A. No use that purports to be a recreational marijuana producer, processor, or retailer, as defined and regulated herein and in WAC 314-55, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use or entitled to claim legal non-conforming status.

B. For purposes of this Section and the standards applicable to state-licensed recreational marijuana uses, the terms and definitions provided in RCW Title 69 and WAC 314-55 shall generally apply unless the context clearly indicates otherwise.

A. Marijuana or marihuana: Marijuana or marijuana as defined in RCW 69.50.101 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 therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

B. Marijuana Processor: Marijuana Processor as defined in RCW 69.50.101, 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 the sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.

C. Marijuana Producer: Marijuana Producer as defined in RCW 69.50.101, means a person licensed by the state liquor control board to produce and sell marijuana at whole sale to marijuana processors and other licensed marijuana producers.

D. Marijuana-Infused Products: 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 0.3 percent and no greater than sixty percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates.

E. Marijuana Retailer: Marijuana Retailer as defined in RCW 69.50.101, means a person licensed by the state liquor control board to sell useable marijuana and marijuana-infused products in a retail outlet.

F. Marijuana Production, Processing and Retail Sales: As used in this ordinance, any reference to marijuana production, processing and retail sales shall refer ONLY to RECREATIONAL marijuana production, processing and retail sales.

G. Cultivation: Cultivation means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.

H. Indoors: Indoors means within a fully enclosed and secure structure that complies with the International Building Code, as adopted by the City of George, 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 two or more lockable doors, and constructed of solid materials that cannot be easily broken through. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

I. Outdoors: Outdoors means any location that is not “indoors” within a fully enclosed and secure structure as defined herein.

J. Useable Marijuana: Useable Marijuana means dried marijuana flowers. The term “useable marijuana” does not include marijuana-infused products.

K. Designated Provider: See RCW 69.51A.010(1).

L. Qualifying Patient: See RCW 69.51A.010(4).

M. Recognition Card: Recognition card means a card issued to qualifying patients and designated providers by a marijuana retailer with a medical marijuana endorsement that has entered them into the medical marijuana authorization database.

A. Failure of the enforcing officer to require such information shall not be construed as relieving the operator and/or the proprietor from compliance with the environmental performance standards of this title.

B. Marijuana producers, processors, and retail sales shall incorporate odor control technology and provisions to ensure that emissions do not exceed Washington Clean Air Act regulations as contained in Chapter 70.94 RCW.

A. No more than four qualifying patients or designated providers may become members of a cooperative under this section and all members must hold valid recognition cards. All members of the cooperative must be at least twenty-one years old. The designated provider of a qualifying patient who is under twenty-one years old may be a member of a cooperative on the qualifying patient’s behalf.

B. No person shall engage in a medical marijuana cooperative without first having obtained from the City a valid and current registration authorizing such person to engage in operation. This registration shall be in addition to any other registrations or permits required by State or Federal laws. Such registration is non-transferable.

C. Cooperatives shall not be located within one mile of a marijuana retailer.

D. No cooperative shall be permitted within one thousand (1,000) feet of any other medical marijuana cooperative.

E. Only one (1) cooperative is permitted on any one site.

F. No cooperative shall be permitted within one thousand (l,000) feet of any public parks, playgrounds, recreation/community centers, libraries, child care centers, schools, game arcades and public transit centers.

G. The location of the cooperative shall be the domicile of one of the participants.

H. The qualifying patients or designated providers of any cooperative shall not grow more than the maximum of sixty plants or possess more than seventy-two ounces of useable marijuana.

I. The cultivation and processing of medical marijuana shall not be readily seen by normal unaided vision or readily smelled from a public place or the private property of another housing unit.

A. As provided in RCW 69.50.331 and WAC 314-55-050, marijuana producers, marijuana processors, and marijuana retailers, shall not be allowed to locate within 1,000 feet of playgrounds, elementary schools, or secondary schools.

