Mason County recognizes Initiative Measure No 502 amending RCW 69.50 (Uniform Controlled Substance Act) as to the state's approach to adult use of recreational marijuana, and the addition of Chapter 314-55 WAC expanding the authority of the Washington State Liquor Control Board to include the regulation of marijuana licenses, the application process, the requirements, and the reporting associated therewith. ;nh0; (Ord. No. 58-14, att. A, 10-21-2014)

Section 69.50.500 RCW states that it is "the duty of the state board of pharmacy, the department [of health], the state liquor control board, and their officers, agents, inspectors and representatives, and all law enforcement officers within the state, and of all prosecuting attorneys, to enforce all provisions of [Chapter 69.50] ...", including those specific to recreational marijuana. The implementing rules of Chapter 314-55 WAC defer to the roles of those enforcement agencies adding, however, that "[t]he issuance or approval of a license shall not be construed as a license for, or an approval of, any violations of local rules or ordinances including, but not limited to: Building and fire codes, zoning ordinances, and business licensing requirements." WAC 314-55-020(11) While an approved license does not circumvent local ordinances, the state will also not deny a license based solely on noncompliance with local land use regulations. Therefore, it is incumbent upon Mason County to adopt the ordinance codified in this section as this county's policies and procedures with respect to recreational marijuana.

(Ord. No. 58-14, att. A, 10-21-2014)

Definitions culled from Section 69.50.101 RCW and included in WAC 315-55-010 are adopted herein for the purpose of this chapter only.

(a)

"Applicant" or "marijuana license applicant" means any person or business entity who is considered by the board as a true party of interest in a marijuana license, as outlined in WAC 314-55-035.

(b)

"Business name" or "trade name" means the name of a licensed business as used by the licensee on signs and advertising.

(c)

"Child care center" 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.

(d)

"Elementary school" means a school for early education that provides the first four to eight years of basic education and recognized by the Washington State Superintendent of Public Instruction.

(e)

"Financier" means any person or entity that has made or will make an investment in the licensed business. A financier can be a person or entity that provides money as a gift, loans money to the applicant/business and expects to be paid back the amount of the loan with or without interest, or expects any percentage of the profits from the business in exchange for a loan or expertise.

(f)

"Game arcade" means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted.

(g)

"Library" means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.

(h)

"Licensee" or "marijuana licensee" means any person or entity that holds a marijuana license, or any person or entity who is a true party of interest in a marijuana license, as outlined in WAC 314-55-035.

(i)

"Lot" means either of the following:

1.

The flowers from one or more marijuana plants of the same strain. A single lot of flowers cannot weigh more than five pounds; or

2.

The trim, leaves, or other plant matter from one or more marijuana plants. A single lot of trim, leaves, or other plant matter cannot weigh more than fifteen pounds.

(j)

"Marijuana strain" means a pure breed or hybrid variety of Cannabis reflecting similar or identical combinations of properties such as appearance, taste, color, smell, cannabinoid profile, and potency.

(k)

"Member" means a principal or governing person of a given entity, including, but not limited to: LLC member/manager, president, vice-president, secretary, treasurer, CEO, director, stockholder, partner, general partner, limited partner. This includes all spouses of all principals or governing persons named in this definition and referenced in WAC 314-55-035.

(l)

"Pesticide" means, but is not limited to:

(1)

Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest;

(2)

Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and

(3)

Any spray adjuvant.

Pesticides include substances commonly referred to as herbicides, fungicides, and insecticides.

(m)

"Perimeter" means a property line that encloses an area.

(n)

"Playground" means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government.

(o)

"Public park" means an area of land for the enjoyment of the public, having facilities for rest and recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, or federal government.

(p)

"Public transit center" 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.

(q)

"Recreation center or facility" 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.

(r)

"Residence" means a person's address where he or she physically resides and maintains his or her abode.

(s)

"Secondary school" 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.

(t)

"Unit" means an individually packaged marijuana infused solid or liquid product, not to exceed ten servings or one hundred milligrams of active tetrahydrocannabinol (THC), or Delta 9.

(Ord. No. 58-14, att. A, 10-21-2014)

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.

(Ord. No. 58-14, att. A, 10-21-2014)

(a)

Lighting: All lights used for the production and processing of marijuana shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the parcel upon which they are placed.

(b)

Special Use Permit: A special use permit is required for any licensed producer in a rural residential 5 zoning district; and for any deviation from the rules and regulations as adopted in this chapter in accordance with MCC chapter 17.05.

(c)

Buffers/Setbacks: There shall be a one hundred-foot buffer from any portion of a production or processing operation to the nearest property line in all rural residential districts. A variance may be sought under Mason County Code Chapter 15.05, article IV (variances) and considered on an individual basis for any buffer that is less than one hundred feet.

(Ord. No. 58-14, att. A, 10-21-2014)

Marijuana grow operations, known as producers, are measured by their plant canopy. This is the square footage dedicated to live plant production, such as maintaining mother plants, propagating plants from seed to plant tissue, clones, vegetative or flowering area. Plant canopy does not include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc. Production operations are categorized by the state in the amount of actual square footage in their premises that will be designated as plant canopy. There are three categories as follows:

Tier 1 - Less than two thousand square feet;

Tier 2 - Two thousand square feet to ten thousand square feet; and

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

Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in non-rigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdoor producers must meet security requirements described in WAC 314-55-083.

Licensed INDOOR and OUTDOOR marijuana producers are permitted within the following nonresidential zoning districts, subject to the restrictions of all currently adopted codes and ordinances.

