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ord2022-011Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2021-648 File ID: AB2021-648 Version: 1 Status: Substitute Adopted File Created: 10/29/2021 Entered by: CStrong@co.whatcom.wa.us Department: Planning and File Type: Ordinance Requiring a Public Hearing Development Services Department Assigned to: Council Agenda Date: 02/08/2022 Primary Contact Email: cstrong TITLE FOR AGENDA ITEM: Final Action: 02/08/2022 Enactment #: ORD 2022-011 Ordinance adopting amendments to WCC Title 20 (Zoning) regulating the production, processing, and retail sales of recreational marijuana in Whatcom County and repealing Ordinance No. 2021-066 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance adopting amendments to WCC Title 20 (Zoning) regulating the production, processing, and retail sales of recreational marijuana in Whatcom County and repealing Ordinance No. 2021-066 HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 11/09/2021 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 6 Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0 Absent: 1 Kershner 11/23/2021 Council HEARD PUBLIC Council Committee of the Whole TESTIMONY AND REFERRED TO COMMITTEE Aye: 6 Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Whatcom County Page 1 Printed on 21912022 Agenda Bill Master Report Continued (AB2021-648) Absent: 0 Abstain: 1 Browne 12/07/2021 Council Committee of the Whole 01/11/2022 Council Aye: 7 Nay: 0 Absent: 0 01/25/2022 Council Planning and Development Committee 02/08/2022 Council Aye: 7 Nay: 0 Absent: 0 DISCUSSED REFERRED TO Council Planning and COMMITTEE Development Committee Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan DISCUSSED SUBSTITUTE ADOPTED Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Attachments: Original Staff Memo, Original Proposed Ordinance, Original Exhibit A, Map of Facilities, Rosellison Comments to Council with PDS Responses.pdf, SB6505, SB6505 Final Bill Report, SB6505 Fiscal Note, Galloway Proposed Changes 2.4.2022, Galloway Submitted Substitute Exhibit A 2.4.2022, PDS Memo Re: Galloway Amendments 2.7.2022, Revised Exhibit A Galloway Amendments 2.7.2022 Whatcom County Page 2 Printed on 2/9/2022 PROPOSED BY: Planning & Development INTRODUCTION DATE: 11/9/2021 ORDINANCE NO. 2022-011 ADOPTING AMENDMENTS TO WCC TITLE 20 (ZONING) REGULATING THE PRODUCTION, PROCESSING, AND RETAIL SALES OF RECREATIONAL MARIJUANA IN WHATCOM COUNTY AND REPEALING ORDINANCE NO. 2021-066 WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State of Washington, amending Chapter 69.50 RCW and providing the regulatory framework for cannabis producers, processors, and retailers to become licensed by the Washington State Liquor and Cannabis Board ("WSLCB"); and, WHEREAS, on November 16, 2013, the WSLCB adopted final cannabis licensing rules as codified in Chapter 314-55 WAC. During the period between November 18, 2013 and December 18, 2013, the WSLCB accepted cannabis license applications for cannabis production, processing and retail facilities. Whatcom County began receiving notifications of proposed cannabis facilities from the WSLCB in mid - December 2013, and the WSLCB began issuing cannabis producer, processor, and retail licenses to qualified applicants in March of 2014; and, WHEREAS, on January 16, 2014, the Washington State Attorney General issued an opinion stating that Initiative 502 does not preempt counties from banning or placing additional regulatory requirements on cannabis related businesses within their jurisdictions; and, WHEREAS, the Prosecuting Attorney and Planning and Development Services (PDS) had at the time implemented a zoning interpretation policy, which stated that PDS would regulate cannabis proposed uses as allowed by Initiative 502 in the same way as any other commodity that is grown, processed, or sold in Whatcom County, it became evident that many of those proposed locations could conflict with other surrounding uses; and, WHEREAS, on February 11, 2014, the Whatcom County Council adopted Ordinance 2014-011, an emergency ordinance imposing a moratorium on the acceptance of all building and/or land use applications that pertain to cannabis producers, processors, retailers and medical cannabis collective gardens; and, WHEREAS, the County developed and implemented several sets of interim regulations during that time, though none were deemed appropriate by the Council as permanent regulations; and, WHEREAS, on March 31, 2015, the Whatcom County Council adopted Ordinance 2015-006, which contains the current County zoning regulations for recreational cannabis type uses, treating cannabis similar to other agricultural products; and, WHEREAS, Whatcom County Code (WCC) 20.97.227 defines marijuana production as a facility licensed by the state Liquor and Cannabis Board to produce, harvest, trim, dry, cure, and package marijuana, and sell marijuana at wholesale to state -licensed marijuana