HomeMy WebLinkAboutPC Agenda 04-15-2015621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission
MEETING AGENDA
Tri-Area Community Center
April 15, 2015
6:30 pm
OPENING BUSINESS
Call to Order
Roll Call
Approval of Agenda
Approval of 04/01 Minutes
Staff Updates
Commissioner Announcements
6:45 pm
DISCUSSION
Topic Speakers
Proposed Agricultural/Recreational
Marijuana Regulations
Carl Smith, DCD Director
Colleen Zmolek, DCD Associate Planner
8:00 pm
OBSERVER COMMENT
When the Chair recognizes you to speak, please begin by stating your name and address.
Please be aware that the observer comment period is:
An optional time period dedicated to listening to the public, not a question and answer session.
The Planning Commission is not required to provide response;
Offered at the Chair’s discretion when there’s time;
Not a public hearing – comments made during this time will not be part of any hearing record;
May be structured with a three-minute per person time limit.
8:25 pm
CLOSING BUSINESS
Follow-up action items
Proposed 05/06 public hearing at 6:30 pm at the Tri-Area Community Center
Regarding Proposed Agricultural/Recreational Marijuana Regulations
8:30 pm ADJOURNMENT
DR
A
F
T
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MEETING MINUTES
Tri-Area Community Center
April 1, 2015
Call to Order at 6:31 pm
ROLL CALL
District 1 District 2 District 3 Staff Present Coker: E-Absence Smith: Present Brotherton: Present Carl Smith, DCD Director Felder: Present Farmer: Present Giske: Present Colleen Zmolek, DCD Associate Planner Koan: Present Sircely: Present Hull: Present
Public in Attendance: 7
Approval of Agenda: Richard Hull approved the agenda. Approval of Minutes: Richard Hull moved to approve the 03/04/2015 meeting minutes. Carl spoke of correction to the meeting minutes in relation to a motion. 7 approved. 0 opposed. 1 abstained.
STAFF UPDATES
Open Volunteer Positions Carl Smith, DCD director: Announced the two open positions on the Planning Commission for District 1 and 2. Also one open position for Joint Growth Management Steering Committee for the UGA area.
COMMISSIONER ANNOUNCEMENTSNone
DISCUSSION
Proposed Agricultural/Recreational Marijuana Regulations Carl Smith, DCD director: Commissioner Sullivan spoke at the March 4th PC meeting on the scale/intensity for all agriculture. The BOCC wants PC recommendations prior to the June 11th moratorium expiration. Colleen Zmolek, planner: Discussed the meeting materials and proposals. Richard Hull: How are bagging and packing different? Colleen Zmolek, planner: Perhaps simply placing the marijuana in a bag versus packing it for sale? Gary Felder: I think the WSLCB has already covered these issues. Carl Smith, DCD director: Producing includes drying, trimming, and bagging and is not considered a processing. Matt Sircely: To WA Health Dept., an open bag of produce makes the difference between growing produce and being able to sell it. A closed paper bag requires a license to sell the produce to the public. A lot of people cannot sell what they grow at a farmers market. Richard Hull: Processing seems to be an accessory use to crop growing. Activities that are “linked” to your farm may also be considered an accessory use. Colleen Zmolek, planner: That only pertains to agricultural zones. Cottage Industries are for residentially-zoned parcels. Lorna Smith: Does there need to be a residence on the parcel? Colleen Zmolek, planner: Yes, there must be a residence. There must be someone living on the property. Richard Hull: At the last meeting, the public mentioned the different WSLCB Tiers and the size limits on each. Colleen Zmolek, planner: The size limits that were mentioned were for plant canopies. We don’t have a limit on canopies. Tom Brotherton: The operation I visited in Sequim had the plants stacked, so the canopy size did not change.
Page 1 of 3 Planning Commission Meeting 04/15/2015 Page 1 of 25
DR
A
F
T
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MEETING MINUTES
Tri-Area Community Center
April 1, 2015
OBSERVER COMMENT Jean Ball: What is proposed for some of the sizes are half of what the WSLCB allows. Kyle Craig: Temporary structures are vital. I question the enforceability of this. When you buy them from the company, the companies mention that they are exempt from permits because they’re considered temporary structures. Carl Smith, DCD director: The purpose of residential zones is to maintain residential atmosphere. Tim Wilkins: I don’t see any proposed size restrictions for RR1:5 with an acreage over 5. Carl Smith, DCD director: Anything over 4 acres would adhere to the maximum proposed building size for RR1:5. Jean Ball: My existing vegetable greenhouse is larger than 3,000 square feet. I cannot operate my proposed operation with what is proposed. Roger Short: Is this proposed for all agriculture? We need to allow every citizen to grow food. Having to purchase a larger lot to have a bigger garden is against what the Growth Management Plan was meant to do. Nicholas Johnson, reporter: Can you explain the industrial more clearly? Colleen Zmolek, planner: There are no proposed changes for industrially-zoned parcels. Jean Ball: What’s the difference between Commercial and Industrial zoned lands? Colleen Zmolek, planner: Glen Cove is considered Industrial. Downtown PT is considered Commercial. Kyle Craig: I attempted to locate land that was more in line with the direction the PC and BOCC were headed. I leased from Roger Short, a lot which is outside of Rural Residential, neighbors did not complain, and there was adequate water. It was difficult to find all three. The PC is moving towards encouraging outdoor grow. WSLCB does not consider outdoor versus indoor grows. The proposed changes are not consistent with the Climate Action Plan. People concerned with warehouses in their residential communities can rely on the market to reduce this risk. Gary Johnson: Producing and processing are artificial terms. Tom Brotherton, PC member:Does the WSLCB permit greenhouses for growing marijuana? Gary Johnson: Soft-sided requires the fence by WSLCB. Hard-sided does not. Cynthia Koan, PC member: Does this mean that soft-sided structure is considered the same as an outdoor grow? Carl Smith, DCD director: Not in our code, which defines a temporary structure as including polyurethane or similar material. Colleen Zmolek, planner: But it would still require land use review. Cynthia Koan, PC member: It’s important to grow food on your land. Lorna Smith PC member: I agree. Jean Ball: I do not understand how the County can restrict the food I produce on my land. Kyle Craig: I am not in favor of limiting individuals like this in regards to temporary structures.
DISCUSSIONMatt Sircely: The members of the public with concerns are not present here tonight. Cynthia Koan: The main concerns were being near lights, cameras, traffic, and also concerns for children. Matt Sircely: How is restricting agriculture as a whole in general going to fix that? Carl Smith, DCD director: I want to remind commissioners that the initial application that triggered the moratorium and potential regulations was a RR1:10 parcel in Discovery Bay that proposed a total 40,000 square feet in structures, 35 parking spaces, and a septic for 50 people. Does this sound like an operation you would want to live next door to? Matt Sircely: But temporary structures get destroyed over time. No one would propose such a large operation with temporary structures. Richard Hull: Many people moved here for retirement, in order to enjoy peace and quiet and having trees next door, not commercial activity.
Page 2 of 3 Planning Commission Meeting 04/15/2015 Page 2 of 25
DR
A
F
T
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MEETING MINUTES
Tri-Area Community Center
April 1, 2015
Richard Hull: Many people moved here for retirement, in order to enjoy peace and quiet and having trees next door, not commercial activity. Matt Sircely: To define rural character means different things to different people. I understand it as “to exist from the land”. The weather is unpredictable. In the nearby future, more of our crops may come from greenhouse production. Lorna Smith: If the proposal doesn’t need a building permit, and they do need a land use approval, do they come in each year for land use review or each time they change? Colleen Zmolek, planner: DCD would not conduct another review if the footprint did not change. Lorna Smith: That sounds cumbersome. Patricia Farmer: What’s the current limit on a soft-sided greenhouse? Carl Smith, DCD director: There are none. Colleen Zmolek: Unless located in critical areas, there are no county regulations. Cynthia Koan: In the spring, I enjoy seeing plants grow. However, pole buildings are quite different from temporary grow structures. Lorna Smith: The issue is marijuana. We’re spreading the net too wide on existing uses that we concluded are not an issue. Matt Sircely: I would prefer not to limit temporary structures. Temporary structures move and change constantly. Sometimes when freezing happens, it is an immediate action to erect a greenhouse to protect the plants. Tom Giske: Why would we be more concerned with commercial than residential structures? Maybe if we can decide that a temporary structure of a certain size becomes a permanent structure. I am not willing to consider a generic answer to a specific concern. It’s not about agriculture, it’s about structures. Tom Brotherton: Growing is quiet, processing is quiet. The regulations proposed for processing is good, but the proposal for growing is not. A combination of restricting size and setbacks may be something to consider. Gary Felder: The NIMBY effect has faded. We’re trying to make regulations for something that even the WSLCB hasn’t figured out yet. There won’t be anyone left except the rich to invest in it and in may come the large corporations. Matt Sircely: Perhaps by focusing our proposed regulations on permanent structures may alleviate many fears. Richard Hull: Unsightly hoop structures are of the same concern as permanent structures. Lorna Smith: Under cottage industry, perhaps we could remove the exemption of plant growing. Cynthia Koan: I feel like food is an essential and do not feel comfortable lumping them all together. Matt Sircely: As sustainable agriculture advances, we may be growing a lot of our own food. Tom Giske: We should express to the BOCC that we are uncomfortable with their direction to create regulations for all agriculture. Cynthia Koan: I agree with Tom (Giske). We would not be having this discussion if it were not for marijuana. And so that proves that it is in fact different. Carl Smith, DCD director: Let’s consider the options that PC members mentioned today: adding setbacks or removing limits to temporary structures. (General consensus to re-incorporate recreational marijuana producing, processing, and retail as separate line items in the 18.15 use table for review at April 15 special meeting) Adjourned at 8:40 pm These meeting minutes were approved this ____________ day of ___________________________, 2015. ________________________________________ _________ ______________________________________________________________
Page 3 of 3
Elizabeth Williams, PC Secretary/DCD Administrative Clerk Kevin Coker, Chair
Planning Commission Meeting 04/15/2015 Page 3 of 25
JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street | Port Townsend, WA 98368 | Web: www.co.jefferson.wa.us/communitydevelopment Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us ________________________________________________________________________________________ Building Permits & Inspections | Development Consistency Review | Long Range Planning | Watershed Stewardship Resource Center
TO: Planning Commission
FROM: Carl Smith, DCD Director
Colleen Zmolek, Associate Planner
RE: Land Use Regulations for Agricultural-Use Buildings, including I-502
DATE: April 15, 2015 ______________________________________________________________________________________
At the Planning Commission meeting of April 1, 2015, staff and the Commissioners continued discussion of
potential regulation of all agricultural buildings, including those that could be used for the growing and production of recreational marijuana as well as any other agricultural crops.
The Planning Commission expressed concern for potential unintended consequences of limiting the size of agricultural building sizes on non-marijuana agriculture. The Commission expressed interest in regulatory
approaches that would treat recreational marijuana as a separate use.
To address this concern, staff is re-presenting approaches that were presented at a prior Planning
Commission meeting, where the three categories of recreational marijuana are listed and addressed as separate uses on the table of land uses (Table 3-1, JCC 18.15.040).
This approach allows specific controls to be placed on recreational marijuana without affecting other types of agriculture.
Staff looks forward to discussing this topic with the Planning Commission at the April 15, 2015 meeting.
Planning Commission Meeting 04/15/2015 Page 4 of 25
Planning Commission
JCC 18.15.040 Table 3-1
Proposed Recreational Marijuana Uses (4-15-2015)
Resource
Lands Rural Residential Rural Commercial Rural Industrial Public UGA UGA Port Ludlow
Ag
r
i
c
u
l
t
u
r
a
l
– Pr
i
m
e
a
n
d
L
o
c
a
l
Fo
r
e
s
t
–
Co
m
m
e
r
c
i
a
l
,
R
u
r
a
l
1
D
U
/
5
A
c
r
e
s
1
D
U
/
1
0
A
c
r
e
s
1
D
U
/
2
0
A
c
r
e
s
Ru
r
a
l
V
i
l
l
a
g
e
C
e
n
t
e
r
Co
n
v
e
n
i
e
n
c
e
C
r
o
s
s
r
o
a
d
Ne
i
g
h
b
o
r
h
o
o
d
/
V
i
s
i
t
o
r
Ge
n
e
r
a
l
C
r
o
s
s
r
o
a
d
Re
s
o
u
r
c
e
-Ba
s
e
d
I
n
d
u
s
t
r
i
a
l
Li
g
h
t
I
n
d
u
s
t
r
i
a
l
/
C
o
m
m
e
r
c
i
a
l
(G
l
e
n
C
o
v
e
)
Li
g
h
t
I
n
d
u
s
t
r
i
a
l
(
G
l
e
n
C
o
v
e
)
Li
g
h
t
I
n
d
u
s
t
r
i
a
l
/
M
a
n
u
f
a
c
t
u
r
i
n
g
(Q
u
i
l
c
e
n
e
a
n
d
E
a
s
t
v
i
e
w
)
He
a
v
y
I
n
d
u
s
t
r
i
a
l
Pa
r
k
s
,
P
r
e
s
e
r
v
e
s
a
n
d
Re
c
r
e
a
t
i
o
n
Ir
o
n
d
al
e
a
n
d
P
o
r
t
H
a
d
l
o
c
k
Co
m
.
Ur
b
a
n
G
r
o
w
t
h
A
r
e
a
Ir
o
n
d
a
l
e
a
n
d
P
o
r
t
H
a
d
l
o
c
k
LI
PL
A
V
i
l
l
a
g
e
C
o
m
C
e
n
t
e
r
Land
Use AG
CF/R
F/IF
RR
1:5
RR
1:10
RR
1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA
LI
UGA PLA
MJ
Recreational Producer Yes C(d) C(d) C(d) C(d) No No No No Yes Yes Yes Yes Yes No
See Title 18
No Yes
See Title 17
No
MJ
Recreational Processor C(d) C(d)* C(d)* C(d)* C(d)* No No No No Yes Yes Yes Yes Yes No
See Title 18
No Yes
See Title 17
No
MJ Recreational Retailer C(d) No No No No No Yes Yes Yes Yes Yes Yes Yes Yes No
See Title 18
Yes** Yes
See Title 17
No
*Only allowed as a CUP when complies with Recreational Marijuana and Cottage Industry
** Retail allowed in Urban Commercial
P
l
a
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
M
e
e
t
i
n
g
0
4
/
1
5
/
2
0
1
5
P
a
g
e
5
o
f
2
5
Planning Commission Meeting
April 15, 2015
Proposed Regulations for Recreational Marijuana (I-502)
JCC 18.20.___ PERFORMANCE STANDARDS
JCC 18.20.____ Recreational Marijuana/Cannabis
(1) General provisions. In addition to all other applicable development standards of this Chapter
and other applicable regulations within Jefferson County Code, the standards set forth below
shall apply to all recreational marijuana activities in the unincorporated areas of Jefferson
County. In the event of conflicts, the more protective measure shall apply. In addition to these
provisions, recreational marijuana activities shall comply with all applicable provisions of federal
and state law (Chapter 314-55 Washington Administrative Code), including the rules governing
recreational marijuana as promulgated by the Washington State Liquor Control Board and other
agencies with jurisdiction.
(2) Definitions. For purposes of this chapter, the following definitions shall apply. Where these definitions conflict with RCW 69.50.101, as now on hereafter amended, those in state
law shall govern.
(a)Marijuana or marihuana: 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 greenhouse: a structure with a glass or rigid plastic roof and glass or rigid plastic walls designed and used to create an artificial climate for the growing of
marijuana as licensed by the Washington state Liquor Control Board for the marijuana production that is of sufficient strength and stability to comply with the structural design load requirements of the building code and that is not used as a place for human
habitation or by the general public.
(c) 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.
Marijuana processing for the purpose of this section may or may not include drying,
trimming and bagging of a recreational marijuana product.
(d) 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. Marijuana producing for the purpose of this section shall include drying, trimming and bagging of a recreational marijuana product.
Planning Commission Meeting 04/15/2015 Page 6 of 25
(e) 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.
(f) Marijuana retailer: means a person licensed by the state liquor control board to sell useable marijuana and marijuana-infused products in a retail outlet.
(g) Plant Canopy: Means the square footage dedicated to live plant production, such as
maintaining mother plants, propagating plants from seed to plant tissue, clones, vegetative or flowering area. Plant canopy does not include areas such as space used
for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc.
(3) Use zones. Three categories of recreational marijuana activities are recognized by rules of
the State of Washington as follows: “production”, “processing” and “retailing”; and each category
of such use shall be allowed in the following comprehensive plan zones and as further shown in
Jefferson County Code 18.15.040 Table 3-1:
a. Production: Allowed as a yes use in Agricultural zoning district, Rural Industrial and
Urban Industrial zoning districts. Allowed as a Conditional Discretionary C(d) use inRural Residential zoning districts and Forest Resource zoning districts. Prohibited in
Rural Commercial, Urban Commercial, Urban Public, Urban Residential, County Waste
Management Essential Public Facility (CWMEPF) and Mineral Resource Lands (MRL),Park Preserves and Recreational (PPR) and Port Ludlow Master Plan Resort zoning
districts.
b. Processing: Allowed as yes use in Rural Industrial and Urban Industrial zoning districts.
Allowed as Conditional Discretionary C(d) with a Cottage Industry permit in ResourceLands and Rural Residential zoning districts. Prohibited in Rural Commercial zoningdistricts, Urban Commercial, Urban Public, Urban Residential, County Waste
Management Essential Public Facility (CWMEPF) and Mineral Resource Lands (MRL),Park Preserves and Recreational (PPR) and Port Ludlow Master Plan Resort zoningdistricts.
c.Retailing: Allowed as a yes use in Rural Commercial, Neighborhood /Visitor (NC),
General Crossroad (GC) and Rural Village Center (RVC), Urban Commercial(UC)
zoning districts. Allowed as a Conditional Discretionary C(d) on Agricultural ResourceLands. Allowed as Conditional Discretionary C(d) with a Cottage Industry permit in
Forest and Rural Residential zoning districts. Prohibited in, Convenience Crossroads
(CC), Visitor Oriented Commercial (VOC), Urban Public, Urban Residential, CountyWaste Management Essential Public Facility (CWMEPF) and Mineral Resource Lands
(MRL), Park Preserves and Recreational (PPR) and Port Ludlow Master Plan Resort
zoning districts.
4)The following standards shall apply for all recreational marijuana activities.
a. Producing in the Forest and Rural Residential zones is allowed as Conditional
Discretionary C(d) use subject to the recreational marijuana standards and structure
size limitation :
(i) Permanent and Temporary Growing Structures on Rural Residential lands RR 1:5,
RR 1:10 and RR 1:20 and forest resource lands shall meet the following standards inaddition to all other applicable sections of the Jefferson County Code.
Planning Commission Meeting 04/15/2015 Page 7 of 25
(A) Rural Residential 1:5, 1:10 & 1:20 and Forest Resource lands CF-80, RF-40, IF - temporary or permanent growing structure size. The allowed structure size
is a total combination of square footage of gross floor area for all growing
structures. a.Less than and equal to 1 acre parcel size: Maximum up to 500 sf
gross floor area.b.Greater than 1 acre and less than or equal to 2 acre parcel size:Maximum up to 1,000 sf gross floor area. (option increase-2,000 sf)
c.Greater than 2 acre and less than or equal to 3 acre parcel size:Maximum up to 1,500 sf gross floor area. (option increase-3,500 sf)
d.Greater than 3 acre and less than or equal to 4 acre parcel size:
Maximum up to 2,000 sf gross floor area. (option increase-4,000 sf)e.Greater than 4 acre: Maximum up to 2,500 sf gross floor area. (option
increase-5,000 sf)
(B) Rural Residential 1:10 & 1:20 and Forest Resource lands CF-80, RF-40, IF -
Greater than 5 acres parcel size temporary or permanent growing structure
size. The allowed structure size is a total combination of square footage of gross floor area for all growing structures.
a.Greater than 5 acre and less than or equal to 6 acre parcel size:Maximum 3,000 sf gross floor area. (option increase-6,000 sf)
b.Greater than 6 acre and less than or equal to 7 acre parcel size:
Maximum 3,500 sf gross floor area. (option increase-7,000 sf)c.Greater than 7 acre and less than or equal to 8 acre parcel size:Maximum 4,000 sf gross floor area. (option increase-8,000 sf)
d.Greater than 8 acre and less than or equal to 10 acre parcel size:Maximum 4,500 sf gross floor area. (option increase-9,000 sf)
e.Greater than 10 acre parcel size: Maximum 5,000 sf gross floor area.(option increase-10,000 sf)
b. Producing in Agricultural zoning district is allowed as a “yes use” without size
limitations but shall be subject to the standards in 18.20.030 agricultural performancestandards and 18.20. ____ recreational marijuana performance standards.
c. Processing in the Forest and Rural Residential zoning districts is allowed subject to aConditional Discretionary C(d) use permit per JCC18.20.070 Cottage Industry
Standards and as consistent with JCC 18.20.____recreational marijuana. In addition
to the maximum structure size of 5,000 square feet for a processing structureauthorized as a Cottage Industry per Jefferson County Code 18.20.070(4)(o) for
Cottage Industry an additional growing structure(s) such as greenhouses may beallowed up to the following size limits per parcel size and structure size for producingonly per (4)(a)(i).
d.Processing and Retail in the Agricultural zoning district is allowed as ConditionalDiscretionary C(d) and shall be subject to the standards in 18.20.030(3) agricultural
performance standards and 18.20.____ recreational marijuana performancestandards.
e.No recreational marijuana facility may be permitted as a home business. Allrecreational marijuana activities are subject to the applicable requirements ofJCC18.20 & 18.30.
Planning Commission Meeting 04/15/2015 Page 8 of 25
f.Outdoor Producing; All outdoor producing activities in Rural Residential and ForestZones shall have an unlimited outdoor canopy without size limitations. All outdoor
producing activities for a Cottage Industry shall have an unlimited outdoor canopy
without size limitations.
g.Landscape screening. All recreational marijuana activities shall have Type “A”landscape screening from adjacent parcels, per Jefferson County Code 18.30.130,Development Standards.
h. Setbacks. All recreational marijuana structures and activities in Agriculture,
Commercial Forest, Rural Forest or Rural Commercial zone that abut Residential
zoned land shall be a minimum a 25 feet from all property lines including front roadsetbacks. Setbacks requirements for other zone combinations are as stated inJefferson County Code 18.30.050 Development Standards Table 6-1 Density
Dimension and Open Space Standards.
i.Cameras. Any security cameras proposed for a recreational marijuana facility shall
be positioned so as to not intrude on the privacy of adjacent parcels.
j.Odor. No odor or smoke shall be emitted that is detectable at or beyond the walls of
property of a marijuana facility.
k.Any fence 8 feet or taller shall be located a minimum 25’ from all parcel propertylines.
l.In addition to these requirements, recreational marijuana activities shall be governedby the applicable regulation for each use.
m.Recreational Marijuana activities and facilities shall comply with all applicablestandards of the Jefferson County Code Title 18 including but not limited to
development standards in Chapter 18.30 JCC performance and Use-Specific
standards in Chapter 18.20 JCC including JCC 18.20.010 General Provisions,18.20.020 Accessory Uses and Structures, JCC 18.20.030 Agricultural Activities and
Accessory Uses, 18.20.140 Commercial Uses – Standards for Site Development,
JCC 18.20.170 Cottage Industry, and JCC 18.20.220 Industrial Uses – Standards forsite development.
n.All recreational marijuana licenses shall provide to the Department of CommunityDevelopment and Environmental Health a copy of their operations plan as submitted
to the Washington State Liquor Control Board, including details of any chemicals,processes, extraction methods, waste handling procedures and safety measuresplanned for their operations.
Planning Commission Meeting 04/15/2015 Page 9 of 25
(additional language highlighted in yellow)
18.20.030 Agricultural activities and accessory uses.
(1) Definitions. For the purposes of this section, the following definitions shall apply. Other relevant definitions appear in subsections of this section and in Chapter 18.10 JCC.
(a) Agriculture. The science, art, and business of producing crops, or raising livestock;
farming.
(b) Agricultural Activities. Land preparation for agricultural purposes, such as clearing, grading, contouring, ditching, fencing, plowing, tilling, planting, cultivating, fertilizing, weed,
pest and disease control, spraying, pruning, trimming, harvesting, processing, packing, sales, and construction of farm and stock ponds, irrigation ditches and systems; livestock
management, such as breeding, birthing, feeding and care of animals, birds, honey bees,
and fish; the repair maintenance and incidental construction of equipment, structures, or machinery used to perform agricultural or husbandry operations; and the storage of
agricultural products and machinery.
(2) Agricultural Activities.
(a) Where Allowed. Agricultural Activities, as defined above and excepting those related to
recreational marijuana, are an allowed use under any of the Comprehensive Plan land use designations, subject to the provisions of this subsection, except that “processing,”
“packing,” and “sales” are regulated under subsection (3) of this section, Accessory Uses. Agricultural Activities related to marijuana producing, processing and retail are subject to this section and JCC 18.20.___ for Recreational Marijuana. Where conflicts occur, the
more restrictive shall apply.
(3) Accessory Uses.
(a) General Provisions. Pursuant to RCW 36.70A.177:
(i) Accessory uses that support, promote, or sustain agricultural operations and production shall comply with the following:
(A) Accessory uses shall be located, designed, and operated so as not to
interfere with natural resource land uses and shall be accessory to the growing of crops or raising of animals;
(B) Accessory commercial or retail uses shall predominantly produce,
store, or sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production,
agriculturally related experiences, or products produced on-site.
Accessory commercial and retail uses shall offer for sale predominantly products or services produced on-site; and
(C) Accessory uses may operate out of existing or new buildings with parking and other supportive uses consistent with the size and scale of existing agricultural buildings on the site but shall not otherwise convert
agricultural land to nonagricultural uses.
(ii) Accessory uses may include compatible commercial or retail uses including, but not limited to:
Planning Commission Meeting 04/15/2015 Page 10 of 25
(A) Storage and refrigeration of regional agricultural products;
(B) Production, sales, and marketing of value-added agricultural products
derived from regional sources;
(C) Supplemental sources of on-farm income that support and sustain on-farm agricultural operations and production;
(D) Support services that facilitate the production, marketing, and distribution of agricultural products; and
(E) Off-farm and on-farm sales and marketing of predominantly regional
agricultural products and experiences, locally made art and arts and crafts, and ancillary retail sales or service activities.
(b) . Where Allowed. Accessory uses to agriculture are allowed exclusively in
agricultural lands. All Recreational Marijuana activities are subject to specific process approval allowances and prohibitions per Jefferson County Code
18.15.040 Table 3-1 for Recreational Marijuana and the performance standards in JCC 18.20.___.
(c) Where Prohibited. Accessory uses to agriculture, as defined and regulated in this
section, are prohibited in all land use districts except agricultural lands. Proposals that would be classified accessory uses in agricultural lands, such as processing,
packing, and sales of agricultural products, may be considered and approved in other
land use districts under different and appropriate land use classifications, such as commercial use, light industrial use, home business, cottage industry, or small-scale
recreation and tourist use, subject to allowed and prohibited uses per land use district and the associated permit processes and approval criteria.
(d) When Exempt from Permit Process. Accessory uses on agricultural lands, except
those for Recreational Marijuana, are considered a matter of right and not subject to land use permits or approval from the administrator, subject to the following
limitations and provisions in association with these various use categories:
(i) General. All accessory uses, when exempted from a permit or approval process, shall be conducted in such a manner that:
(A) Parking for all visitors or suppliers is fully accommodated on-site in a location and manner that does not encroach upon or negatively impact environmentally sensitive areas and their protection buffers and that
converts as little prime agricultural soil as practicable into nonagricultural use.
(B) New structures are constructed or existing structures are expanded in a
location and manner that does not encroach upon or negatively impact environmentally sensitive areas and their protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural
use.
(ii) Composting and recycling must be nonhazardous and biodegradable.
(iii) Processing and packing agricultural products if at least 50 percent of the
product was raised or produced on the site or on other Jefferson County parcels, including but not limited to prepared foods, cheese, wine, beer, decorative
materials, compost, etc., including cooperative processing and packing involving
more than one local farmer.
Planning Commission Meeting 04/15/2015 Page 11 of 25
(iv) Retail and wholesale sales of agricultural products from existing or new farm stands and farm buildings, including cooperative sales involving more than one
local farmer, subject to the following provisions:
(A) At least 50 percent of the square footage of the undercover, retail display area is comprised of products from the farm on which the stand is
located or from land owned by the owner of the stand.
