(a) Any person 21 years of age or older cannot possess more than one ounce of usable marijuana, 16 ounces of marijuana-infused products in solid form, 72 ounces of marijuana- infused products in liquid form, or seven grams of marijuana concentrate. Any marijuana, marijuana-infused solids, or marijuana-infused liquids must be acquired legally through a source licensed by Washington State and located off of the Cowlitz Reservation. Any person who possesses marijuana or marijuana-infused products or concentrates in excess of the foregoing limits, or any person under the age of 21 years who possesses marijuana or marijuana-infused products or concentrates in any amount, may be prosecuted for marijuana offenses as defined by subsection (1) of this section.

(b) Production, Distribution and Sales Prohibited. It shall be unlawful for any person to grow, produce, process, distribute or sell marijuana or marijuana-infused liquids or solids or concentrate on the Cowlitz Reservation, whether or not such person is a qualifying patient or designated provider as defined in Washington State law. A person cannot obtain a Cowlitz Tribal business license to be a “marijuana processor” (a person who processes marijuana into usable marijuana products, including packaging, labeling and distributing); “marijuana producer” (person who grows, creates marijuana-infused products or sells marijuana wholesale to marijuana processors); or a “marijuana retailer” (person who sells usable marijuana or marijuana-infused products in a retail outlet). Having a State license for any of the above prohibited activities shall not be a defense to prosecution. Any person who manufactures, cultivates, delivers, or possesses with intent to manufacture or deliver marijuana, marijuana-infused products, or marijuana concentrates may be prosecuted in accordance with this chapter.

(c) A person cannot use marijuana in any public place or possess marijuana within public view on the Cowlitz Reservation. Public view includes, but is not limited to, carrying marijuana in an open shirt pocket, an open purse, on the body of a person in a manner that is visible to the public, etc. Public places include, but are not limited to, schools, Tribal parking lots, Tribal government vehicles, Tribal businesses and enterprises, Tribal governmental offices, and Tribal medical clinics. Violation of this subsection shall be a Class B offense.

(d) Subsection (2)(a) of this section shall be construed narrowly to preclude criminal and civil penalties under Cowlitz Tribal law only for the possession of the specified amounts of marijuana or marijuana-infused products acquired from a State-licensed source, and shall not preclude arrest or conviction for any other crimes, offenses or infractions. For any charge arising from driving or physical control of a vehicle while under the influence of marijuana, liability may be established by showing that the defendant was under the influence of or affected by marijuana (alone or in combination with other drugs or alcohol) at the time of the offense, or that the defendant had, within two hours after driving or physical control of a vehicle, a THC concentration of 5.00 nanograms per milliliter of whole blood.

(e) A person cannot use marijuana in any vehicle, or keep marijuana in any vehicle unless it is in the trunk of the vehicle or other area of the vehicle not normally occupied or directly accessible by the driver or passengers, or in a package, container, or receptacle that has not been opened or the seal broken or the contents partially removed. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.

(f) Nothing in this chapter shall modify or supersede the criminal laws of the United States government pertaining to controlled substances.