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<br /> 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 69.51A.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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