For purposes of this chapter, the following definitions apply:
CANNABIS: 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 usable cannabis.
CANNABIS PRODUCTS: Products that contain cannabis or cannabis extracts, have a measurable THC ("tetrahydrocannabinol") 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 usable 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: A structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.
COLLECTIVE GARDEN: Those gardens authorized under Revised Code Of Washington 69.51A.085, which allows qualifying patients or their designated care providers to assume 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 (as limited below). Qualifying patients or their designated care providers may create and participate in collective gardens for the purpose of producing, processing, transporting and delivering cannabis for medical use subject to the following conditions:
A. No more than ten (10) qualifying patients and/or designated care providers may participate in a single collective garden at any time;
B. A collective garden may contain no more than fifteen (15) plants per qualifying patient or designated care provider, up to a total of forty five (45) plants;
C. A collective garden may contain no more than twenty four (24) ounces of usable cannabis per qualifying patient or designated care provider, up to a total of seventy two (72) ounces of usable cannabis;
D. A copy of each qualifying patient's or designated care provider's valid documentation or proof of registration with the registry established in state law (now or in the future), including a copy of the patient's proof of identity, must be available at all times on the premises of the collective garden;
E. No usable cannabis from the collective garden may be delivered to anyone other than one of the qualifying patients or designated care providers participating in the collective garden; and
F. The collective garden is exempt from business license requirements under this code.
CULTIVATION: The planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.
DESIGNATED CARE PROVIDER: A person who:
A. Is eighteen (18) years of age or older;
B. 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 Revised Code Of Washington 69.51A; and
C. Is in compliance with the terms and conditions set forth in Revised Code Of Washington 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: Within a fully enclosed and secure structure that complies with the Washington state building code, as adopted by the city in title 10, chapter 1 of this code and amended in title 10, chapter 2 of this code, 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 (2" x 4") or thicker studs overlain with three-eighths inch (3/8") or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
LEGAL PARCEL: 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 (OR MEDICINAL) USE OF CANNABIS: 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: Any location that is not "indoors" within a fully enclosed and secure structure as defined herein.
PARK: Any area of land, including any trail, whether publicly or privately owned, that is set aside for the enjoyment and recreation of members of the public or residents of the immediate neighborhood.
PERSON: An individual or an entity.
PERSONALLY IDENTIFIABLE INFORMATION: 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, or address, either alone or when combined with other sources, that establish the person is a qualifying patient or designated provider.
PLANT: An organism having at least three (3) distinguishable and distinct leaves, each leaf being at least three (3) centimeters in diameter, and a readily observable root formation consisting of at least two (2) separate and distinct roots, each being at least two (2) centimeters in length. Multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant.
PROCESS: To handle or process cannabis in preparation for medical use.
PRODUCE: To plant, grow, or harvest cannabis for medical use.
PUBLIC PLACE: Includes any street, highway, freeway, bridge, land, path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle or other public right of way; buildings and grounds used for school purposes; public assembly facilities and grounds adjacent thereto; premises where goods and services are offered to the public for retail sale; public buildings, lobbies, halls and dining rooms of hotels, restaurants, theaters, 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; buses, and other public conveyances of all kinds and character, and the facilities used in conjunction therewith which are open to unrestricted use and access by the public; public 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: A person who:
A. Is a patient of a healthcare professional;
B. Has been diagnosed by that healthcare professional as having a terminal or debilitating medical condition;
C. Is a resident of the state of Washington at the time of such diagnosis;
D. Has been advised by that healthcare professional about the risks and benefits of the medical use of cannabis;
E. Has been advised by that healthcare professional that he or she may benefit from the medical use of cannabis; and
F. Is otherwise in compliance with the terms and conditions established in Revised Code Of Washington chapter 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 Revised Code Of Washington 69.51A are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.
SCHOOL: 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.
THC CONCENTRATION: Percent of tetrahydrocannabinol content per weight or volume of usable cannabis or cannabis product, or the combined twenty five percent (25%) of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid 26 in any part of the plant cannabis regardless of moisture content.
TERMINAL OR DEBILITATING MEDICAL CONDITION:
A. Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or
B. Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or
C. Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or
D. Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or
E. Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or
F. 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
G. 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.
TREATMENT FACILITY: A facility providing for treatment of drug and alcohol dependency.
USABLE CANNABIS: Dried flowers of the cannabis plant having a THC concentration greater than three-tenths of one percent. Usable cannabis excludes stems, stalks, leaves, seeds, and roots. For purposes of this definition, "dried" means containing less than fifteen percent (15%) moisture content by weight. The term "usable cannabis" does not include cannabis products.
VALID DOCUMENTATION:
A. A statement signed and dated by a qualifying patient's healthcare professional written on tamper resistant paper, which states that, in the healthcare professional's professional opinion, the patient may benefit from the medical use of cannabis;
B. Proof of identity such as a Washington state driver's license or identicard, as defined in Revised Code Of Washington 46.20.035; and
C. 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: 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 daycare or preschool facility. (Ord. 941, 7-24-2013)