12A.20.100 - Opening or consuming marijuana products in public
A. It is unlawful to open a package containing or consume marijuana, useable marijuana, marijuana-infused products, or marijuana concentrates, reasonably identifiable by sight or smell as marijuana or a product derived from marijuana, in view of the general public or in a public place. A person who violates this section is guilty of a class 3 civil infraction under chapter 7.80 RCW. The penalty shall be set by Municipal Court local rule and be consistent with the penalty for public consumption of alcohol.
B. For purposes of this Section 12A.20.100:
"Marijuana" 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. "Marijuana" 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.
"Marijuana concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than 60 percent.
"Marijuana-infused products" means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than 60 percent, but does not include either useable marijuana or marijuana concentrates.
"Public place" means and includes any street or alley in the City, or state or county highway or road; any building or grounds used for school purposes; any public dance hall or grounds adjacent thereto; any part of an establishment where beer may be sold under Title 66 RCW, soft-drink establishment, public building, public meeting hall, lobby, hall, or dining room of any hotel, restaurant, theater, store, garage or filling station which is open to and is generally used by the public and to which the public is permitted to have unrestricted access; any railroad train, stage or other public conveyance of any kind or character, and any depot or waiting room used in conjunction therewith that is open to unrestricted use and access by the public; any publicly owned bathing beach, park or playground; and any other place of like or similar nature to which the general public has unrestricted right of access, and that is generally used by the public.
"THC concentration" means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.
"Useable marijuana" means dried marijuana flowers but does not include either marijuana-infused products or marijuana concentrates.
(Ord. 124949, § 9, 2015; Ord. 124684, § 21, 2015; Ord. 124393, § 1, 2013)