(a)

Rural commercial 2 (RC 2) (chapter 17.04, div. II, art. 2);

(b)

Rural commercial 3 (RC 3) (chapter 17.04, div. II, art. 3);

(c)

Rural commercial 4 (RC 4) (chapter 17.04, div. II, Art. 4);

(d)

Rural commercial 5 (RC 5) (chapter 17.04, div. II, art. 5);

(e)

Rural industrial (RI) (chapter 17.04, div. III);

(f)

Rural natural resource (RNR) (chapter 17.04, div. IV);

(g)

Low intensity mixed use (MU) - Shelton UGA (chapter 17.07, art. 2);

(h)

General commercial (GC) - Shelton UGA (chapter 17.07, art. 3);

(i)

Commercial-industrial (Cl) - Shelton UGA (chapter 17.07, art. 4);

(j)

Airport industrial (Al); subject to all codes, covenants, and restrictions of the Port of Shelton - Shelton UGA (chapter 17.07, art. 5);

(k)

Industrial (I) - Shelton UGA (chapter 17.07, art. 6);

(l)

Highway commercial district (HC) - Allyn UGA (chapter 17.12, art. 3);

(m)

Business park (BP) - Allyn UGA (chapter 17.12, art. 4);

(n)

Mixed use (MU) - Belfair UGA (section 17.23.120);

(o)

General commercial (GC) - Belfair UGA (chapter 17.24);

(p)

Business industrial (BI) - Belfair UGA (chapter 17.24).

Licensed INDOOR producers are permitted within the rural residential districts subject to following restrictions.

Licensed indoor producers in rural residential 2.5 and 5 must obtain a special use permit and be on five acres or larger. Outdoor production is prohibited in all rural residential districts. Licensed indoor producers are permitted within the rural residential 10 and 20 districts on parcels five acres or larger; and all structures are required to meet the building regulations for size, and height of non-agricultural and accessory buildings for each respective zoning district.

(Ord. No. 58-14, att. A, 10-21-2014; Ord. No. 2023-045, Att. A, 8-15-2023)

A marijuana processor license allows the licensee to process, package, and label usable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers. Licensed marijuana processors are permitted within the following non-residential zoning districts, subject to the restrictions of all currently adopted codes and ordinances.

(a)

Rural commercial 2 (RC 2) (chapter 17.04, div. II, art. 2);

(b)

Rural commercial 3 (RC 3) (chapter 17.04, div. II, art. 3);

(c)

Rural commercial 4 (RC 4) (chapter 17.04, div. II, art. 4);

(d)

Rural commercial 5 (RC 5) (chapter 17.04, div. II, art. 5);

(e)

Rural industrial (RI) (chapter 17.04, div. III);

(f)

Rural natural resource (RNR) (chapter 17.04, div. IV);

(g)

Low intensity mixed use (MU) - Shelton UGA (chapter 17.07, art. 2);

(h)

General commercial (GC) - Shelton UGA (chapter 17.07, art. 3);

(i)

Commercial-industrial (CI) - Shelton UGA (chapter 17.07, art. 4);

(j)

Airport industrial (AI); subject to all codes, covenants, and restrictions of the Port of Shelton - Shelton UGA (chapter 17.07, art. 5);

(k)

Industrial (I) - Shelton UGA (chapter 17.07, Art 6);

(l)

Highway commercial district (HC) - Allyn UGA (chapter 17.12, art. 3);

(m)

Business park (BP) - Allyn UGA (chapter 17.12, art. 4);

(n)

Mixed use (MU) - Belfair UGA (section 17.23.120);

(o)

General commercial (GC) - Belfair UGA (chapter 17.24);

(p)

Business industrial (BI) - Belfair UGA (chapter 17.24).

Licensed processors are permitted within the rural residential districts on parcels five acres or larger; and are required to meet the building regulations floor area ratio, size, and height of non-agricultural and accessory buildings for each respective zoning district. Licensed processors in rural residential 5 must obtain a special use permit.

(Ord. No. 58-14, att. A, 10-21-2014)

A marijuana retailer license allows the licensee to sell only usable marijuana, marijuana-infused products, and marijuana paraphernalia at retail in retail outlets to persons twenty-one years of age and older. Licensed marijuana processors are permitted within the following zoning districts and subject to the restrictions of all currently adopted codes and ordinances:

(a)

Rural commercial 2 (RC 2) (chapter 17.04, div. II, art. 2);

(b)

Rural commercial 3 (RC 3) (chapter 17.04, div. II, art. 3);

(c)

Rural commercial 4 (RC 4) (chapter 17.04, div. II, art. 4);

(d)

Rural commercial 5 (RC 5) (chapter 17.04, div. II, art. 5);

(e)

General commercial (GC) - Shelton UGA (chapter 17.07, art. 3);

(f)

Commercial-industrial (CI) - Shelton UGA (chapter 17.07, art. 4);

(g)

Highway commercial district (HC) - Allyn UGA (chapter 17.12, art. 3);

(h)

Business park (BP) - Allyn UGA (chapter 17.12, art. 4);

(i)

Mixed use (MU) - Belfair UGA (section 17.23.120);

(j)

General commercial (GC) - Belfair UGA (chapter 17.24).

(Ord. No. 58-14, att. A, 10-21-2014)

Any violations of this chapter may be enforced as set forth in chapter 15.13 (enforcement), or as applicable, in 69.50 RCW and 314-55 WAC.

(Ord. No. 58-14, att. A, 10-21-2014)