processors and other state licensed marijuana producers; and, WHEREAS, WCC 20.97.227 states marijuana production may take place either indoors within a fully enclosed secured facility or a greenhouse with rigid walls, a roof and doors, or outdoors in non -rigid Page 1 of 4 greenhouses, other structures or an expanse of open or cleared ground fully enclosed by a physical barrier; and, WHEREAS, Ordinance 2015-006 allows for the production and processing of cannabis in the Rural (administrative uses), Rural Forestry (permitted uses) and Agriculture zone districts (permitted uses), subject to a proposed facility meeting several stated use standards. Such standards include odor controls (for indoor grows only), lighting, traffic and parking control measures, as well as setbacks of 1,000 feet from community centers and 300 feet from residences not located on the same property. The ordinance also allowed for the production and processing of marijuana in the Rural Industrial and Manufacturing, Light Impact Industrial, and Heavy Impact Industrial districts as permitted uses, subject to odor control measures (for indoor grows); and, WHEREAS, the WSLCB is no longer issuing new licenses, existing licenses throughout Washington State can be transferred and Whatcom County was notified by the WSLCB of approximately 30 recreational marijuana production and/or processing renewal licenses last year (2020) within unincorporated Whatcom County; and, WHEREAS, while earlier licensees were small, local producers, their licenses now appear to be being transferred to larger operators with more capital who are buying up the earlier licenses and expanding and/or changing operations and/or locations; and, WHEREAS, prior to adoption of the first moratorium on issuing new permits for certain marijuana production facilities, the Council, Executive, Planning Commission, and PDS received complaints from residents adjacent to existing and proposed cannabis facilities regarding excessive odor, lighting, and potential water usage, suggesting that the County's cannabis regulations may not be sufficient; and, WHEREAS, on March 23, 2021, the County Council adopted the 2021 Docket, a component of the PDS work plan, including item PLN2021-00009, to "Review and revise Whatcom County Code relating to marijuana growing and processing in rural areas. Consider impacts of marijuana growing and processing facilities in rural areas, and evaluate growing and processing facilities as an agricultural or non-agricultural use. Consider compatibility with GMA and County Comprehensive Plan." However, due to the pandemic, the Planning Commission and County Council have backlogs of other issues to address, and PDS will need time to work with the community to properly develop and process any potential regulatory amendments; and, WHEREAS, on April 20, 2021, the County Council adopted Ordinance No. 2021-023, imposing a six-month interim moratorium prohibiting the filing, acceptance, or processing of new applications for permits or authorizations for recreational marijuana production and/or processing facilities which are proposed to operate outdoors or in greenhouses; and, WHEREAS, on October 26, 2021, through the adoption of Ordinance No. 2021-066, the Council extended that moratorium for an additional 6 months; and WHEREAS, once this ordinance is adopted and effective there is no longer a need for the interim moratorium imposed by Ordinance No. 2021-066; WHEREAS, pursuant to the Washington State Constitution, the general police powers granted to counties empower and authorize Whatcom County to adopt land use controls to provide for the regulation of land uses within the County and to provide that such uses shall be consistent with applicable law; and, Page 2 of 4 FINDINGS OF FACT 1. The County Council placed on the County's annual docket PLN2021-00009, directing Planning and Development Services (PDS) to: "Review and revised Whatcom County Code relating to marijuana growing and processing in rural areas. Consider impacts of marijuana growing and processing facilities in rural areas, and evaluate growing and processing facilities as an agricultural or non- agricultural use. Consider compatibility with GMA and County Comprehensive Plan." 2. Whatcom County Planning and Development Services (PDS) submitted an application (PLN2021- 00009) to revise the County's recreational marijuana production, processing, and retail sales zoning regulations. 3. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on September 29, 2021. 4. Notice of the subject amendments was submitted to the Washington State Department of Commerce on September 13, 2021, for their 60-day review. 5. On October 14, 2021, the Planning Commission held a duly noticed public hearing to consider testimony on the proposed draft amendments. 6. The County Council held a duly noticed public hearing on the proposed amendments on November 23, 2021. 