(B) If less than 50 percent of the products sold come from the farm on which the sale occurs, all the products sold must primarily supply local
agricultural activities and the sales must be accessory to the prime function of the land as a farm. Examples are sale of hay, specialized livestock materials, farm equipment, livestock fencing, horticultural supplies, etc.
(v) Farm Equipment. Commercial repair and maintenance of farm equipment and sales of equipment, structures, or machinery manufactured on-site for use
in agricultural operations subject to the following provisions:
(A) The activity must be accessory to the main function of the property as a farm.
(B) The activity shall comply with JCC 18.20.220(1)(a), (c), and (d),
Industrial uses – Standards for site development.
(C) Storage of vehicles, equipment, materials or products not related to
agriculture must meet the requirements of JCC 18.20.280, Outdoor storage
yards.
(vi) Agritourism. Agriculturally related activities designed to bring the public to
the farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours, horticultural nurseries and associated
display gardens, cider pressing, wine or cheese tasting, etc., subject to the following provisions:
(A) All activities must be closely related to normal agricultural activities.
Activities which simply adopt an agricultural theme or setting but which are not otherwise a normal extension of agricultural activities are not permitted as a matter of right; however, they may be considered under JCC
18.20.350, Small-scale recreation and tourist uses. The following list of uses not permitted as a matter of right is illustrative but not exhaustive:
mechanical rides such as Ferris wheels and carousels, arcade type games
and activities, dance halls, stage performances, drinking establishments that serve alcohol which is not wine produced on-site, fireworks, sporting
events, caged wild animals, exhibits, etc.
(B) Temporary events that are not related to agriculture are regulated by JCC 18.20.380, Temporary outdoor uses.
(vii) Classes. Subject to the following provisions:
(A) Classes are clearly accessory to the primary function of the farm.
(B) Classes must not exceed four weeks in length for any single course of
instruction. Schools with classes that exceed four weeks must meet the
provisions of subsection (3)(e)(ii)(B) of this section, addressing agricultural schools.
(C) If students are regularly housed on-site for the class, the provisions of JCC 18.20.210, Hospitality establishments, shall apply.
Planning Commission Meeting 04/15/2015 Page 12 of 25
(viii) Lumber Mills and Associated Forestry Processing Activities and Uses. Harvesting, sawing, processing, assembling and selling lumber is limited to
timber from the designated agricultural lands property on which the activity is
located and is subject to the regulations of JCC 18.20.230, Lumber mills (portable and stationary).
(e) When Permit Process is Required.
(i) Proposal Exceeds Terms or Limitations. Accessory uses on agricultural lands that are best described as one of the uses listed in subsection (3)(d) of this
section and yet exceed or lie outside of the terms and limitations set forth in subsection (3)(d) of this section are considered discretionary uses (i.e., “D” uses), as defined at JCC 18.15.020(1)(b), and subject to a Type II administrative
review as specified in Chapter 18.40 JCC. The administrator may classify the proposed use as an allowed “yes” use, conditional administrative use,
conditional use, or prohibited use. The permit process is subsequently
conducted pursuant to Chapter 18.40 JCC according to the use classification.
(ii) Other Accessory Uses. The following accessory uses may be permitted on
designated agricultural lands subject to a discretionary determination by the
administrator (i.e., a Type II administrative review process for a “D” use), provided they are located, designed and operated so as not to interfere with
natural resource land uses and subject to the following provisions in association
with these various use categories:
(A) Permanent and/or seasonal farm worker housing, in addition to an
accessory dwelling unit; provided, that:
(I) The housing is used exclusively for agricultural workers on the farm and their families or members of the family of the farm owner with at
least one member of each household actively working on the farm.
(II) The housing for farm labor is not sold, leased or rented to the general public unless the owner applies for and receives a permit for
an agriculture-related recreational or tourist use as specified in JCC 18.20.350.
(III) The farm worker housing units are constructed in such a manner
that they meet all applicable regulations for dwelling units for agricultural worker housing.
(IV) A covenant is recorded with the title of the parcel on which the
housing is located in a form satisfactory to the county that specifies that the units are exclusively for use by farm laborers and their families
employed on the property by the owner. The use of the farm labor
dwelling units may be converted to nonagricultural uses and the covenant removed subject to approval by the administrator and
issuance of any required land use permits.
(V) The accommodations shall not require the extension of public sewer services.
(B) Agricultural schools which offer a program that lasts for more than 30
days per year per student and which may be the primary function of the land, subject to the following provisions:
(I) The predominant focus of the curriculum and activities of the school is closely tied to and dependent upon agricultural activities and facilities on the farm. If the school has a conventional curriculum and is
Planning Commission Meeting 04/15/2015 Page 13 of 25
merely utilizing an agrarian setting, it does not qualify for location on designated agricultural land.
(II) Agricultural schools under this section which also house students
and/or faculty for the duration of the course of study must meet the requirements of JCC 18.40.080 for a conditional use permit.
(III) Buildings and parking facilities used for the school avoid location on prime agricultural soils, whenever practicable.
(C) Veterinary clinics or hospitals which have at least a portion of their
business serving large domestic animals necessitating holding pens, paddocks, etc., subject to the provisions of JCC 18.20.420(1)(a) and (b). Veterinary clinics and hospitals that do not include an on-site, large animal
practice are not permitted on land designated agricultural land.
(D) Farm restaurant when it is a component of the agritourism activities of a
farm subject to the restrictions set forth in JCC 18.20.350(1).
(E) Farm campground for fishing or hunting on or near farm property subject to the regulations in JCC 18.20.350(6)(a)(1) through (9).
(F) Guide services associated with livestock used for trail riding, packing,
etc.
(G) Rural recreational tourist lodging subject to the provisions of JCC
18.20.350.
(H) Commercial display gardens subject to the requirements of JCC 18.20.350(3). [Ord. 8-06 § 1]
(b) Where Allowed. Accessory uses to agriculture, except those for Recreational
Marijuana, are allowed exclusively in agricultural lands. All Recreational Marijuana activities are subject to specific process approval allowances and prohibitions per Jefferson
County Code 18.15.040 Table 3-1 for Recreational Marijuana and the performance standards in JCC 18.20.___.
(c) Where Prohibited. Accessory uses to agriculture, as defined and regulated in this section, are prohibited in all land use districts except agricultural lands. Proposals that
would be classified accessory uses in agricultural lands, such as processing, packing, and sales of agricultural products, may be considered and approved in other land use districts
under different and appropriate land use classifications, such as commercial use, light
industrial use, home business, cottage industry, or small-scale recreation and tourist use, subject to allowed and prohibited uses per land use district and the associated permit
processes and approval criteria.
(d) When Exempt from Permit Process. Accessory uses on agricultural lands, except those for Recreational Marijuana, are considered a matter of right and not subject to
land use permits or approval from the administrator, subject to the following limitations and
provisions in association with these various use categories:
Planning Commission Meeting 04/15/2015 Page 14 of 25
Draft
Agriculture Review Process (including I-502)
Code Amendment Timeline
2015 Activity
February 9 BOCC adopts 4- month extension to moratorium
February 23 Brief the BOCC at the afternoon session on progress to date on I-502 code development and proposed timeline of future steps in the process.
March 4 Planning Commission review and deliberate draft code ideas. Commissioner Sullivan to present “focus areas”.
March 18 Planning Commission special meeting- continued discussion of draft code.
April 1 Planning Commission regular meeting-continued discussion of draft code.
