HomeMy WebLinkAbout62-13 - Ord. Amending Title 17 Allowing Licensed Producers, Processors, Retailers of Recreational MarijuanaORl )INANCE NUMBER
AN ORDINANCE AMENDING, TITLE 17 OF THE MASON
COUNTY CODE ALLOWING; LICENSED PRODUCERS,
PROCESSORS AND RETAILERS OF RECREATIONAL
MARIJUANA AS PERMITTEI) USES
AN ORDINANCE amending Title 17 (Zoning), of the Mason County Code under the
authority of Chapter 36.70 and 36.70A RCW.
WHEREAS, Initiative Measure No 502 passed on November 5, 2012 amended Chapter
69.50 RCW as to the State's approach to adult use of recreational marijuana; and
WHEREAS, the United States Department of Justice emphasized in a Memorandum
dated August 29, 2013 their commitment to enforcing the Controlled Substance Act and has
focused its efforts on certain priorities that include:
(a) Preventing the distribution of marijuana to minors;
(b) Preventing revenue from the sale of marijuana from going to criminal
enterprises, gangs and cartels;
(c) Preventing the diversion of marijuana from states where it is legal under state
law in some from to other states;
(d) Preventing state -authorized marijuana activity from being used as a cover or
pretext for trafficking of other illegal drugs or other illegal activity;
(e) Preventing violence and the use of firearms in the cultivation and distributionof
marijuana;
(0 Preventing drugged driving and the exacerbation of other adverse public health
consequences associated with Marijuana use;
(g) Preventing the growing of marijuana on public lands and the attendant public
safety and environmental dangers posed by marijuana production on public lands; and
(h) Preventing marijuana possession or use on federal property; and
WHEREAS, jurisdictions enacting laws legalizing marijuana in some form and that have
also implemented strong and effective regulatory and enforcement systems to control the
cultivation, distribution, sale, and possession of marijuana, conducted in compliance with those
laws and regulations is less likely to threaten those federal priorities; and
WHEREAS, the Washington State Liquor Control Board ("Board") has put forth under
Chapter 314-55 WAC basic regulations for the licensing of marijuana producers, processors, and
retailers; and
the Board's objective in creating these regulations is to tightly manage
and regulate the marijuana market with strict controls that prevent diversion, illegal sales, and
sales to minors while providing reasonable access to products that mitigate the illicit market;
and
WHEREAS, Per RCW 69.50.331, the Board shall send notice to local authorities
regarding a marijuana license application and provide twenty (20) days to respond with a
recommendation to approve or object to the applicant, location, or both, and
WHEREAS, RCW 69.50.500 as amended imposes on the Board, including their officers,
agents, inspectors and representatives, the duty to enforce all provisions of Chapter 69.50 RCW,
except those specifically delegated, and to cooperate with all agencies charged with the
enforcement of the laws of the United States, of this state, and all other states, relating to
controlled substances; and
WHEREAS, WAC 314-55-020 (11) provides that a valid 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 and zoning ordinances; and
WHEREAS, the Board of County Commissioners has considered land use associated
with the production, processing, and retail sales of marijuana in light of the State's regulations
and enforcement, and has prepared a zoning ordinance to address these impacts; and
WHEREAS, amendments to Title 17 of the Mason County Code include regulations
with respect to the allowance of licensed producers, processors, and retailers as permitted uses
in applicable zoning districts; and
WHEREAS, the Mason County Planning Advisory Commission conducted public
hearings on August 12, 2013 and August 26, 2012 and recommend adoption of amendments by
the Commissioners; and
REC'.. A;TIONAL • ' IJ, . NA - PROPOSED REG TIONS
111 LE 17 - ZONING
C ': 17.17 REC'. TIONAL JLIANA
SECTION 17.17.001- PURPOSE
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.
SECTION 17.17.002 - AUTHORITY
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 non-compliance 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 recreational
marijuana.
SECTION 17.17.003 - DEFINITIONS
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 mterest in a marijuana hcense, 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
i. The flowers from one or more marijuana plants of the same strain. A single lot of
flowers cannot weigh more than five pounds; or
ii I'he 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,
cannabmoid 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 m WAC
314-55-035.
(I) "Pesticide" means, but is not limited to: (a) 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; (b) any
substance or mixture of substances intended to be used as a plant regulator, defoliant, or
desiccant; and (c) 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.
SECTION 17.17.004 - APPLICABILITY
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.
SECTION 17.17.005 - RECREATIONAL MARIJUANA LICENSEES
The production, processing, and retail sales of marijuana by state-hcensed marijuana licensees is
permitted within certain zoning districts of Mason County. See Table Licensees are subject to
Chapter 69.50 RCW as amended, Chapter 314-55 WAC, and the Mason County Code.
Rural Residential 5
Rural Residential. 10
Rural Residential 20
Rural Commercial 2
Rural Commercial 3
Rural Commercial 4
Rural Commercial 5
Rural Industrial
Rural Natural Resources
Low Intensity Mixed Use
General Commercial
Commercial-Industria
Airport Industrial
Industrial
Highway Commercial
Business Park
Mixed UUse
Producer
B
B
X
X
X
P
X
X
Processor Re
B
anler
X X
X'
X X
X
X
X
X
X'
X X X
General Commercial X
Business Industrial X
X=permitted, subject to land use codes
B=permitted, must have 100 foot buffer from neighboring residential dwelling unit
P=permitted, subject to codes, covenants and restrictions of Port of Shelton
SECTION 17.17.006 - MARIJUANA PRODUCER LICENSEES
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 marijuana producers are permitted within the following non-residential zoning
districts, subject to the restrictions of all currently adopted codes and ordinances. Licensed
producers are permitted within the following rural residential districts on parcels equal to or
greater than five (5) acres, with a one hundred (100) foot buffer from any neighboring
residential dwelling unit, and subject to all currently adopted codes and ordinances.
