Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to pass a bill that amends regulations regarding the use and taxation of recreational marijuana.

Highlights:

• Amends the levied and collected marijuana excise tax from 25 percent to 37 percent of the selling price on each retail sale of “products” (Sec. 205).
• Defines “product” as marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products (Sec. 205).
• Specifies that a tax levied does not apply to the following products effective July 1, 2016 (Sec. 207):
• Products for medical use by qualified patients;
• Products with a THC concentration of .3 percent or less;
• Products with a low THC and high CBD ration for medical purposes; and
• Products of topical, noningestible elements containing a THC concentration of .3 percent or less.
• Reduces the limits on the licensing of premises and research premises from greater than 1,000 feet to greater than 100 feet of the specified facilities with the following exceptions (Sec. 301):
• The premises of elementary schools;
• The premises of secondary schools; and
• The premises of playgrounds.
• Authorizes a city, town, or county to adopt an ordinance prohibiting a marijuana producer or processor from operating or locating a business within areas zoned primarily for residential use or rural use with a minimum lot size of 5 acres or smaller (Sec. 301).
• Prohibits a licensed retailer from operating a vending machine or a drive-through purchase facility where marijuana products are sold at retail and dispensed through a window or door to a purchaser (Sec. 1301).
• Prohibits an individual from conducting, maintaining, or aiding a “marijuana club”, and classifies a violation as a class C felony (Sec. 1401).
• Defines “marijuana club” as a club, association, or other business for profit that provides members a place to keep or consume marijuana on the premises (Sec. 1401).
• Requires the legislature to appropriate 30 percent of all marijuana excise taxes deposited into the general fund to counties, cities, and town, based on the following proportions, if marijuana excise tax collections deposited into the general fund in the prior fiscal year exceed $25 million, beginning in fiscal year 2018  (Sec. 206):
• 30 percent of appropriations distributed where licensed marijuana retailers are physically located; and
• 70 percent of appropriations to counties, cities, and towns ratably on a per capita basis with counties receiving 60 percent of the distribution based on proportional population.

Full Bill Text