A medical marijuana drop-off location near Mullenix Road and Highway 16 does not comply with Kitsap County zoning codes, according to an interpretation of county code by Jeffrey Rowe, deputy director of the department of community development.
According to the interpretation, posted on the county’s website, a marijuana drop-off operation located on Mullenix Road and state Route 16 is not compatible with the rural industrial zone it’s located in. The interpretation states it relates to land use under county regulations and does not address legality under state or federal law.
The rural industrial zone, according to county code, “provides for small-scale light industrial, light manufacturing, recycling, mineral processing, and resource-based goods production uses that are compatible with rural character and do not require an urban level of utilities and services.”
The county repotedly has noted that the activity at the drop-off location consists of delivering marijuana prepared for medical marijuana, and qualified medical marijuana patients picking up the marijuana, “either for compensation, barter or trade, but not necessarily requiring compensation, barter or trade at the location of the pick-up.” The county also notes that the people engaged in the use claim their activity complies with the collective garden provisions of the state’s medical marijuana law.
According to the interpretation, the director of community development finds that “the proposed use is not specifically listed in the zoning tables” of the county code, and “constitutes an unclassified use” pursuant to the code. In reviewing the factors listed in the code, “the Director is unable to find that the use is similar to any use allowed in the Rural Industrial zone. The use is thus prohibited in the Rural Industrial zone.”
The decision may be appealed within 14 days of the mailing date. The interpretation is dated June 18.