[Ord. No. 3271, 6-6-2022]
All definitions shall be the same as those in the Missouri State Constitution or State law and the ordinances of St. Ann, unless otherwise stated herein. For the purpose of this Chapter, the term "directly" shall mean the shortest possible practicable route from the medical marijuana facility to the permitted destination or destinations, without any voluntary detours or additional stops.
[Ord. No. 3271, 6-6-2022]
Medical marijuana businesses shall be required to have a City business license but shall not be required to have any other City issued license to operate.
[Ord. No. 3271, 6-6-2022]
No person shall possess marijuana within the City, except:
A. 
A qualified patient for the patient's own personal use, in an amount no larger than the law allows; or
B. 
A caretaker of a qualified patient, or patients, but only when transporting the medical marijuana to a qualified patient or when accompanying patient or patients; or
C. 
An owner or an employee of a medical marijuana facility within the enclosed building licensed as such, or when delivering directly to a qualified patient's or caretaker's residence or another medical marijuana facility.
[Ord. No. 3271, 6-6-2022]
A. 
Medical marijuana dispensaries shall not be open to the public or make any sales between the hours of 10:00 P.M. and 8:00 A.M.
B. 
No medical marijuana, of any type, may be consumed on the premises of a medical marijuana dispensary, nor shall the licensee permit such consumption.
C. 
Any medical marijuana dispensary shall require any customer to display the customer's permit card from the Department of Health and Senior Services or other proof of eligibility at the time of each purchase.
D. 
No person under the age of eighteen (18) years old shall be allowed into a medical marijuana dispensary; except that a qualifying patient who is under the age of eighteen (18) years but who has been emancipated by a court order and a qualifying patient, under the age of eighteen (18) years when accompanied by the qualifying patient's parent or guardian.
E. 
A medical marijuana dispensary shall have displayed its State-issued license, visible to the public, at all times.
F. 
No medical marijuana dispensary shall emit any odor of marijuana which is capable of being smelled by a person of ordinary senses outside of the boundary of the lot on which the facility is located.
G. 
Each medical marijuana dispensary shall be operated from a permanent and fixed location. No medical marijuana dispensary shall be permitted to operate from a moveable, mobile, or transitory location. This Subsection shall not prevent the physical delivery of medical marijuana to a patient or the patient's primary caregiver at a location off of the premises of the permittee's medical marijuana dispensary, to the extent so allowed by law, if:
1. 
The marijuana was lawfully purchased by the patient or the patient's primary caregiver from the permittee's medical marijuana dispensary;
2. 
The marijuana is delivered only to the patient or the patient's primary caregiver;
3. 
The marijuana is delivered only by the permittee or an employee of the permittee;
4. 
The marijuana is delivered only to a location within the City; and
5. 
The marijuana is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation; marijuana may not be delivered by drone or any remotely operated vehicle, or by any self-navigating vehicle unless a human occupies such self-navigating vehicle.
H. 
Devices, contrivances, instruments, and paraphernalia for inhaling or otherwise consuming marijuana including, but not limited to, rolling papers and related tools, water pipes, and vaporizers may lawfully be sold at a medical marijuana dispensary. Such items may be sold or provided only to patients or primary caregivers.
I. 
A dispensary shall provide adequate security on the premises of a medical marijuana dispensary, including, but not limited to, the following:
1. 
Security surveillance cameras installed to monitor the main entrance along with the interior and exterior of the premises to discourage and to facilitate the reporting of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least seventy-two (72) hours by the permittee;
2. 
Robbery and burglary alarm systems which are professionally monitored and maintained in good working conditions;
3. 
A locking safe permanently affixed to the premises that is suitable for storage of all of the saleable inventory of marijuana if marijuana is to be stored overnight on the premises; and
4. 
Exterior lighting that illuminates the exterior walls of the business and is compliant with the City Code.
J. 
No dispensary shall be located within one thousand (1,000) feet of a church, elementary or secondary school or child day-care business, nor within one thousand (1,000) feet of another such dispensary.
K. 
A dispensary shall only be located in commercial districts C-1 and C-2 of the City.
[Ord. No. 3271, 6-6-2022]
No person shall dispose of marijuana or marijuana-infused products in an unsecured waste receptacle not in possession and control of the licensee and designed to prohibit unauthorized access.
[Ord. No. 3271, 6-6-2022]
To the extent allowed by State law, marijuana for medicinal purposes may be cultivated in a residential structure, provided:
A. 
The structure is the primary residence of a primary caregiver or qualifying patient and the marijuana is grown solely for the use of the qualifying patient who resides there or who is under the care of the primary caretaker.
B. 
The residence has operating systems to ensure that the emission of fumes or vapors connected with the cultivation are not allowed out of the building or, if the residence is in a multifamily building, that such fumes and vapors are not allowed into any other residence.
C. 
The cultivation must comply with the security and other requirements of State law and the rules of the Division of Health and Senior Services.
D. 
The resident has notified the City Clerk, including providing proof of eligibility, on a form provide by the City Clerk, so that law enforcement and code officials will be aware that the cultivation is lawfully taking place.
[Ord. No. 3271, 6-6-2022]
Qualified patients may dispense medical marijuana in their private residence, or in the residence of another with permission, but may not dispense or smoke marijuana in such a manner that the marijuana smoke or odor exits the residence. In a multifamily or similar dwelling, medical marijuana may not be dispensed or consumed in any common area.