wa-law.org > bill > 2023-24 > HB 1650 > Original Bill
Beginning July 1, 2027, a city, town, or county may prohibit the siting or operation of any business or facility to be used for the retail sale of cannabis products under this chapter only if:
The city, town, or county initiates an ordinance by submitting a ballot proposition at a general election prohibiting the siting or operation of any business or facility to be used for the retail sale of cannabis under this chapter;
A majority of the voters of the county, city, or town voting in the election approve the prohibition; and
The election is held on a date after July 1, 2023.
A prohibition takes effect on the date specified in the ballot proposition. If no effective date is specified in the ballot proposition, the prohibition takes effect on a date specified by the legislative authority that must be at least 30 days and no later than 60 days after the election.
With respect to a county enacting an ordinance, the ordinance may apply only to unincorporated areas of the county. No voters within the boundaries of an incorporated city or town may participate in a county election under this section.
Nothing in this section may be construed to extend powers to cities, towns, or counties beyond the power to prohibit the siting or operation of a business or facility to be used for the sale of cannabis.
Except as provided in section 1 of this act and in subsections (2) through (4) of this section, the state of Washington has sole authority to regulate cannabis retailers licensed under this chapter and counties, cities, and towns are preempted from engaging in the regulation of cannabis retailers.
Cities, towns, and counties retain their existing zoning authority regarding the siting of cannabis retailers.
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Except as provided in section 1 of this act and in (b) of this subsection, counties, cities, and towns may not enact any ordinance, regulation, or land use plan that has the effect of precluding the siting or operation of cannabis retailers within their jurisdictional boundaries.
A city, town, or county that prohibits the siting and operation of any retail business within its jurisdictional boundaries may enact an ordinance or regulation that precludes the siting and operation of state cannabis businesses.
Nothing in this section may be construed to prevent a city, town, or county from applying ordinances of general application to cannabis businesses.
Following the passage of an ordinance under section 1 of this act, the board may not issue a license under RCW 69.50.325(3) for the retail sale of cannabis with respect to a business that is either located or proposed to be located within an area subject to the ordinance.
6.This section does not extend powers to cities, towns, or counties beyond the power to prohibit the siting or operation of a business or facility to be used for the sale of cannabis.
A county may enact an ordinance prohibiting the siting or operation of any retail cannabis business or activity within its jurisdictional boundaries if the ordinance is enacted in accordance with the requirements of section 1 of this act.
A city or town may enact an ordinance prohibiting the siting or operation of any retail cannabis business or activity within its jurisdictional boundaries if the ordinance is enacted in accordance with the requirements of section 1 of this act.
A code city may enact an ordinance prohibiting the siting or operation of any retail cannabis business or activity within its jurisdictional boundaries if the ordinance is enacted in accordance with the requirements of section 1 of this act.
(1) For Except as provided in subsection (4) of this section, for the purposes of this subsection (1), the legislature must appropriate the amounts provided in this subsection: