AN ACT Relating to marijuana clubs; amending RCW 69.50.465; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1.  RCW 69.50.465 and 2015 2nd sp.s. c 4 s 1401 are each amended to read as follows:

(1) Except as provided in subsection (4) of this section, it is unlawful for any person to conduct or maintain a marijuana club by himself or herself or by associating with others, or in any manner aid, assist, or abet in conducting or maintaining a marijuana club.

(2) Except as provided in subsection (4) of this section, it is unlawful for any person to conduct or maintain a public place where marijuana is held or stored, except as provided for a licensee under this chapter, or consumption of marijuana is permitted.

(3) Any person who violates this section is guilty of a ((class C felony)) gross misdemeanor punishable under chapter 9A.20 RCW.

(4) Notwithstanding this section, cities, towns, and counties may license and regulate marijuana use locations within their jurisdictions where consumption of marijuana is permitted. Any such licenses and regulations must prohibit the entry of persons under the age of twenty-one to marijuana use locations and must ensure that such locations comply with all other applicable provisions of state law. A person who conducts or maintains a marijuana use location does not violate this section if the marijuana use location has such a local license and operates pursuant to that local license.

(5) The following definitions apply throughout this section unless the context clearly requires otherwise.

(a) "Marijuana club" means a club, association, or other business, for profit or otherwise, that conducts or maintains a premises for the primary or incidental purpose of providing a location where members or other persons may keep or consume marijuana on the premises.

(b) "Public place" means, in addition to the definition provided in RCW 66.04.010, any place to which admission is charged or for which any pecuniary gain is realized by the owner or operator of such place.

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