Clark County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Clark County?

Yes. Although both medical and recreational use of marijuana is legal in Clark County based on the approval of I-692 and I-502 in the state of Washington, home cultivation of cannabis is only allowed for those with medical cannabis authorization. This means that the state strictly prohibits cannabis cultivation for recreational use or sale.

According to RCW 69.51A.260, a maximum of four cannabis plants may be grown by authorized qualifying patients. Moreover, qualifying patients registered in the Medical Cannabis Authorization Database and having a recognition card may grow from four to fifteen plants, depending on the recommendation of their attending physician. Outdoor cultivation is strictly prohibited, and plants may only be grown within the qualifying patient’s property away from public view.

Aside from home cultivation by authorized qualifying patients, marijuana producers are also licensed by the Washington State Liquor and Cannabis Board (WSLCB) to grow and sell wholesale marijuana to marijuana processors and other marijuana producers. In Clark County, land use approval and building permits are also required aside from the WSLCB license.

Is Cannabis Manufacturing Legal in Clark County?

Yes. The WSLCB licenses marijuana processors to operate in the state of Washington. These facilities turn marijuana into consumable items by processing, drying, curing, packaging, and labeling them. They also process and sell wholesale cannabis concentrates and cannabis-infused products to cannabis processors and retailers. Cannabis facilities should be at least 1,000 feet away from the following entities: elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or any game arcade where entry is not restricted to persons aged 21 or older.

In Clark County, marijuana processors may be classified as either Processor I or Processor II:

• Processor I - operations are limited to drying, curing, trimming, and packaging

• Processor II - in addition to drying, curing, trimming, and packaging, operations include extracting concentrates, infusing products, or the mechanical and chemical processing of marijuana

Both marijuana processors are allowed on legal properties zoned IL, IH, and BP. Additionally, Processor I facilities are permitted to operate on properties of at least 5 acres in size zoned AG-20 and FR-40 exclusively as an adjunct to approved production facilities.

Is Cannabis Retail Legal in Clark County?

Yes. Clark County defines marijuana retailers as facilities licensed by WSLCB to sell consumable marijuana and marijuana-infused products. Recreational and medical marijuana products are not differentiated under Washington legislation. However, products that adhere to Department of Health (DOH) guidelines have undergone more rigorous testing and may provide patients with more benefits. These products may be identified with the three special logos on their packaging.

Retail stores in the state sell flowers, pre-rolls, vaporizers, concentrates, edibles, tinctures, topicals, cannabidiol, and accessories. In Clark County, retail stores are required to follow the following standards under Interim Ordinance No. 2020-05-03:

• Only two signages identifying the retailer’s business or trade name with a maximum size of 1,600 square inches may be displayed outside the facility

• Operating hours may only be from 8:00 AM to 11:00 PM

• Security measures should adhere to WAC 314-55-083 at minimum

• Should be located in legal properties zoned GC and CC and at least 500 feet away from recreation centers or facilities, child care centers, public parks, public transit centers, libraries, or any game arcade where entry is not restricted to persons aged 21 or older, and religious facilities

Adults aged 21 or older are allowed to purchase marijuana products from retailers. They may purchase at maximum any combination of these:

• one ounce of consumable cannabis

• 16 ounces of solid cannabis-infused product

• 72 ounces of liquid cannabis-infused product

• seven grams of concentrate

Qualified medical marijuana patients and their designated providers are also allowed to purchase marijuana products in the state. They may either be recognition card holders or non-recognition card holders. Recognition card holders are allowed to purchase any combination of:

• 3 ounces of consumable cannabis

• 48 ounces of solid cannabis-infused product

• 267 ounces of liquid cannabis-infused product

• 21 grams of concentrate.

On the other hand, non-recognition card holders are only allowed to purchase the amounts allowed for adults aged 21 or older, as listed above.

Anyone who purchases marijuana products is required to present a valid identification card to verify their age.

Is Cannabis Delivery Legal in Clark County?

No. Cannabis delivery is illegal in the entire state of Washington, including Clark County. Under RCW 69.50.382, all licensed cannabis producers, processors, researchers, retailers, or their employees are only allowed to deliver cannabis products between licensed cannabis businesses located within the state but not to consumers.

How to Get Medical Marijuana Card in Clark County

In order to obtain a medical marijuana card in Clark County, a patient should first be given medical cannabis authorization by a physician. The authorization may only be issued if the patient has any of the following qualifying conditions:

• Cancer, HIV, multiple sclerosis, seizure or spasticity disorders

• Chronic renal failure requiring hemodialysis

• Posttraumatic stress disorder

• Traumatic brain injury

• Any of the following medical conditions unrelieved by standard medical treatments: intractable pain, glaucoma, Crohn's disease with debilitating symptoms, Hepatitis C with debilitating nausea or intractable pain, and diseases including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity

The patient may then schedule an appointment with a medically-endorsed retail store for them to be registered into the medical marijuana database and be issued a Medical Marijuana Recognition Card. However, registration is only required for minor patients and their designated providers. Adults aged 21 or older who opt not to continue with the registration and only have the medical cannabis authorization will have fewer benefits than those registered in the database.

For more information regarding medical marijuana, the Washington State Department of Health may be reached through email (MedicalMarijuana@doh.wa.gov) or via phone at 360-236-4819.

How Has Cannabis Legalization Impacted the Economy of Clark County?

The state of Washington collects licensing fees and taxes on marijuana sales. A 37% excise tax is imposed on all marijuana products and is collected by the WSLCB. All collections are then allocated for state spending in accordance with RCW 69.50.540. In Clark County, retail marijuana sales grew from $24,732.26 in 2015 to $74,271.98 in 2020.

In the fiscal year of 2021, the state collected a total of $559.5 million in legal marijuana sales and licensing fees. This figure is $85.6 million more compared to the previous fiscal year. The majority of the revenue collected from the fiscal years 2015 to 2021 was allocated to basic health, which aims to provide necessary basic health care services to working persons and others who lack coverage.

The Effects of Cannabis Legalization on Crime Rates in Clark County

Since the legalization of medical marijuana in 1998 and recreational marijuana in 2012, data show that marijuana-related crime lab cases have decreased significantly and consistently across the state. Based on the report of Clark County Sheriff’s Office in the FBI Crime Data Explorer, arrests for marijuana possession offenses in the county declined from 12 in 2015 to 7 in 2020, while arrests for marijuana sales offenses remained at zero.