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patient or designated provider, (2) a copy or copies of the valid documentation of the qualifying
<br />patient(s) who own or share responsibility for the garden is not available at all times on the
<br />premises, or (3) the number of plants or useable cannabis on the premises exceeds the limits set
<br />forth in RCW 69.51A.040(1)(a), RCW 69.51A.040(1)(b), or RCW 69.51A.085, or the garden is
<br />not otherwise in full compliance with RCW 69.51A.040(1)(a), RCW 69.51A.040(1)(b), or RCW
<br />69.51A.085. Cannabis garden does not include a place, area, or garden where cannabis is
<br />produced or processed if such activity is conducted pursuant to a license or permit issued by the
<br />state.
<br />C. "Collective Garden" means any place, area, or garden where qualifying patients (as
<br />defined in RCW 69.51A.010) share responsibility and engage in the production, processing,
<br />and/or delivery of cannabis for medical use, as set forth in RCW 69.51 A.085, in full compliance
<br />with all limitations and requirements set forth in RCW 69.51A.085. "Collective garden" does not
<br />include any office, meeting place, or club associated with a collective garden which is not
<br />located within the same structure as the collective garden itself. "Collective garden" does not
<br />include a garden where members are replaced in less than 15 days or membership is otherwise
<br />manipulated to allow more than 10 qualifying patients to obtain marijuana from the same or
<br />substantially the same physical location, plants, operation, or enterprise. "Collective garden"
<br />does not include any garden where the cannabis has previously been part of another collective
<br />garden or part of a cannabis garden.
<br />D. "Dispensary" means any place where cannabis is delivered, sold, or distributed or offered
<br />for delivery, sale, or distribution. Dispensary does not include a private residence where a
<br />designated provider delivers medical cannabis to his or her qualifying patient or a private
<br />residence where a member of a collective garden delivers medical cannabis to another member
<br />or the same collective garden. Dispensary does not include a collective garden, but does include
<br />any office, meeting place, club, or other place which is not located within the same structure as
<br />the collective garden itself where medical cannabis is delivered regardless of whether the
<br />delivery is made to another member of the collective garden. Dispensary does not include a place
<br />where cannabis is delivered, sold, or distributed or offered for delivery, sale, or distribution if
<br />such activity is conducted pursuant to a license or permit issued by the state.
<br />E. The definitions of "deliver" or "delivery," "dispense," "dispenser," "distribute,"
<br />"distributor," "manufacture," "person," and "production" contained in Chapter 69.50 RCW and
<br />the definitions of "designated provider," "qualifying patient," and "valid documentation"
<br />contained in Chapter 69.51A RCW are hereby incorporated by reference.
<br />Section 3. Public Nuisance.
<br />The following specific acts, omissions, places, and conditions are declared to be public nuisances
<br />per se, including, but not limited to, any one or more of the following:
<br />A. Any cannabis garden.
<br />B. Any dispensary.
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