Medical marijuana collective gardens as provided below.

(Ord. No. 2012-2, § 3.02, 5-29-12)

The purpose of this chapter is to provide guidelines and conditions necessary for the establishment of collective medicinal cannabis gardens (hereinafter sometimes referred to as a "collective garden" or "cannabis garden") within the incorporated city limits of the city of Morton. For the purposes of this chapter, a "cannabis garden" or a "collective garden" is a location where cannabis or marijuana is grown or produced collectively and strictly for medicinal purposes consistent with the meaning, intent, and provisions of RCW 69.51A and applicable federal law. This chapter is authorized by and is adopted to implement the provisions of RCW 69.51A consistent with applicable federal law. The city of Morton does not condone violating federal drug laws, but finds it necessary to establish zoning controls to separate this use from incompatible uses and to also minimize potential nuisances. Nothing in this section should be misconstrued as providing permission to violate federal drug laws.

(Ord. No. 2012-2, § 3.10.100, 5-29-12)

"Cannabis" means all parts of the plant Cannabis, whether growing or not; 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" 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. The term "cannabis" includes cannabis products and useable cannabis.

"Cannabis products" means products that contain cannabis or cannabis extracts, have a measurable THC concentration greater than three-tenths of one percent, and are intended for human consumption or application, including, but not limited to, edible products, tinctures, and lotions. The term "cannabis products" does not include useable cannabis. The definition of "cannabis products" as a measurement of THC concentration only applies to the provisions of this chapter and shall not be considered applicable to any criminal laws related to marijuana or cannabis.

"Church" means a structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.

"Collective garden" means those gardens authorized under Section 403 of ESSSB 5073, which means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies, and labor necessary to plant, grow, and harvest cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of cannabis plants.

"Designated care provider" means a person who:

1.

Is eighteen (18) years of age or older;

2.

Has been designated in ((writing)) a written document signed and dated by a qualifying patient to serve as a designated provider under this chapter and RCW 69.51A; and

3.

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 both patients' cannabis at the same time.

"Indoors" means within a fully enclosed and secure structure that complies with the Washington Building Code (WBC), as adopted by the city of Morton, 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 inches by four inches 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.

"Legal parcel" 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.

"Medical use of cannabis" means the manufacture, production, processing, possession, transportation, delivery, ingestion, application, or administration of cannabis for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical condition.

"Outdoors" means any location that is not "indoors" within a fully enclosed and secure structure as defined herein.

"Person" means an individual or an entity.

"Personally identifiable information" 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 provide.

"Plant" means an organism having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant.

"Process" means to handle or process cannabis in preparation for medical use.

"Produce" means to plant, grow, or harvest cannabis for medical use.

"Public place" 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, theatres, 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 use 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.

"Qualifying patient" means a person who:

1.

Is a patient of a health care professional;

2.

Has been diagnosed by that health care professional as having a terminal or debilitating medical condition;

3.

Is a resident of the state of Washington at the time of such diagnosis;

4.

Has been advised by that health care professional about the risks and benefits of the medical use of cannabis;

5.

Has been advised by that health care professional that he or she may benefit from the medical use of cannabis; and

6.

Is otherwise in compliance with the terms and conditions established in RCW 69.51A. 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 RCW 69.51A are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.

"Residential treatment facility" means a facility providing for treatment of drug and alcohol dependency;

"School" means an institution of learning for minors, whether public or private, offering regular course of instruction required by the Washington Education Code, or any child or day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher learning, including a community or junior college, college or university.

"Terminal or debilitating medical condition" means:

1.

Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders;

2.

Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications;

3.

Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications;

4.

Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications;

5.

Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications;

6.

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

7.

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.

"THC concentration" means percent of tetrahydrocannabinol content per weight or volume of useable cannabis or cannabis product.

"Useable cannabis" means dried flowers of the cannabis plant having a THC concentration greater than three-tenths of one percent. Useable cannabis excludes stems, stalks, leaves, seeds, and roots. For purposes of this subsection, "dried" means containing less than fifteen percent moisture content by weight. The term "useable cannabis" does not include cannabis products.

"Valid documentation" means:

1.

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 cannabis;

2.

Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035; and

3.

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.

"Youth-oriented facility" means elementary school, middle school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a day care or preschool facility.

(Ord. No. 2012-2, § 3.10.110, 5-29-12)

In order to site and operate a collective garden, the owner of the property must obtain approval from the city a collective garden land use permit. This requires the submission of a complete application (as described in subsection E herein), and conformance with the following requirements:

A.

Zoning Districts. Collective Gardens, as defined in Section 17.72.020 of this chapter shall be allowed, subject to the locational criteria set forth herein.

B.

Location and Distance Restrictions. No collective garden, defined in Section 17.72.020 of this chapter shall be permitted:

1.

Within seven hundred fifty (750) feet of schools, churches, youth-oriented facilities, libraries or residential treatment facility as measured from edge of property line to edge of property line. See attached Exhibit B.

Editor's note— Exhibit B was not included in the codification of this ordinance and can be found on file in the office of the city clerk.