7. The amendments are consistent with the Growth Management Act, Whatcom County Comprehensive Plan, Chapter 314-55 WAC, and other applicable requirements. 8. The proposed amendments reflect current local circumstances and promote the general public health, safety, morals and welfare. CONCLUSIONS 1. The amendments to the development regulations are the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. Page 3 of 4 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A. Section 2. Ordinance No. 2021-066 is hereby repealed in its entirety upon the effective date of this ordinance. ADOPTED this 8th day of February 2022. W H` CC3t F ,0 U{��T, C I L%, W%TdUI�C3UNtYi,igt�GfiON i C7UNTY ATTn R Dana.Browh,Qa I 'ncil Clerk] APPROVE©U s to form:; /s/ Royce Buckingham (approved via e-mail) /JL Civil Deputy Prosecutor Todd Donovan, Council Chair Date: ZAt4 a L"_ Page 4 of 4 Exhibit - Proposed Cannabis Code Amendments Substitute Proposed by Councilmember Kaylee Galloway, 2/8/22 WCC Title 20 Zoning Chapter 20.36 RURAL (R) DISTRICT 20.36.130 Administrative approval uses. The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028. (1) .137 Type 1 Cannabis Production Facilities, subject to WCC 20.80.690.138 Cannabis Processing Facilities, subject to WCC 20.80.690. 20.36.150 Conditional uses. .160 Type 2 Cannabis Production Facilities, subject to WCC 20.80.690. Chapter 20.40 AGRICULTURE (AG) DISTRICT 20.40.050 Permitted uses. Unless otherwise provided herein, permitted, accessory, and conditional uses shall be administered pursuant to the applicable provisions of WCC Chapter 20.80 (Supplementary Requirements), Chapter 22.05 (Project Permit Procedures), Chapter 16.08 (SEPA), Title 21 (Land Division Regulations), and Title 23 (Shoreline Management Program). The following are permitted uses: 20.40.100 Accessory uses. 20.40.130 Administrative approval uses. .140 Type 1 Cannabis Production Facilities, subject to WCC 20.80.690. .141 Cannabis Processing Facilities, subject to WCC 20.80.690. Exhibit A — Proposed Marijuana Code Amendments September 15, 2021 Chapter 20.42 RURAL I'ORI1sTRY (R ) DISTRICT 20.42.050 Permitted uses. Unless otherwise provided herein, permitted, accessory, and conditional uses shall be administered pursuant to the applicable provisions of WCC Chapter 20.80 (Supplementary Requirements), Chapter 22.05 (Project Permit Procedures), Chapter 16.08 (SEPA), Title 21 (Land Division Regulations), and Title 23 (Shoreline Management Program). 20.42.100 Accessory uses. 20.69.050 Permitted uses. The following permitted uses shall be allowed subject to an evaluation by the Director pursuant to the provisions of this chapter and WCC Chapter 20.80 (Supplementary Requirements). In a rural community designation, nonresidential uses listed below are permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural business designation all uses listed below are permitted. .051 Manufacturing/fabrication type uses. (17) Type 2 cannabis production facilities, subject to WCC 20.80.690. (18) Cannabis processing facilities, subject to WCC 20.80.690. 20.69.700 Performance standards. 20.69.704 Odor, dust, dirt, and smoke. (1) Except as specified in subsection (2), no odor, dust, dirt, or smoke shall be emitted that is detectable at or beyond the property line, for the use concerned, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the district. (2) For cannabis production or processing facilities, odor shall be regulated pursuant to WCC 20.80.690(3)(g). Chapter 20.66 LIGHT IMPACT INDUSTRIAL (III) DISTRICT 20.66.050 Permitted uses. Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant to the applicable provisions of WCC Chapter 20.80 (Supplementary Requirements), Chapter 22.05 (Project Permit Procedures), Chapter 16.08 (SEPA), Title 21 (Land Division Regulations), and Title 23 (Shoreline Management Program). Exhibit A — Proposed Marijuana Code Amendments September 15, 2021 .087 Type 2 Cannabis Production Facilities, subject to WCC 20.80.690. .088 Cannabis Processing Facilities, subject to WCC 20.80.690. 20.66.700 Performance standards. 20.66.704 Odors. (1) Except as specified in subsection (2), no odor, dust, dirt, or smoke shall be emitted that is detectable at or beyond the property line, for the use concerned, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the district. (2) For cannabis production or processing facilities, odor shall be regulated pursuant to WCC 20.80.690(3)(g). •; ,_i .F I icl 20.68.050 Permitted uses. Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant to the applicable provisions of WCC Chapter 20.80 (Supplementary Requirements), Chapter 22.05 (Project Permit Procedures), Chapter 16.08 (SEPA), Title 21 (Land Division Regulations), and Title 23 (Shoreline Management Program). The purpose of the SIC numbers listed within this chapter is to adopt by reference other activities similar in nature to the use identified herein. (Policies of the subarea Comprehensive Plan may preclude certain permitted uses to occur in particular subareas. Please refer to the policies of the applicable subarea plan to determine the appropriateness of a land use activity listed below.) .066 Type 2 Cannabis Production Facilities, subject to WCC 20.80.690. .067 Cannabis processing facilities, subject to WCC 20.80.690. 