6.
Either the owner of the property shall sign the application, or the person signing it must demonstrate that they have permission to sign the application on behalf of the owner (for example, a copy of the lease, which shows that the lease is for the specific purposes of operating a collective garden).
E.
A medical marijuana collective garden land use permit shall expire three hundred and sixty-four days from the date of issuance. Property owners wishing to continue the land use permit must submit for the permit on an annual basis. The intent is to ensure continued compliance with the conditions of permit issuance and to also ensure that the members of the collective garden are not members of any other collective.
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.070 Documentation.
All marijuana producer, processor, and retailer applicants for medical or recreational purposes as well as collective garden applicants shall submit required materials specified in Titles 15 and 16.
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.080 Signs and advertising.
A.
All signage and advertising for a marijuana processor, producer, or retail outlet for medical or recreational purposes shall comply with this title and WAC 314-55-155 (and all applicable rules and regulations promulgated thereunder).
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.090 Security requirements.
Security measures at all licensed premises shall comply with the requirements of WAC 314-55-083 (and all applicable rules and regulations promulgated thereunder).
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.100 Report of disturbances and unlawful activity.
A.
All licensees and any agent, manager, and employee thereof shall immediately report to the city police department any disorderly act, conduct, or disturbance and any unlawful activity committed in or on the licensed and permitted premises, including, but not limited to, any unlawful resale of marijuana, and shall also immediately report any such activity in the immediate vicinity of the business.
B.
Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign with a minimum height of fourteen inches and a minimum width of eleven inches with each letter to be a minimum of one-half inch in height, which shall read as follows:
WARNING: |
The City of Colfax Police Department must be notified of all disorderly acts, conduct or disturbances, and all unlawful activities which occur on or within the premises of this licensed establishment. |
C.
It shall not be a defense to a prosecution of a code enforcement action under this section that the licensee was not personally present on the premises at the time such unlawful activity, disorderly act, conduct or disturbance was committed; however, no agent or employee of the licensee shall be personally responsible for failing to report any disorderly act, conduct, or disturbance and any unlawful activity hereunder if such agent, servant or employee was absent from the premises at the time such activity was committed.
D.
Failure to comply with the requirement of this section shall be grounds for revocation of a permit.
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.110 Visibility of activities – Control of emissions.
A.
All activities of the medical and recreational marijuana business, including, but not limited to, cultivating, growing, processing, displaying, manufacturing, selling, and storage, shall be conducted out of the public view.
B.
Displays for medical and recreational marijuana production, processing, or retail facilities shall not include any form of marijuana or marijuana paraphernalia against or within view of exterior windows.
C.
Medical and retail marijuana retail facilities shall not include as part of their operation drive-through sales, exterior sales, or off-site sales.
D.
Sufficient measures and means of preventing smoke, odors, debris, dust, fluids, and other substances from exiting the marijuana business must be in effect at all times. In the event that any odors, dust, fluids or other substances exit a marijuana business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for the immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items, and other substances in a safe, sanitary, and secure manner and in accordance with all applicable federal, state, and local laws and regulations.
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.120 Hours.
Medical and recreational marijuana retail facilities shall not be open to the public between the hours of twelve a.m. and eight a.m.
(Ord. 14-04 § 1 (Exh. 1) (part))
§ 17.15.130 No city liability – Indemnification.
A.
By accepting a permit issued pursuant to this chapter, the licensee waives and releases the city, its officers, elected officials, employees, volunteers, and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of federal, state, or local laws and regulations.
B.
By accepting a permit issued pursuant to this chapter, all licensees, 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 marijuana business that is the subject of the license.
(Ord. 14-04 § 1 (Exh. 1) (part))