April 15 Potential special Planning Commission meeting to continue discussion.
April 22 Publish notice of Planning Commission public hearing to be held May 6
Publish SEPA notice (14 day comment period begins) Transmit draft regs to Dept of Commerce – request expedited review (30 days)
May 6 Planning Commission public hearing on I-502 code. Vote to recommend I-502 code to BOCC
May 11 BOCC briefing on Planning Commission recommendations
May 18 BOCC approval of public hearing notice for June 1
June 1 BOCC public hearing and vote on I-502 regulations
June 8 (additional BOCC meeting for vote, if necessary)
June 11 Moratorium expires
Planning Commission Meeting 04/15/2015 Page 15 of 25
Proposed (Line in/Line out) Changes to 18.20.030
Hi – I read the proposed changes to 18.20.030 that were presented to the Planning Commission and have the following comments.
Though focused on marijuana production the proposals will have very negative effects on the rest of agriculture in Jeffers county.
The proposed changes/new language for “18.20.030 Agricultural activities and accessory uses”
“(k) Agricultural Processing. Includes but is not limited to grinding, mixing, milling, canning, packing, freezing. Includes extraction and
activities to transform the agricultural product into a value added product. Agricultural Processing for the purposes of this section
shall not include the drying, trimming and bagging of an agricultural product. “
Many agricultural crops besides marijuana require “drying, trimming and bagging”. For example if a farmer is producing culinary herbs
they will want to dry, trim and bag them for sale as dried herbs. The proposed language would prohibit them from doing this as
“agricultural processing”. Other examples might be dried flowers, garlic, beans, grains and many others.
The term “bag” is very broad – bagging up a mixture of fresh greens would then be prohibited for instance. I know this sounds silly but
once words are put into regulations they can (and probably will) be interpreted in ways that were not intended.
“Bagging and trimming” are definitely “agricultural processing” and affect many crops. Most vegetables are trimmed during processing
and often bagged for sale.
I am afraid that your focus on trying to figure out the marijuana mess will end up unintentionally negatively affecting other farmers and
suggest that you remove the sentence “Agricultural Processing for the purposes of this section shall not include the drying, trimming
and bagging of an agricultural product. “
Also it seems that the farming community has not been involved in this discussion since it is focused on marijuana – I suggest you talk
with the other farmers in the county to get their feedback on the proposed changes to 18.20.030.
Al Latham
470 Dharma Rd.
Chimacum WA 98325
7324607
So does “ bagging” mean ANY PACKAGING? Bagging up beans, grains, herbs, greens? If for instance you are growing culinary herbs
and wanted to sell packaged dried herbs this would mean you could not do it. You all will have a better idea how this language could
affect things you currently do or might plan to do in the future. Seems silly but not to be too paranoid but once regulation language is
set some will interpret it very strictly Al
http://www.co.jefferson.wa.us/commdevelopment/PDFS/PCAgenda/2015%20Agendas/PC%20Agenda%2020150401%20%
20REVISED.pdf
Regards, Al Latham
Al <alelatham@gmail.com>
Thu 4/2/2015 7:56 PM
To:Carl Smith <CSmith@co.jefferson.wa.us>; David Sullivan <dsullivan@co.jefferson.wa.us>; Planning Commission Desk
<PCommissionDesk@co.jefferson.wa.us>; Phil Johnson <pjohnson@co.jefferson.wa.us>; Kathleen Kler <KKler@co.jefferson.wa.us>;
Cc:Laura Lewis <laura.lewis@wsu.edu>;
Page 1 of 1Proposed (Line in/Line out) Changes to 18.20.030 Planning Commission Desk
4/10/2015https://owa.co.jefferson.wa.us/owa/
Planning Commission Meeting 04/15/2015 Page 16 of 25
Cannabis / agricultural 5012-S
Planning Commissioners,
Legislation currently close to passage in Olympia (attached) makes it clear that hemp and other forms of cannabis are
not any different from any other agricultural products (i.e., crops).
So, please tred very lightly when thinking about making any changes to the county code – whatever you do will likely
be subject to legal challenge under the rule of preemption (state law trumps local regulations), and that will be an
unnecessary expense for all concerned.
All things considered, unless and until things settle down (for at least a year or two), changing the current Code in any
way is a really bad idea; any changes will likely have only unintended, negative, and expensive consequences.
Thank you,
Tom Thiersch
Jefferson County
thiersch-public@usregs.com
There are 10 kinds of people in the world -- those who understand binary, and those who don't.
3 SAVE PAPER - Please do not print this e-mail unless absolutely necessary.
public@usregs.com>-Tom Thiersch <thiersch
Mon 4/6/2015 4:06 PM
To:Planning Commission Desk <PCommissionDesk@co.jefferson.wa.us>;
Cc:David Sullivan <dsullivan@co.jefferson.wa.us>; John Austin <jaustin@co.jefferson.wa.us>; Phil Johnson <pjohnson@co.jefferson.wa.us>;
1 attachment
5012-S HBR COG 15.pdf;
Page 1 of 1Cannabis / agricultural 5012S Planning Commission Desk
4/10/2015https://owa.co.jefferson.wa.us/owa/
Planning Commission Meeting 04/15/2015 Page 17 of 25
HOUSE BILL REPORT
SSB 5012
As Reported by House Committee On:
Commerce & Gaming
Title: An act relating to authorizing the growing of industrial hemp.
Brief Description: Authorizing the growing of industrial hemp.
Sponsors: Senate Committee on Agriculture, Water & Rural Economic Development (originally
sponsored by Senators Hatfield, Honeyford, Rolfes, Ericksen, Kohl-Welles, Hasegawa,
Chase and Hobbs).
Brief History:
Committee Activity:
Commerce & Gaming: 3/16/15, 3/23/15 [DPA].
Brief Summary of Substitute Bill
(As Amended by Committee)
Legalizes industrial hemp and removes it from coverage under the state
Controlled Substances Act.
Designates industrial hemp as an agricultural product that may be grown,
produced, possessed, and commercially traded.
Establishes regulations designed to ensure that the tetrahydrocannabinol
content of industrial hemp grown in this state is consistent with international
standards.
Authorizes the Department of Agriculture to issue licenses for the growing of
industrial hemp and to regulate the industrial hemp industry.
Creates standards and requirements that a grower must meet in order to be an
industrial hemp grower.
Imposes a fee on growers to cover regulatory costs.
Creates a dedicated industrial hemp account in the State Treasury that is
funded by licensing fees and other revenues.
Authorizes Washington State University to undertake research regarding
industrial hemp production.
––––––––––––––––––––––
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not a part of the legislation nor does it
constitute a statement of legislative intent.
House Bill Report SSB 5012- 1 -
Planning Commission Meeting 04/15/2015 Page 18 of 25
Requires that the Liquor Control Board and the Department of Agriculture
collaborate in rule-making to address issues relating to cross-pollination
between industrial hemp and marijuana plants.
HOUSE COMMITTEE ON COMMERCE & GAMING
Majority Report: Do pass as amended. Signed by 9 members: Representatives Hurst,
Chair; Wylie, Vice Chair; Condotta, Ranking Minority Member; Holy, Assistant Ranking
Minority Member; Blake, Kirby, Scott, Van De Wege and Vick.
Staff: Thamas Osborn (786-7129).
Background:
Industrial Hemp Defined and Described.