2.

Outdoors within one hundred feet of any occupied legal residential structure located on a separate legal parcel.

3.

In any location where the marijuana plants are visible from a public place.

C.

Ownership and Limitation on Numbers. No more than one collective garden may be located on a legal lot of record, and the legal lot 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 (30) days before transferring their membership to another garden. The collective garden must maintain records of its membership for no less than three years.

D.

Collective Garden Land Use Permit Application for License. A complete application for a collective garden land use permit shall consist of the following:

1.

The full name, residential address, telephone number, date and place of birth, race, gender, description, two complete sets of fingerprints, and signature of the applicant, and the applicant's driver's license number or state identification card number is used for identification in applying for a license. A signed application shall constitute a waiver of confidentiality and a written request that federal, state, and local agencies release information relevant to the applicant's eligibility for a collective cannabis garden license to an inquiring court or law enforcement agency.

a.

The two complete sets of fingerprints shall be forwarded to the Washington State Patrol.

b.

The city license that is issued to the applicant shall include the following printed statement and the application for the license shall require the individual applicant to acknowledge the following warning:

CAUTION: Although state and local laws do not differ, federal and state laws on the cultivation of cannabis and possession of harvested cannabis and cannabis products differ. In the absence of a federal license, federal law prohibits the cultivation and possession of cannabis and cannabis products even pursuant to a state license. If you are in violation of federal law, you may be prosecuted in federal court, imprisoned, required to pay a fine and restitution and your real and person property deemed related to the cultivation or violation may be forfeited. A state or city license is not a defense to a federal prosecution and forfeiture.

2.

Address of all qualifying patients applying for the permit and acknowledgement 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 lot where the cultivation collective garden will be located, by street address and tax parcel number.

5.

Collective garden are not to be located outdoors.

6.

The application shall contain the name and address of the record owner of the property on which the collective cannabis garden shall be located or, in the event that the record owner is a partnership, joint venture, corporation, limited liability entity, or another association, the names and addresses of all persons having an interest in the entity, together with a description of that interest.

The application shall require the signed, verified and authorized statement of the record owner(s) of the property acknowledging the following warning:

CAUTION: Although state and local laws do not differ, federal and state laws on the cultivation of cannabis and possession of harvested cannabis and cannabis products differ. In the absence of a federal license, federal law prohibits the cultivation and possession of cannabis and cannabis products even pursuant to a state license. If you are in violation of federal law, you may be prosecuted in federal court, imprisoned, required to pay a fine and restitution and your real and person property deemed related to the cultivation or violation may be forfeited. A state or city license is not a defense to a federal prosecution and forfeiture.

The statement shall be signed, verified and authorized by all of the persons having an interest in the entity that is the record owner of the property if that entity is a partnership, joint venture, corporation, association or limited liability entity.

The application shall require the applicant to provide proof of registration pursuant to RCW 69.51A or a copy of valid documentation as defined by RCW 69.51A establishing his or her status as a qualifying patient or, in the case of a designated provider, a true and correct copy of current documentation establishing his or her status as a designated provider for purposes of RCW 69.51A.

The applicant for a city license to establish a collective cannabis garden for the production of cannabis and cannabis products under RCW 69.51A.085 and 69.51A.140 shall not be issued such a license if:

a.

He or she has not been issued a permit or license by the federal drug enforcement agency to establish and operate a marijuana or cannabis garden under the provisions of applicable federal law;

b.

He or she is not a qualifying patient or designated provider as defined under RCW 69.51A.101 or cannot establish such status;

c.

The applicant's permit or license to establish and operate and cannabis garden is in a revoked status;

d.

He or she is under eighteen (18) years of age;

e.

He or she is subject to a court order or injunction prohibiting cultivation, possession or use of marijuana, cannabis or cannabis products, or any controlled substance;

f.

He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a criminal offense;

g.

He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction within the United States for a felony or misdemeanor; or

h.

He or she is supervised for a criminal conviction by a corrections agency or department, including local governments or jails, that has determined that licensure is inconsistent with and contrary to his or her supervision.

7.

A statement describing the proposed security measures for the facility that shall be sufficient to ensure the safety of the members and protect the premises from theft.

8.

A statement describing the proposed source of power, if any, for the collective garden, the size of any such electrical service or system, and the total demand to be placed on the system by all proposed uses on site. The statement shall be forwarded to the Washington State Department of Labor and Industry for electrical permit review. The intent is to ensure sufficient electrical system exists to accommodate the new demand.

9.

One reproducible copy (eight and one-half inches by eleven (11) inches or eleven (11) inches by seventeen (17) inches) or seven oversized copies of a floor plan showing:

a.

The collective garden must be located inside a structure, submit a floor plan including all existing and proposed walls.

b.

Disability Access. Show how area of renovation/improvement complies with disabled access requirements, including paths of travel to point of ingress/egress, restrooms, drinking fountains and public telephones.

c.

Doors. Show all door locations, fire-rating (if applicable), direction of swing, self-closing mechanism, required exit signage and lighting, etc.

d.

