Bellingham opted IN for licensed cannabis retail. After Washington's Initiative 502 (2012), the city adopted interim zoning regulations and later updated BMC Title 20 (Land Use Development) to allow recreational cannabis production, processing and retail in specific zones, subject to Washington State Liquor and Cannabis Board (WSLCB) licensing under Chapter 69.50 RCW. The city used the authority granted by Second Engrossed Second Substitute House Bill 2136 (codified in RCW 69.50.331(8)) to reduce the 1,000-foot sensitive-use buffer to 100 feet for marijuana applicants with vested building permit applications, except for elementary schools, secondary schools, and playgrounds where the 1,000-foot buffer remains.
Under Washington's Initiative 502 (Chapter 69.50 RCW), cities and counties may opt out of recreational cannabis siting under RCW 69.50.331, but Bellingham elected the opposite course. Bellingham Ordinance 2016-08-025 adopted and renewed interim zoning regulations on the production, processing, and retailing of recreational and medical cannabis, declaring the city's intent to 'allow the location and siting of structures and uses in which the production, processing, or retailing of recreational and medical marijuana may take place in limited zones of the City so that persons may apply for licenses from the Washington State Liquor and Cannabis Board.' WSLCB licensing under Chapter 69.50 RCW and WAC 314-55 is the threshold requirement. The state baseline 1,000-foot sensitive-use buffer under RCW 69.50.331(8) prevents the WSLCB from issuing a license to any marijuana business within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or game arcade where minors are not restricted. After Second Engrossed Second Substitute House Bill 2136 (Part III Section 3018(b)) granted local jurisdictions authority to reduce that buffer except for elementary schools, secondary schools, and playgrounds, the Bellingham City Council exercised that authority to reduce the buffer to 100 feet for marijuana applicants with vested building permit applications — opening up parcels along Samish Way and other commercial corridors. The 1,000-foot buffer remains in place for elementary schools, secondary schools, and playgrounds, which are the categories excluded from local-reduction authority by statute. Producers, processors and retailers are sited only in the commercial and industrial zones identified in BMC Title 20 use tables, and only with a WSLCB license. Whatcom County imposes separate restrictions in unincorporated areas; the city's program is a distinct jurisdiction.
Operating a cannabis business without a WSLCB license, outside a permitted Bellingham zone, or within the 1,000-foot buffer where the buffer has not been reduced (elementary/secondary schools and playgrounds) violates Chapter 69.50 RCW and BMC Title 20. The city can issue a notice and order to cease, refuse or revoke the city business license, and pursue Bellingham Municipal Court enforcement. The WSLCB can suspend or revoke the state license, impose administrative fines under WAC 314-55, and refer felony manufacture/distribution to the prosecutor under RCW 69.50.401. Operating a marijuana cooperative within 1,000 feet of a school, playground, recreation center or facility, child care center or public park is prohibited by RCW 69.51A.250 and is a per se violation.
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