Industrial hemp is generally defined as encompassing those Cannabis sativa plant types
intended for agricultural and industrial purposes. Although marijuana is also derived from
the Cannabis sativa plant, industrial hemp is readily distinguishable from marijuana with
respect to: (1) the types and percentages of organic compounds it contains; (2) its
agricultural, industrial, and pharmaceutical uses; and (3) its observable physical
characteristics. For legal purposes, the key factors in distinguishing the two plants are the
amounts of delta-9 tetrahydrocannabinol (THC) and cannabinoids each contains, with the
THC level being the most important measure. Tetrahydrocannabinol is a psychoactive,
organic compound that in sufficient concentrations will cause intoxication in humans.
Industrial hemp has very low levels of THC and, thus, does not have psychoactive effects or
cause intoxication. Throughout most of the world, the legal definition of industrial hemp
includes the requirement that the plant contain no more than 0.3 percent THC. Marijuana, by
contrast, has much higher concentrations of THC, ranging anywhere from 5 to 25 percent.
In those countries where it is legal to do so, industrial hemp is grown primarily as a source of
fiber principally used for textiles, rope, paper, and building materials. Hemp seed is
increasingly used for food, feed, and oil. Hemp seed oil is used in pharmaceuticals,
cosmetics, inks, lubrication, household detergents, varnishes, resins, and paints. Hemp plants
are increasingly used as a source of livestock feed and bedding.
Approximately 30 countries in Europe, Asia, and North and South America currently permit
farmers to grow hemp.
Federal Statute and Regulations.
Industrial hemp and all other Cannabis plant types, including those falling within the
definition of marijuana, are considered a Schedule I controlled substance under the federal
Controlled Substances Act of 1970 (federal CSA) and are, therefore, illegal to either cultivate
or possess. The federal CSA does not distinguish between industrial hemp and other
varieties of Cannabis on the basis of THC content. It is illegal, therefore, to grow Cannabis
plants containing any level of THC without a permit from the Drug Enforcement Agency.
House Bill Report SSB 5012- 2 -
Planning Commission Meeting 04/15/2015 Page 19 of 25
Notwithstanding the federal CSA's prohibition against the cultivation or possession of hemp,
with the passage of the Agricultural Act of 2014 (2014 Farm Bill) the legal status of
industrial hemp under federal law has become ambiguous. Without changing the federal
CSA prohibition, the 2014 Farm Bill explicitly authorizes institutions of higher education and
state departments of agriculture to grow or cultivate industrial hemp for research purposes,
but only in those states that have legalized the growing and cultivation of hemp.
Washington State Controlled Substances Act.
As is the case under the federal CSA, Washington's Controlled Substances Act does not
distinguish between industrial hemp and other varieties of Cannabis on the basis of THC
content, and thus industrial hemp is categorized as a Schedule I controlled substance, along
with marijuana. Accordingly, in this state it remains illegal to cultivate or possess industrial
hemp.
Legalization and Regulation of Hemp in Other States.
During recent years, there has been considerable legislative activity throughout the United
States with respect to legalizing the agricultural production of industrial hemp. To date,
approximately 11 states have legalized industrial hemp production, including: California,
Colorado, Indiana, Maine, Montana, North Dakota, Oregon, South Carolina, Vermont, West
Virginia, and Tennessee. Many other states have passed legislation authorizing the
cultivation of industrial hemp for pilot projects or studies, including: Connecticut, Delaware,
Hawaii, Illinois, Kentucky, Nebraska, and Utah. Additionally, the National Association of
State Departments of Agriculture and the National Conference of State Legislatures have
both adopted resolutions supporting revisions to the federal rules and regulations authorizing
commercial production of industrial hemp.
Industrial Hemp Cultivars.
There are hundreds of industrial hemp cultivars that have been developed over many
centuries of hemp cultivation worldwide. "Cultivar" is a botanical term used to describe a
variation of the Cannabis plant that has been developed through cultivation by selective
breeding. Many of the countries that produce industrial hemp have developed their own
cultivars designed to maximize specific, desirable plant traits related to local growing
conditions and/or the specific industrial or agricultural uses intended for the crop. In most
countries, industrial hemp cultivars are limited to a maximum THC content of 0.3 percent,
although some countries set the standard as low as 0.2 percent or as high as 1 percent. In
addition, some cultivars result in plants with a very stable and predictable THC content,
whereas other cultivars may have a more variable THC content. Accordingly, many
countries impose THC testing requirements upon specified cultivars.
–––––––––––––––––––––––––––––––––
Summary of Amended Bill:
Overview of the Act.
The act legalizes the agricultural production of industrial hemp and designates it as an
agricultural product that may be produced, processed, and commercially traded pursuant to
specified regulatory requirements. Industrial hemp cultivation is regulated by the
House Bill Report SSB 5012- 3 -
Planning Commission Meeting 04/15/2015 Page 20 of 25
Department of Agriculture (Department), which is granted broad rule-making authority as
necessary to implement the provisions of the regulatory scheme.
"Industrial hemp" is defined as all parts and varieties of the Cannabis plant, whether growing
or not, that contain a THC concentration of 0.3 percent or less by weight and are cultivated or
possessed by a licensed grower in compliance with the act. The definition allows the 0.3
percent THC concentration limit to be exceeded in industrial Cannabis seeds used for
licensed industrial hemp research.
The Department is authorized to issue licenses to qualified growers permitting them to
cultivate industrial hemp. The license authorizes the grower to produce industrial hemp at a
specified site, or sites, as identified in the license. The license is valid for 36 months and
may be renewed. The licensing fee is $30 per acre of land under cultivation for the first
growing season, and thereafter the fee is determined by the Department by rule. Fee revenue
must be deposited in an "industrial hemp account," which may be used only to defray costs
associated with the regulation of industrial hemp production.
The Department is granted the power and authority to:
promulgate the administrative rules necessary to regulate the industry;
investigate a grower's compliance with legal requirements;
gain access to a grower's property and buildings;
take and test samples of a crop;
access a grower's agricultural records; and
impose sanctions on a grower for licensing and regulatory violations.
After the third growing season, the Department must report to the Legislature regarding the
fee amount, total acreage in production, and total revenues generated from industrial hemp.
The Department must also report annually to the Legislature regarding the implementation of
the act and other related topics.
Licensing Requirements and Provisions.
In order to obtain a license, the applicant must meet specified qualifications showing that he
or she is capable of growing industrial hemp and can ensure its safe production. To qualify,
the prospective licensee must:
prove his or her ability to secure all industrial hemp seed needed for planting;
ensure the integrity of the crop while it is in the field;
provide the Department with notice of the locations of all industrial hemp fields;
agree to inspections of property, buildings, and records as required by the
Department;
maintain all production records for at least three years; and
erect signs identifying the crop as industrial hemp and which meet other specified
requirements.
The Department may deny, suspend, revoke, or refuse to renew a grower's license for false or
misleading statements or other violations of regulatory requirements.
Amendment of the State Controlled Substances Act.
House Bill Report SSB 5012- 4 -
Planning Commission Meeting 04/15/2015 Page 21 of 25
Industrial hemp plants and seeds are exempted from the definition of "marijuana" under the
Control Substances Act (CSA). In addition, the CSA is amended so as to legalize the
production and possession of industrial hemp by exempting it from regulation as a controlled
substance.
Approval and Regulation of Industrial Hemp Cultivars.
The various types of industrial hemp cultivars that may be produced by a grower are subject
to regulation by the Department. A "cultivar" is defined as a variation of the Cannabis plant
that has been developed through cultivation by selective breeding. The industrial hemp
cultivars authorized for production under the act must be propagated through certified,
conventionally bred pedigreed seeds as determined by the Department through its rule-
making authority. Except when grown by an accredited agricultural research institution or by
a registered seed breeder developing a new Washington seed cultivar, industrial hemp must
be grown only from seed types identified on a list of approved seed cultivars established
either by statute or by the Department by rule. The act contains a list of approved seed
cultivars consisting of varieties currently approved in Canada and in many other countries,
some of which require regular THC testing and others do not. In addition, the Department is
granted broad authority to approve the use of other types of seed cultivars in the future.
Testing of Industrial Hemp Plants and Seeds.
For those cultivars requiring THC testing, industrial hemp growers are required to annually
submit plant samples to an independent, Department-certified testing laboratory for the
testing of THC levels. The annual test results must be retained by the grower for a period of
three years. The costs of the testing must be borne by the producer, and the test results must
be provided to the Department by either the laboratory or the grower, or both, at the request
of the Department. The Department has discretionary authority to require random testing at
any time.
The Department is also granted general regulatory authority regarding the industrial hemp
seeds used by licensed growers. Pursuant to this authority, the Department may sample,
inspect, and test the seeds used by growers.
Rule-Making Regarding Cross-Pollination Issues.
The Department and the Liquor Control Board (LCB) are required to collaborate in the
development of rules addressing the prevention of cross-pollination between industrial hemp
plants and marijuana plants.
Industrial Hemp Account.
The act creates a dedicated industrial hemp account in the State Treasury, consisting of all
moneys received by the Department from industrial hemp-related regulatory activities.
Expenditures from the account by the Department may only be used to implement the
provisions of the act and to defray the costs of regulatory activities and expenditures.
Washington State University Research Project.
The Washington State University is authorized to undertake wide-ranging research regarding
the feasibility and desirability of industrial hemp production and marketing in this state.
Such research must include the study of issues related to the potential for cross-pollination
between industrial hemp and marijuana plants. The research is subject to specified
House Bill Report SSB 5012- 5 -
Planning Commission Meeting 04/15/2015 Page 22 of 25
guidelines and must include the review of information gathered from agricultural and
scientific literature and the examination of the practices of other states and countries
regarding the marketing of industrial hemp. The Washington State University must report its
findings and recommendations to the Legislature by January 14, 2016.
Amended Bill Compared to Substitute Bill:
The amendment makes the following changes to the substitute bill:
designates industrial hemp as an agricultural product that may be legally grown,
possessed, and commercially traded;
legalizes industrial hemp by removing it from coverage under the state Controlled
Substances Act;
authorizes the Washington State Department of Agriculture (WSDA) to issue licenses
for the growing of industrial hemp and to regulate the industrial hemp industry;
creates standards and requirements that a grower must meet in order to be an
industrial hemp grower;
imposes a fee on growers to cover regulatory costs;
creates a dedicated industrial hemp account consisting of all moneys received from
industrial hemp-related activities and requires that the account be used by the WSDA
only to defray the costs of regulatory activities and expenditures;
authorizes Washington State University to undertake research regarding industrial
hemp production;
requires the WSDA and the Liquor Control Board to each adopt rules addressing the
prevention of cross-pollination between industrial hemp plants and marijuana plants;
identifies specific varieties of industrial hemp that are pre-approved for cultivation
and establishes a process for WSDA approval of additional varieties; and
establishes regulations designed to ensure that the THC content of industrial hemp
grown in this state is consistent with international standards.
–––––––––––––––––––––––––––––––––
Appropriation: None.
Fiscal Note: Available.
Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of the
session in which the bill is passed.
Staff Summary of Public Testimony:
(In support) This is good legislation that must be enacted. Legalizing industrial hemp
production will greatly benefit farmers, create jobs, and provide economic benefits to the
state. Other states are moving forward with industrial hemp production and, if it is not
legalized here soon, Washington farmers will be at a competitive disadvantage. Delay will
only hurt the farmers in this state. Hundreds of useful, and profitable, products can be made
from industrial hemp, and we should be involved in the industry. Prior to industrial hemp
being outlawed, Washington used to be one of the national leaders in hemp production.
Obtaining seeds is currently a big legal problem, and the striking amendment must be passed
House Bill Report SSB 5012- 6 -
Planning Commission Meeting 04/15/2015 Page 23 of 25
in order for growers to get seed import permits from the federal Drug Enforcement Agency.
In order to simplify the regulatory role of the state Department of Agriculture, private labs
should be employed for crop- and seed-testing purposes.
(Neutral) The state Department of Agriculture would support the striking amendment,
provided some amendatory changes are made. The fiscal note is indeterminate, insofar as it
is difficult to estimate how many acres of industrial hemp will be cultivated if the bill is
passed.
(Opposed) There is no reason to subject industrial hemp cultivation to this level of regulatory
oversight. It should be treated like any other agricultural crop. The stringent regulations in
the striking amendment will prevent many farmers from engaging in hemp cultivation.
Persons Testifying: (In support) Sandy Soderberg, Evergreen Hemp Co.; Ezra Eickmeyer, P
& E Strategic Consulting; and Steve Sarich, Washington Hemp Commission.
(Neutral) Steve Fuller, Washington State Department of Agriculture.
(Opposed) Joy Beckerman Maher, Ah Warner, and Kathleen Bohnsack, Washington Hemp
Industries Association.
Persons Signed In To Testify But Not Testifying: None.
House Bill Report SSB 5012- 7 -
Planning Commission Meeting 04/15/2015 Page 24 of 25
10 Old State Hwy, Quilcene, WA 98376 360.531.4579 info@midori-farm.com
04/08/15
Dear Board of County Commissioners,
I am writing in regards to the new language regarding agricultural “permanent and temporary growing
structures on Rural Residential lands” that the county is considering putting into code.
Some of the best and most productive agricultural land in Jefferson County is zoned Rural Residential.
Due to the high cost of land in Jefferson County and the lack of well drained land zoned Agricultural,
many farms operate on smaller parcels of land that are zoned Rural Residential. Changing the laws
regarding what agricultural producers can and cannot do on their land would have an immediate
negative impact on economic development in Jefferson County.
Farming is one of the growing industries in our county. Limiting the ability of agricultural producers to
construct AG buildings and temporary growing structures needed for successful growing in our climate,
would dampen, if not completely stifle any innovation in food production for our county. My
business, Midori Farm, grows vegetables and garden seedlings on land zoned Rural Residential. We
depend on our temporary growing structures for the success of our business. Last year we spent over
75,000 dollars of our farm operating expenses within in Jefferson County. I am sure other farms are
contributing a similar amount to the local economy.
Farming is an unbelievably challenging and important profession and I believe that the County
Commissioners should be doing everything in their ability to help and assist the growth of this industry
in Jefferson County. Please consider this before making any new regulations that will be hard to undo in
the future when it becomes even more of a necessity for us to produce food locally.
Sincerely,
Marko Colby
Co-Owner, Midori Farm
Quilcene, WA
Planning Commission Meeting 04/15/2015 Page 25 of 25