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Home My WebLink AboutOrd 2769 - Cannabis Use AmendmentCity of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING CANNABIS USE REGULATIONS; AMENDING ORDINANCE NOS. 2741 §4 (PART) AND 2765 §87; AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 18.06, "DEFINITIONS," AND TMC SECTION 18.50.210; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which cannabis producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, the Washington State Liquor and Cannabis Board ("LCB") has issued three licenses for cannabis retailers within the City of Tukwila; and WHEREAS, cities, towns, and counties in Washington State can choose to prohibit or to designate appropriate zones for state -licensed cannabis businesses because Washington local governments have authority to enact legislation regulating land uses within their jurisdictions; further, cities, towns, and counties may file objections to the granting of a state license at a particular location, and the LCB must give "substantial weight to objections"; however, the LCB has final authority over whether to grant or deny a state license to operate a cannabis business in Washington State per RCW 69.50.331(10); and WHEREAS, the City Council has studied the land use and other secondary impacts of recreational marijuana use, and intends to update the zoning ordinance controlling these uses; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued a threshold decision for this draft ordinance on July 22, 2025, which was not appealed; and WHEREAS, on August 25, 2025, following adequate public notice, the City Council held a public hearing on the draft zoning ordinance; and 2025 Legislation: Title Cannabis Regulations Version: 9/3/25 Staff: N. Gierloff Page 1 of 5 WHEREAS, the City Council after due consideration, believes that certain amendments to the City's zoning code are necessary addressing use districts, buffer distances, and safety features; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2741 §4 (part) and 2765 §87 (part), as codified at various sections of Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," is hereby amended to read as follows: 18.06.551 Cannabis "Cannabis" 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. 18.06.552 Cannabis Processor "Cannabis processor" means a person licensed by the state Liquor and Cannabis Board to process cannabis, whether medical or recreational, into cannabis concentrates, useable cannabis and cannabis -infused products; package and label cannabis concentrates, useable cannabis and cannabis -infused products for sale in retail outlets; and sell cannabis concentrates, useable cannabis and cannabis -infused products at wholesale to cannabis retailers. 18.06.553 Cannabis Producer "Cannabis producer" means a person licensed by the state Liquor and Cannabis Board to produce and sell cannabis, whether medical or recreational, at wholesale to cannabis processors and other cannabis producers. 18.06.554 Cannabis Retailer "Cannabis retailer" means a person licensed by the state Liquor and Cannabis Board to sell cannabis concentrates, useable cannabis, and cannabis -infused products in a retail outlet, for either recreational or medical use. 18.06.557 Cannabis -infused Products "Cannabis -infused products" means products that contain cannabis or cannabis extracts; are intended for human use, whether medical or recreational; and have a THC concentration within the limits set forth in RCW 69.50.101. The term "cannabis -infused products" does not include either useable cannabis or cannabis concentrates. 2025 Legislation: Title Cannabis Regulations Version: 9/3/25 Staff 1\1, Gierloff Page 2 of 5 18.06.558 Cannabis Concentrates "Cannabis concentrates" is as defined under RCW 69.50.101. 18.06.864 Useable Cannabis "Useable cannabis" means dried cannabis flowers. The term "useable cannabis" does not include cannabis -infused products. Section 2. Ordinance Nos. 2741 §4 (part) and 2765 §87 (part), as codified at TMC 18.50.210, "Marijuana Related Uses," is hereby amended to read as follows: 18.50.210 Cannabis Related Uses A. Applicable Regulations: The production, processing and retailing of cannabis is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed cannabis producers, cannabis processors, and cannabis retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. No cannabis business may be conducted as a home occupation or as part of a dwelling unit. The purpose of these provisions is solely to acknowledge the enactment by the state Liquor and Cannabis Board of a state licensing procedure and to permit, but only to the extent required by state law, cannabis producers, processors, and retailers to operate in designated zones of the City. B. Prohibited zones: The production, processing, selling, or delivery of cannabis, cannabis -infused products, or useable cannabis may not be conducted in any of the following areas: Community Residential High Density