Cross-connection control and backflow prevention devices are required in accordance with CRMC 13.06.045. Please show plumbing specifications, such as types and locations of fixtures, drains, and backflow prevention devices.

e.

Lighting type and location of fixtures.

f.

Ventilation equipment and fixtures.

10.

One reproducible copy (eight and one-half inches by eleven (11) inches or eleven (11) inches by seventeen (17) inches) or seven oversize copies of a plot plan showing:

a.

All property lines, labeled with dimensions;

b.

All existing structures;

c.

Accessible path of travel from public sidewalks and/or parking space to collective garden.

11.

Submission of payment of a permit fee sufficient to cover the cost of all city departments investigating and processing the application in an amount that shall be set by the city council in accordance with applicable laws and regulations.

E.

Requirement. The approval of an application for a city license to establish and operate a cannabis garden shall be conditioned upon compliance with the following conditions in establishing and operating a cannabis garden:

1.

The cannabis garden must be located within the city limits or the established urban growth area;

2.

The cannabis garden must be fully contained inside of a building compliant with the city code and the requirements of this section ("garden building");

3.

The garden building shall be equipped with an air filtration system that prevents the release of cannabis pollen, fumes, and odors to the outside;

4.

The garden building shall be equipped with a "roll-up" or garage-type door, barricades shall be installed to prevent a vehicle from driving through the door(s);

5.

All doors to the garden building shall be kept locked at all times and made inaccessible to the public;

6.

The garden building shall be surrounded by a fence of at least ten (10) feet in height and topped with razor-type wire;

7.

Each fence surrounding a garden building shall be placed at least ten feet from the inside perimeter of the fence to the outside perimeter of the garden building and a permit shall be obtained for each such fence as required by city code;

8.

Access through the fence surrounding a garden building shall be secured at all times and unlocked only to allow an authorized person in or out the facility;

9.

The garden building shall be monitored at all times by video surveillance sufficient in coverage to include the exterior and interior fence lines of the facility and all of the interiors of the garden building, excluding any bathrooms. Video records shall be maintained by the licensees for a period of twenty-four (24) months. The video records shall be a maintained at a location in the city identified by the licensees on the applications for an original or renewal license as applicable and the licensees shall advise the Morton police department and Morton planning commission any change of location in writing within seventy-two (72) hours of the change being made;

10.

The licensees shall maintain a log of all people entering and exiting the garden building. The log shall include the name, address and telephone number of the persons entering the garden building and a statement of the reason for such entry. The log shall also record the times of entry and exit from the garden building;

11.

The garden building shall be patrolled by on-site security at all times. On-site security personnel may be armed, provided security personnel (i) have the legal right (under both federal and state laws) to possess firearms, (ii) are not medical marijuana users, and (iii) are not a designated provider of cannabis under state law;

12.

All windows and doors of the garden building must be secured by monitored alarm. The interiors of the garden building must be monitored by motion detectors that are able to detect motion from the floor of the building to a maximum height of eight feet;

13.

A license permits a licensee to participate in only one collective garden. The collective garden must at all times comply with the requirements of RCW 69.51A.085, including but not limited to number of plants, number of qualifying patients participating in the garden, and amount of useable cannabis per qualifying patient;

14.

Only growing marijuana plants may be kept at the collective garden site. Harvested marijuana plants must be dried and stored at a separate location. Harvested/drying plants from any other location shall not be kept on site;

15.

No other business may be housed in a garden building, whether for-profit or not for profit, nor shall there be any items that can be obtained for "donation", "trade" or as gifts;

16.

Garden buildings may not be located within one mile of any other garden building;

17.

Garden buildings may not be located within seven hundred fifty (750) feet of a school, senior center, public park, public building, or public recreational facility;

18.

Garden building may not be located within one hundred (100) feet of a county/state road, highway or right-of-way;

19.

All structures shall be fully permitted by Morton and/or their designee and shall conform to applicable building codes and development requirements;

20.

The licensees participating in a collective garden shall at all times maintain general liability insurance for the establishment and operation of the collective garden and related risks with a single occurrence limit of one million dollars ($1,000,000.00) and an aggregate limit of three million dollars ($3,000,000.00), proof of which shall be available to the Morton police department office at all times;

21.

All participants of the collective garden must be residents of the City limits.

F.

Collective Garden Land Use Permit Procedure:

1.

Within ten (10) working days of receipt of a complete application, the city clerk/treasurer's office shall transmit a copy of the application to the development review committee members for their department's review.

2.

Within ten (10) working days of receipt of department comments as to the completeness of satisfying the requirements of Section 17.72.030(A)—(D), the building official shall provide a written decision whether to issue the permit.

3.

The property owner must sign an acknowledgment agreeing that the building official, or designee thereof, may enter the property to perform an inspection at any time. The intent is to ensure compliance of the permit regulations.

G.

Expiration of Collective Garden Land Use Permit.

1.

A medical marijuana collective garden land use permit shall expire three hundred sixty-four (364) days from the 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. No. 2012-2, § 3.10.120, 5-29-12)