20.68.700 Performance standards. (1) Except as specified in subsection (2), no odor, dust, dirt, or smoke shall be emitted that is detectable at or beyond the property line, for the use concerned, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the district. (2) For cannabis production or processing facilities, odor shall be regulated pursuant to WCC 20.80.690(3)(g). Exhibit A — Proposed Marijuana Code Amendments September 15, 2021 20.80.690 Cannabis — Production and Processing Facilities. (1) General. Cannabis production or processing facilities shall comply with RCW Title 69, Chapter 314- 55 WAC, and the following general standards: a. The WSLCB must approve a cannabis license for the subject property prior to issuance of the County's certificate of occupancy for buildings proposed for cannabis production or processing. Any permitting or construction work done prior to receiving said license is done so at the applicant's own risk. b. Consistent with WAC 314-55-015, cannabis production and processing shall not take place in a residence or other location where law enforcement access, without notice or cause, is limited. c. Cannabis production and processing are not allowed as home occupations or cottage industries. d. Cannabis production and processing operations may not be located in critical areas or their buffers (WCC Chapter 16.16, Critical Areas) or in the shoreline jurisdiction (WCC Title 23). e. Nonconforming Uses. This section applies to those cannabis facilities legally existing as of February 8, 2022 that, due to noncompliance with these standards, become nonconforming. Legally existing facilities that meet these standards are not considered nonconforming and may continue the use or they may expand with the proper permits. (i) Continuation of Nonconforming Uses. Any legally existing cannabis production or processing facility that becomes nonconforming may continue operations as a nonconforming use within the terms of their permit(s) even when those facilities do not meet the standards of this section, pursuant to WCC 20.83.010. (ii) Expansion of Nonconforming Uses. Similarly, expansion may be allowed pursuant to WCC 20.83.020, EXCEPT that: A. Expansion of nonconforming Type 2 cannabis production facilities is prohibited; and, B. Any other expansion shall be limited to 10% (in area) unless the standards of this section are met. (iii) Change to Another Nonconforming Use. WCC 20.83.040 shall not apply: Nonconforming cannabis production or processing facilities shall not be able to change to another nonconforming use. (2) District Specific Standards. a. Facility Size — (i) In the Rural district, production and/or processing facilities on parcels smaller than 4.5 acres shall not exceed a total of 2,000 square feet. On lots of 4.5 acres or greater production and processing facilities shall not exceed 1 acre. (ii) In the Agriculture district, production and/or processing facilities on parcels smaller than 4.5 acres shall not exceed a total of 2,000 square feet. On lots of 4.5 acres or greater production and processing facilities shall not exceed 2 acres. b. Separation of Uses — In the Rural and Agriculture districts, no facility shall be located within 1,000 feet of a community center or within 300 feet of any residential dwelling unit not located on the same parcel as the facility and existing at the time of application. Said distance shall be M Exhibit A — Proposed Marijuana Code Amendments September 15, 2021 measured as the shortest straight line distance from property lines (for community centers) or structures (for residences). c. Separation of Facilities — In the Rural and Agriculture districts, no cannabis production facilities shall be located within 1,000 feet of each other. Said distance shall be measured as the shortest straight line distance from such facilities. d. Limit on Number of Licenses per Lot. In the Rural and Agriculture districts, only one Washington State Liquor and Cannabis Board (WSLCB) cannabis production license may be used per legal lot (though may be combined with one processing license). e. Accessory Use Only. In the Rural and Agriculture districts, processing facilities are only allowed as an accessory use to a production facility. f. Hazardous Materials — Cannabis processing using hazardous or flammable solvents or gases is allowed only in the LII, HII, or RIM districts. Producers and processors that will use chemicals, industrial solvents, or other noxious or hazardous substances shall comply with all federal, state, and County safety, fire, structural, storage, and disposal standards. They shall describe the proposed use of hazardous substances, methods, equipment, solvents, gases, and