Licensed cultivation of cannabis for medical and recreational purposes in Cowlitz County is legal. Initiative 692 (I-692) legalized medical cannabis in the State of Washington in 1998, with additional amendments enhancing it. Initiative 502 (I-502) legalized in 2012 the recreational use of cannabis by individuals who are 21 years old and older. The Cannabis Patient Protection Act (SB 5052) and the Marijuana Taxation Reform Act (HB 2136) were passed in 2015, aligning the regulations for medical and recreational cannabis in the state.
The restrictions regarding medical and recreational cannabis are codified in the Revised Code of Washington (RCW) Chapter 69.51A and RCW 69.50. Both medical and recreational cannabis companies are regulated and licensed by the Washington State Liquor and Cannabis Board (WSLCB). The Washington State Department of Health (DOH) is in charge of medical cannabis authorizations, the registration of patients and caregivers, and the registry database.
A cannabis medical or recreational cultivation enterprise needs to be issued a cannabis producer license by the WSLCB in order to operate in Cowlitz County. However, the application period came to an end on December 18, 2013.
Cowlitz County Code 18.76.060 or the Cowlitz County Recreational Marijuana Code allows cannabis producer licensee facilities only in specific zoning districts in unincorporated areas of the county, with particular reviews needed. Tier 1 producers are allowed in urban, rural, industrial, agricultural, and remote districts after an administrative review. Tier 2 producers need an administrative review to be located in the industrial district and a special use review to be located in the urban, rural, agricultural, and remote districts. Tier 3 producers are not allowed in agricultural and remote districts. They need an administrative review to be located in the industrial district and a special use review to be located in the urban and rural districts.
Cannabis cultivation in Cowlitz County is required to be indoors, with the structure fully enclosed and opaque. Greenhouses that meet these requirements are acceptable.
The following regulations apply to all recreational marijuana businesses that intend to operate or are operating in Cowlitz County, including recreational cannabis cultivation companies:
Home cultivation of cannabis is allowed in the State of Washington for holders of the Washington State medical marijuana authorization form and medical cannabis cardholders. Holders of the authorization form are permitted to cultivate a maximum of four medical cannabis plants at their respective residences. Medical cannabis cardholders may cultivate a maximum of 15 medical cannabis plants in one residence provided they have a physician’s recommendation that indicates on their card the specific number of plants they are permitted to grow. Home growing of cannabis must also be shielded from the sight of the public.
Licensed manufacturing of medical and recreational cannabis products in Cowlitz County is legal according to the Cannabis Patient Protection Act and Marijuana Taxation Reform Act of the State of Washington and the Cowlitz County Recreational Marijuana Code.
A cannabis medical or recreational product manufacturing firm needs to be given a cannabis processor license by the WSLCB in order to operate in Cowlitz County. However, applications for the WSLCB cannabis processor license, like the cannabis producer license, were closed as of August 2023.
In unincorporated areas of the county, Cowlitz County Code 18.76.060 allows Type 1 cannabis processor licensee facilities in the urban, rural, and remote districts after an administrative review, and in the agricultural district after a special use review. Type 2 cannabis processor licensee facilities are prohibited in agricultural and remote districts. To be located in the industrial district, they need an administrative review and to be located in the urban and rural districts, they need a special use review. All regulations that apply to cannabis producer applicants and licensees also apply to cannabis processor applicants and licensees.
Licensed retail selling of medical and recreational cannabis and cannabis products in Cowlitz County is legal under the State of Washington’s Cannabis Patient Protection Act and Marijuana Taxation Reform Act, and the Cowlitz County Recreational Marijuana Code.
A WSLCB cannabis retailer license is necessary for a recreational cannabis retail enterprise in Cowlitz County to be allowed to sell recreational cannabis and recreational cannabis products to individuals who are 21 years old and above. The medical cannabis endorsement granted by the WSLCB is necessary to sell medical cannabis and medical cannabis products to holders of the medical marijuana authorization form or medical cannabis card. However, applications for both licenses were closed as of August 2023.
Cowlitz County Code 18.76.060 allows cannabis retailer licensee facilities in certain zoning districts of unincorporated areas of the county. They are allowed in the urban and industrial districts after an administrative review and in the rural district after a special use review. They are not allowed in agricultural and remote districts.
The rules that apply to cannabis producer and processor applicants and licensees also apply to cannabis retailer applicants and licensees. Additionally, licensed cannabis retailer facilities must have a distance of at least 300 feet from each other.
Licensed medical and recreational cannabis retailers are authorized by RCW 69.50.357, RCW 69.50.101, and RCW 69.51A.010 to offer for sale dried cannabis flowers, concentrates, various cannabis-infused products including edibles, and devices used to administer cannabis. However, cannabis and cannabis products may only contain up to 10% tetrahydrocannabinol (THC).
The purchase limit for recreational cannabis, upon presentation of a valid ID to prove age, is as follows:
The allowed quantities per purchase are higher for medical cannabis cardholders, as follows:
The delivery of medical and recreational cannabis and cannabis products in Cowlitz County even by licensed medical and recreational cannabis retailer licensees is not allowed by the Cannabis Patient Protection Act and Marijuana Taxation Reform Act, as well as RCW 69.51A and RCW 69.50 of the State of Washington.
Meanwhile, licensed cannabis businesses are authorized by RCW 69.50.382 to deliver medical and recreational cannabis and cannabis products to each other.
Registration in the Medical Cannabis Authorization Database of the State of Washington is required in order for residents of Cowlitz County to get a medical cannabis card. Once a patient is diagnosed with one of the following qualifying illnesses, the healthcare practitioner may issue a medical marijuana authorization form that may already be used to purchase medical cannabis and its products from licensed retailers:
The patient must take the medical marijuana authorization form to any of the eight medically endorsed retail cannabis facilities operating in Cowlitz County as of August 2023. The medical cannabis consultant of the facility will log the patient’s information on the registry and take the patient’s photo. After the patient pays a dollar, the medical cannabis card will be provided.
A designated provider may be indicated on the medical marijuana authorization form if the patient is under the age of 18 or an adult who requires help. The designated provider for minors must be their parent or legal guardian. A duplicate copy of the medical marijuana authorization form will be given to the designated provider by the health care provider. The designated provider must also get a medical cannabis card, following the same steps as the patient.
Inquiries may be channeled through the following:
Email: MedicalMarijuana@doh.wa.gov
Phone: 360-236-4819
The State of Washington levies a cannabis excise tax of 37% and the usual retail sales tax on medical and recreational cannabis and cannabis products. Exempted from the retail sales tax are the following:
Business and occupation taxes must also be paid on all sales of recreational cannabis and cannabis products.
The FY 2022 Annual Report of the WSLCB showed that $515.2 million was earned by the state that year from cannabis. Cannabis license fees contributed $4.10 million to that amount while cannabis taxes contributed $511.10 million. The state distributed $20 million from the amount to local governments, such as counties and cities.
Medical cannabis was legalized in Cowlitz County in 1998, and recreational cannabis was legalized in 2012.
Data sent by the Cowlitz County Sheriff's Office to the FBI Crime Explorer page shows that in 1997, a year before the legalization of medical cannabis, there were no marijuana possession arrests and four marijuana sales arrests.
In 1999, a year after the legalization of medical cannabis, there were no marijuana possession arrests and seven marijuana sales arrests.
In 2011, there were 17 marijuana possession arrests and one marijuana sales arrest, totaling 18 marijuana offense arrests.
In 2021, the latest data showed one marijuana possession arrest and two marijuana sales arrests, totaling three marijuana offense arrests.
The number of DUI arrests during those years was as follows: