A. “Cannabis” or “marijuana” means all parts of the plant cannabis, commonly known as marijuana, 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.

B. “Cannabis garden” means any place, area, or garden where cannabis is produced or processed and either (1) the person producing or processing the cannabis is not a qualifying patient or designated provider, (2) a copy or copies of the valid documentation of the qualifying patient(s) who own or share responsibility for the garden are not available at all times on the premises, or (3) the number of plants or useable cannabis on the premises exceeds the limits set forth in RCW 69.51A.040(1)(a), 69.51A.040(1)(b), or 69.51A.085, or the garden is not otherwise in full compliance with RCW 69.51A.040(1)(a), 69.51A.040(1)(b), or 69.51A.085. “Cannabis garden” does not include a place, area, or garden where cannabis is produced or processed if such activity is conducted pursuant to a license or permit issued by the state.

C. “Collective garden” means any place, area, or garden where qualifying patients (as defined in RCW 69.51A.010) share responsibility and engage in the production, processing, and/or delivery of cannabis for medical use, as set forth in RCW 69.51A.085, in full compliance with all limitations and requirements set forth in RCW 69.51A.085. “Collective garden” does not include any office, meeting place, or club associated with a collective garden which is not located within the same structure as the collective garden itself. “Collective garden” does not include a garden where members are replaced in less than fifteen days or membership is otherwise manipulated to allow more than ten qualifying patients to obtain marijuana from the same or substantially the same physical location, plants, operation, or enterprise. “Collective garden” does not include any garden where the cannabis has previously been part of another collective garden or part of a cannabis garden.

D. “Dispensary” means any place where cannabis is delivered, sold, or distributed or offered for delivery, sale, or distribution. Dispensary does not include a private residence where a designated provider delivers medical cannabis to his or her qualifying patient or a private residence where a member of a collective garden delivers medical cannabis to another member of the same collective garden. Dispensary does not include a collective garden, but does include any office, meeting place, club, or other place which is not located within the same structure as the collective garden itself where medical cannabis is delivered regardless of whether the delivery is made to another member of the collective garden. Dispensary does not include a place where cannabis is delivered, sold, or distributed or offered for delivery, sale, or distribution if such activity is conducted pursuant to a license or permit issued by the state.

E. The definitions of “deliver” or “delivery,” “dispense,” “dispenser,” “distribute,” “distributor,” “manufacture,” “person,” and “production” contained in Chapter 69.50 RCW and the definitions of “designated provider,” “qualifying patient,” and “valid documentation” contained in Chapter 69.51A RCW are hereby incorporated by reference. (Ord. 3309-12 § 2, 2012.)