mediums identified in WAC 314-55-104 on permit applications and site plans. (3) Facility Design Standards. a. Lighting — For both Type 1 and 2 production facilities: (i) Outdoor fixtures illuminating production or processing operations shall be designed and down -shielded to direct light away from adjoining properties, critical areas, shorelines, and public roads. (ii) All structures using artificial lighting for aiding in the growth cycle of plants shall install and employ mechanisms (e.g., blackout shades) that prevent light from escaping production structures. b. Screening — Cannabis production and processing facilities shall be landscaped and screened consistent with WCC 20.80.300, et seq. (Landscaping). Screening shall be located outside of the state's required security fence to provide a visual barrier. c. Security— Producers and processors shall install the security requirements of WAC 314-55-083 prior to issuance of the County's certificate of occupancy for a cannabis operation. d. Parking — Such facilities shall meet the off-street parking requirements of WCC 20.80.500, et seq. (Off-street Parking and Loading Requirements). e. Water and Waste Disposal— Permit applications shall include documentation of compliance with the water system requirements and waste disposal regulations of WCC Title 24 (Health Code) and WAC 314-55-097. f. Noise — Producers and processors required to install odor control system per subsection (g) shall comply with WCC 20.80.620 (Noise). Fan noise from operations shall be minimized. A mechanical engineer licensed in the state of Washington shall design the noise control system, to be approved by the Building Official, using standard industry practices such as installing fans with components listed by Underwriters Laboratories (UL) and a combination of the following techniques and components: (i) Short and straight line vent runs; (i i) Silencers and insulated vents, vent sleeves and mufflers; 5 Exhibit A — Proposed Marijuana Code Amendments September 15, 2021 (iii) Acoustic ducting; (iv) Fan speed controllers; (v) Soundproofing boxes; (vi) Sound -muffling casing; (vii) Padded foam cushions under the fans; (viii) Intelligent programming motors and controllers; and (ix) Hanging fans hung from bungee cords from hooks in ceiling. g. Odor — (i) All Production and Processing — No odor, terpenes, or other similar volatile organic compounds (VOCs) shall be emitted that is detectable at or beyond the property boundaries of the facility in such a concentration or of such duration as to cause a public nuisance or threaten health or safety as defined by RCW 9.66.010. (ii) Type 2 Production —Type 2 producers shall minimize odors emitted by using best management practices and technology, and all air must go through an odor control system before being vented outdoors. A mechanical engineer licensed in the state of Washington shall design the odor control system using guidance from the National Air Filtration Association and approved by the Building Official. The odor control plan must incorporate a combination of the following site design practices, tools, or other newly improved technologies to mitigate odors: A. Use of filters on exhaust air prior to dispersal; B. Placement of operations after consideration of predominant wind directions; C. Installation of additional vegetative buffers around grow areas; D. Reduction of passive odor escapes by tightening and sealing structures; E. Use of negative pressure techniques and air locks to reduce odors from escaping when doors open; F. Use of chillers that move water around the structure and leave air in place instead of air conditioning; G. Installation of carbon filter scrubbers to heating, ventilation, and air conditioning systems; H. Installation of dry vapor systems; I. Installation of ionizers; J. Use of mini -vapor screens on the interior, and Vapormatic and vapor screens on the exterior of structures; K. Installation of a piping system on perimeter fencing that neutralizes malodorous molecules; L. Installation of a gas phase filtration system; and/or, M. Installation of a fog system to disperse mixed water- and odor -neutralizing chemicals. h. Building Permits Required — Building permits shall be required for any structures used in Cannabis Production Facilities. C: Exhibit A — Proposed Marijuana Code Amendments September 15, 2021 20.80.691 Cannabis — Retail Sales Facilities. Cannabis retail sales facilities shall comply with RCW Title 69, WAC Chapter 314-55, and the following. 1. The WSLCB must approve a cannabis retail sales license for the subject property prior to issuance of the County's certificate of occupancy for buildings proposed for cannabis retail sales. Any permitting or construction work done prior to receiving said license is done so at the applicant's own risk. 2. Consistent with WAC 314-55-015, cannabis retail sales shall not take place in a residence or other location where law enforcement access, without notice or cause, is limited. Cannabis retail sales are not allowed as home occupations or cottage industries. 