(a) Rural Residential 5 (RR 5) (Section 17.04, Div I, Art II)
(b) Rural Residential 10 (RR 10) (Section 17.04, Div I, Art III)
(c) Rural Residential 20 (RR 20) (Section 17 04, Div I, Art IV)
(d) Rural Commercial 2 (RC 2) (Section 17.04, Div II, Art II)
(e) Rural Commercial 3 (RC 3) (Section 17.04, Div II, Art III)
(f) Rural Commercial 4 (RC 4) (Section 17.04, Div II, Art IV)
(g) Rural Commercial 5 (RC 5) (Section 17.04, Div II, Art v)
(h) Rural Industrial (RI) (Section 17.04, Div III)
(i) Rural Natural Resource (RNR) (Section 17.04, Div IV)
(j) Low Intensity Mixed Use (MU) (Section 17.07, Art 2)
(k) General Commercial (GC) - Shelton UGA (Section 17.07, Art 3)
(1) Commercial -Industrial (CI) (Section 17.07, Art 4)
(m) Airport Industrial (AI); subject to all codes, covenants, and restrictions of the Port of
Shelton (Section 17.01, Art 5)
(n) Industrial (I) (Section 17.07, Art 6)
(o) Highway Commercial District (HC) (Section 17.12, Art III)
(p) Business Park (BP) (Section 17.12, Art IV)
(q) Mixed Use (MU) (Section 17.23 120)
(r) General Commercial (GC) - Belfair UGA (Section 17.24)
(s) Business Industrial (BI) (Section 17.24)
SECTION 17.17.007 - IJUANA PROCESSOR LICENSEES
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. Licensed
processors are permitted within the following rural residential districts on parcels equal to or
greater than five (5) acres, with a one hundred (100) foot buffer from any neighboring
residential dwelling unit, and subject to all currently adopted codes and ordmances.
(a) Rural Residential 5 (RR 5) (Section 17.04, Div I, Art II)
(b) Rural Residential 10 (RR 10) (Section 17.04 Div I, Art III)
(c) Rural Residential 20 (RR 20) (Section 17 04 Div I, Art IV)
(d) Rural Commercial 2 (RC 2) (Section 17.04, Div II, Art II)
(e) Rural Commercial 3 (RC 3) (Section 17.04, Div II, Art III)
(f) Rural Commercial 4 (RC 4) (Section 17.04, Div II, Art IV)
(g) Rural Commercial 5 (RC 5) (Section 17.04, Div II, Art v)
(h) Rural Industrial (RI) (Section 17.04, Div III)
(i) Rural Natural Resource (RNR) (Section 17.04, Div IV)
0) Low Intensity Mixed Use (MU) (Section 17.07, Art 2)
(k) General Commercial (GC) - Shelton UGA (Section 17.07, Art 3)
(1) Commercial -Industrial (CI) (Section 17.07, Art 4)
(m) Airport Industrial (AI); subject to all codes, covenants, and restrictions of the Port of
Shelton (Section 17.01, Art 5)
(n) Industrial (I) (Section 17.07, Art 6)
(o) Highway Commercial District (HC) (Section 17.12, Art III)
(p) Busmess Park (BP) (Section 17.12, Art IV)
(q) Mixed Use (MU) (Section 17.23.120)
(r) General Commercial (GC) - Belfair UGA (Section 17.24)
(s) Business Industrial (BI) (Section 17.24)
SECTION 17.17.008 - MARIJUANA RETAILER LICENSEES
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) (Section 17.04, Div II, Art II)
(b) Rural Commercial 3 (RC 3) (Section 17.04, Div II, Art III)
(c) Rural Commercial 4 (RC 4) (Section 17.04, Div II, Art IV)
(d) Rural Commercial 5 (RC 5) (Section 17.04, Div II, Art v)
(e) General Commercial (GC) - Shelton UGA (Section 17.07, Art 3)
(f) Commercial -Industrial (CI) (Section 17.07, Art 4)
(g) Highway Commercial District (HC) (Section 17.12, Art III)
(h) Busmess Park (BP) (Section 17.12, Art IV)
(i) Mixed Use (MU) (Section 17.23.120)
(j) General Commercial (GC) - Belfair UGA (Section 17.24)
SECTION 17.17.009 - VIOLATIONS
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.
NOW THEREFORE, BE IT HEREBY ORDAINED, that the Board of Commissioners
of Mason County hereby amends Title 17 (Zoning), Section 17.17 to the Mason County Code.
(See Attachment A)
DATED this I D-‘ day of IN �� kYnVell2013.
ATTEST:
11
Diane Zoren, Clerk of the Board
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
BOARD OF COUNTY COMMISSIONERS
MASON COLT TY, WASHINGTON
g_,
Y
Neatherlin, Chair
('i h
Tim Sheldo , Commissioner
Terri Jeffreys,
ssioner