B. The City finds that the reduction in buffers for public parks, recreation/community centers, libraries, child care centers, game arcades, and public transit centers will not negatively impact the City’s civil regulatory enforcement, criminal law enforcement interests, public safety, or public health. Therefore, the City establishes the following buffers for marijuana producers, marijuana processors, and marijuana retailers:

C. For purposes of these standards, these uses are defined in WAC 314-55. The methodology for measuring the buffers shall be as provided in WAC 314-55. It shall be the responsibility of the owner or operator of the proposed state-licensed marijuana use to demonstrate and ensure that a proposed location is not within one of the buffers.

A. Marijuana producers are prohibited in all zones.

B. Marijuana processors and marijuana retailers shall only be permitted as allowed under RCW 69.50 and WAC 314-55 and shall only be operated by persons or entities holding a valid marijuana license from the Washington State Liquor Control Board issued under Chapter 314-55 WAC and any other applicable state laws and regulations.

C. Marijuana processors and marijuana retailers shall only be allowed with in the City of George municipal boundaries if appropriately licensed by the State of Washington and in possession of a current business license issued by the City of George, and operated consistent with the requirements of the State and all applicable City ordinances, rules, requirements, and standards.

D. Marijuana processors and marijuana retailers shall be the primary use at a location, and shall only be allowed within the City of George in those zoning districts where it is specifically identified as an allowed use.

E. The production, processing, selling, or delivery of recreational marijuana, marijuana-infused products, or useable marijuana may not be conducted alone or in association with any business establishments, dwelling unit, or home occupation located in any of the following zoning districts in the City of George:

F. Recreational marijuana processing facilities shall be designed to include controls and features to prevent odors from traveling off-site and being detected from a public place, the public right of way, or properties owned or leased by another person or entity.

G. Marijuana retailers shall not include drive-thru, exterior, or off-site sales. Marijuana retailers shall not be located in a mobile or temporary structure.

H. In accordance with WAC 314-55-147, marijuana retail sales shall not be open to the public between the hours of 12 a.m. and 8 a.m.

I. Signage for marijuana processing and retail businesses shall be subject to the requirements of WAC 314-55-155. No off-premises signage is permitted.

J. Displays against or adjacent to exterior windows shall not include marijuana or marijuana paraphernalia.

K. An existing non-conforming use located within a zoning district that would otherwise not permit marijuana uses, such as an old convenience store in a residential district, shall not be allowed to convert to a marijuana use.

L. Marijuana processors and marijuana retailers shall connect to all City of George utilities.

M. Marijuana processing and marijuana retail sales are not permitted as a home occupation under GMC Chapter 19.59.

O. Retail marijuana sales may not be located within any other businesses and may only be located in buildings with other uses only if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel.

P. Marijuana processing and marijuana retail sales are subject to all applicable requirements of Title 69 RCW and Chapter 314-55 WAC and other state statutes, as they now exist or may be amended.

Q. Marijuana processing and retail sales must take place within fully enclosed secure indoor facilities.

R. No marijuana processing or delivery of marijuana shall be visible to the public nor may it be visible through windows. A screened and secured loading dock, approved by the Planning Director shall be required. The objective of this requirement is to provide a secure, visual screen from the public right of way and adjoining properties, and prevent the escape of product when delivering or transferring marijuana, useable marijuana, and marijuana-infused products.

S. All marijuana processors and retailers shall allow inspection of the site and facilities by City personnel including law enforcement for compliance with all applicable state and local permits and licenses at any time during regular business hours.

T. An application for a recreational marijuana business shall include the following information in addition to any application requirements required by the underlying zone:

U. A recreational marijuana business shall meet all security requirements as required by WAC 314-55-083 and shall provide proof of such operational security system prior to issuance of a City business license. In addition to the security requirements in Chapter 314-55 WAC, during non-business hours, all recreational marijuana producers, processors, and retailers shall store all useable marijuana, marijuana-infused product, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For useable marijuana products that must be kept refrigerated or frozen, these products may be stored in a locked refrigerator or freezer container in a manner approved by the Planning Director, provided the container is affixed to the building structure.

V. All fertilizers, chemicals, gases, and hazardous materials shall be handled in compliance with all applicable local, state, and federal regulations. No fertilizers, chemicals, gases, or hazardous materials shall be allowed to enter a sanitary sewer or storm sewer system, nor be released into atmosphere outside of the structure where the business is located.