Residential Mixed Use Office Office Residential Commercial Center Neighborhood Commercial Center Regional Commercial Commercial/Light IIndustrial Light Industrial Manufacturing Industrial Center/Light Manufacturing Industrial Center/Heavy C. Buffer Distances: No cannabis business may be established within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, public park, or playground or 300 feet from the entities listed below. The distance will be measured as the shortest straight-line distance from the property line of the proposed building or business location to the property line of the listed use. (a) Recreation center or facility; (b) Child care center; 2025 Legislation: Title Cannabis Regulations Page 3 of 5 Version: 9/3/25 Staff: N. Gierloff (c) Public transit center; (d) Library; or (e) Any game arcade (where admission is not restricted to persons age 21 or older). D. Safety Features. All cannabis business locations shall nstall protective barriers, such as bollards at entrances, and shatter -resistant film on all ground level windows. All door and window locks shall be commercial grade. All cannabis business locations shall provide security lighting per WAC 296-832-30015 and shall install automated license plate recognition (ALPR) technology at all vehicular access points to the site. The ALPR requirement may be waived or modified by the Police Chief upon receiving documentation from the business that installation is impracticable. E. License Maximums. The City shall limit the number of cannabis businesses operating within the city to one producer, one processor and three retailers. F. Violations. 1. Any violation of this section 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 City under the applicable provisions of this code or state law. Such violations shall be enforced and appealed with the procedures set forth in TMC 8.45. Each day any violation of this section occurs or continues shall constitute a separate offense. 2. Any person violating or failing to comply with the provisions of this section of the Tukwila Municipal Code shall be subject to enforcement as prescribed in TMC 8.45 and the issuance of a Notice of Violation and Order, in accordance with TMC 8.45.070, that shall carry with it a cumulative monetary penalty of $1,000.00 per day for each violation from the date set for compliance until compliance with the Notice of Violation and Order is achieved. 3. In addition to any penalty that may be imposed by the City, any person violating or failing to comply with this section shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. 4. Any penalties imposed under this section may be doubled should the violation(s) occur within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, public park or playground or within 300 feet of a recreation center or facility, child care center, public transit center, or library, or any game arcade to which admission is not restricted to persons aged 21 years or older, as such terms are defined in WAC 314-55-010 as now enacted or hereafter amended. G. Medical cannabis: Growth of medical cannabis for the personal medical use of an individual qualifying patient as defined in RCW 69.51A.010 is subject to strict compliance with all state regulations, procedures and restrictions as set forth or hereafter adopted at RCW 69.51A. H. Cooperative prohibited: The establishment, location, operation, licensing, maintenance or continuation of a cooperative, as described in RCW 69.51, or medical cannabis collective gardens or dispensaries as described in RCW 69.51A.085, is 2025 Legislation: Title Cannabis Regulations Page 4 of 5 Version: 9/3/25 Staff: N. Gierloff prohibited in all zones of the City. Any person who violates this subsection (TMC 18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year, or by both such fine and imprisonment. I. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this section of the TMC. The remedies and penalties provided herein are cumulative and shall be in addition to any other remedy provided by law. Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this opti day of Sep�etm 4y- , 2025. ATTEST/AUTHENTICATED: D Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney 2025 Legislation: Title Cannabis Regulations Version: 9/3/25 Staff: N. Gierloff Filed with the City Clerk: Passed by the City Council: Published: c,/(( Effective Date: 1//6/2r- Ordinance Number: 2-7 ci Page 5 of 5 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2769. On September 8, 2025, the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: ORDINANCE 2769: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, VVASHINGTON, UPDATING CANNABIS USE REGULATIONS; AMENDING ORDINANCE NOS. 2741 §4 (PART) AND 2765 §87; AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 18.06, "DEFINITIONS," AND TMC SECTION 18.50.210; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Andy Youn-Barnett, City Clerk Published Seattle Times: September 11, 2025