3. Retail sales facilities shall install the security requirements of WAC 314-55-083 prior to issuance of the County's certificate of occupancy for a cannabis operation. 4. Such facilities shall meet the off-street parking requirements of WCC 20.80.500, et seq. (Off-street Parking and Loading Requirements). 20.97.010 Agriculture. "Agriculture" means the use of land for farming, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating or storing the produce, though the operation of any such accessory uses shall be secondary to that of normal agricultural activities. The term "agriculture," "agricultural product," "horticulture," and "horticultural product" may not be construed to include or relate to cannabis, useable cannabis, or cannabis -infused products unless the applicable term is explicitly defined to include cannabis, useable cannabis, or cannabis -infused products pursuant to RCW 82.04.213. 20.97.010.1 Agricultural Processing. "Agricultural processing" means the transformation, either chemically or physically, of raw agricultural goods including but not limited to washing, grading, sizing, drying, extracting, icing, producing ornamental agricultural products, sorting, cutting, pressing, bagging, freezing, canning, packaging, milling, crushing, fermenting, aging, pasteurizing, preserving, storage, bottling, but excluding slaughtering of livestock. Agricultural processing includes those process steps associated with product preparation and processing. Storage, warehousing, and distributing products in conjunction with the agricultural processing activity occurring on that site shall be allowed. The term "agriculture," "agricultural processing," "horticulture," and "horticultural processing" may not be construed to include or relate to cannabis, useable cannabis, or cannabis -infused products unless the applicable term is explicitly defined to include cannabis, useable cannabis, or cannabis -infused products pursuant to RCW 82.04.213. 20.97.051.1 Cannabis. "Cannabis" (a.k.a., "marijuana," "marihuana," or "cannabis"), as defined and regulated by RCW 69.50 and RCW 15.125, 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 Exhibit A — Proposed Marijuana Code Amendments September 15, 2021 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. 20.97. 051.2 Cannabis processing facility. "Cannabis processing facility" means a facility licensed by the state Liquor and Cannabis Board to process cannabis into useable cannabis, cannabis concentrates, and cannabis -infused products; package and label useable cannabis and cannabis -infused products for sale in retail outlets; and sell useable cannabis and cannabis -infused products at wholesale to cannabis retailers. A cannabis processing facility shall include any structure that is associated with the processing of cannabis. 20.97. 051.3 Cannabis production facility. "Cannabis production facility" means a facility licensed by the state Liquor and Cannabis Board to produce, harvest, trim, dry, cure, package cannabis, and sell cannabis at wholesale to state -licensed cannabis processors and other state -licensed cannabis producers. A cannabis producer may also produce and sell cannabis plants, seed, and plant tissue culture to other state -licensed cannabis producers. The area of a cannabis production facility includes all the area enclosed within a structure or fence that is required by the state Liquor and Cannabis Board for the production of cannabis. Where limitations on size are imposed pursuant to §20.80.690, the "facility" shall include all structures related to the production or processing of cannabis and any ground in which cannabis is grown. For the purposes of this code, Whatcom A. "Type 1 Cannabis Production Facilities" shall mean production takes place outdoors, including in an expanse of open or cleared ground, or in structures that have no artificial lighting for aiding in the growth cycle; except that Type 1 facilities may allocate up to 10% of the total square footage of their allowed facility area to genetic preservation and plant propagation in a designated indoor area with artificial lighting. This area must be clearly identified and described in the permit the application, and is subject to all the supplemental requirements of a Type II Facility; however, no flowering plants are permitted in this area at any time. B. "Type 2 Cannabis Production Facilities" shall mean production facilities that use artificial lighting for aiding in the growth cycle. 20.97. 051.4 Cannabis retail facility. "Cannabis retail facility" means a facility licensed by the state Liquor and Cannabis Board to sell useable cannabis and cannabis -infused products in a retail outlet. A cannabis retail facility shall include any building or portion thereof that is associated with the sale of cannabis.