Chapter 17.465
MARIJUANA REGULATIONS
Sections:
17.465.010 Findings and application.
17.465.060 Nonconforming uses.
17.465.010 Findings and application.
A. Marijuana is illegal under federal Controlled Substances Act, 21 U.S.C. Sections 801 et seq. State and local regulations do not preempt federal law. People and businesses involved in the production, processing, sales, and possession of marijuana could still be subject to prosecution under federal law. Local zoning and other regulations are not a defense against a violation of federal law.
B. This chapter is necessary to protect the public health, safety and welfare of Kitsap County citizens. Nothing in this chapter shall be construed as an authorization to circumvent or violate state or federal law, as permission to any person or entity to violate federal law, or to supersede any legislation prohibiting the uses subject to this chapter.
C. This chapter shall apply to those marijuana producers, processors and retailers that are licensed by the Washington State Liquor Control Board under Chapter 314-55 WAC.
(Ord. 512 (2013) § 5 (part), 2013)
17.465.020 Definitions.
For purposes of this chapter, the following definitions shall apply. Where these definitions conflict with RCW 69.50.101, as now or hereafter amended, those in state law shall govern.
A. Marijuana. “Marijuana” 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” 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 sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.
C. Marijuana Producer. “Marijuana producer” means a person licensed by the state Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
D. Marijuana-Infused Products. “Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include useable marijuana.
E. Marijuana Retailer. “Marijuana retailer” means a person licensed by the state Liquor Control Board to sell useable marijuana and marijuana-infused products in a retail outlet.
F. Useable Marijuana. “Useable marijuana” means dried marijuana flowers; it does not include marijuana-infused products.
(Ord. 512 (2013) § 5 (part), 2013)
17.465.030 Location.
A. Marijuana Producers. Subject to the requirements of this chapter, marijuana producers may be located as follows. Further, such facilities and uses may only be located at designated sites licensed by the state of Washington and fully conforming to state law and this chapter.
1. Tier 1, 2, and 3 marijuana producers may be located in the urban industrial (IND), Rural Employment Center (REC), and 12 Trees Employment Center (TEC) zones.
2. Tier 1 and 2 marijuana producers may be located in the business park (BP) zone.
3. Tier 2 and 3 marijuana producers may be located in the business center (BC) zone.
4. Tier 1 and 2 marijuana producers may be located in the rural industrial (RI) zone.
B. Marijuana Processors. Subject to the requirements of this chapter, marijuana processors may be located in the business center (BC), business park (BP), urban industrial (IND), Rural Employment Center (REC), and 12 Trees Employment Center (TEC) zones. Further, such facilities and uses may only be located at designated sites licensed by the state of Washington and fully conforming to state law and this chapter.
C. Marijuana Retailers. Subject to the requirements of this chapter, marijuana retailers may be located as follows. Further, such facilities and uses may only be located at designated sites licensed by the state of Washington and fully conforming to state law and this chapter.
1. Marijuana retailers may be located in the highway/tourist commercial (HTC), regional commercial (RC), and Rural Employment Center (REC) zones.
2. Subject to securing an administrative conditional use permit (ACUP), marijuana retailers may be located in the mixed use (MU) zone.
D. Marijuana Producers, Processors and Retailers. All marijuana producers, processors and retailers must be a minimum of one thousand feet away, as measured by the shortest straight line between property boundaries, from any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library or game arcade as defined in WAC 314-55-010.
(Ord. 512 (2013) § 5 (part), 2013)
17.465.040 Permits.
A. Kitsap County makes no representations as to the legality of the use subject to this chapter. All applicable permits (e.g., administrative conditional use permits, building permits or tenant improvement permits) shall be required.
B. Only state-licensed marijuana producers, processors and retailers may locate within unincorporated Kitsap County. Upon request, all producers, processors and retailers must supply a copy of the state-issued license.
C. No permit shall be approved unless the applicant demonstrates full compliance with Chapter 69.50 RCW and Chapter 314-55 WAC.
(Ord. 512 (2013) § 5 (part), 2013)
17.465.050 Public nuisance.
Any violation of this chapter is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the county under the applicable provisions of this code or state law.
(Ord. 512 (2013) § 5 (part), 2013)
17.465.060 Nonconforming uses.
No use that constitutes or purports to be a marijuana producer, processor or retailer as those terms are defined in this chapter that was engaged in that activity prior to the enactment of this chapter shall be deemed to have been a legally established use under Kitsap County Code and that use shall not be entitled to claim legal nonconforming status.
(Ord. 512 (2013) § 5 (part), 2013)