[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.