[1]
Editor's Note: Former Art. XVIII, Medical Marijuana Facilities,
was repealed 8-14-2023 by Ord. No. 2023-19. Prior history includes
Ord. No. 2019-12.
[Ord. No. 2023-19, 8-14-2023]
A.
Whereas, on November 6, 2018, the voters of the State of Missouri approved Amendment 2 adding a new Article XIV, Section 1, to the Missouri Constitution entitled, "Right to Access Medical Marijuana"; and
B.
Whereas, on November 8, 2022, the voters of the State of Missouri approved Amendment 3 to the Missouri Constitution revising Article XIV, Section 1, and adding a new Section 2 entitled, "Marijuana Legalization, Regulation, and Taxation" ("Amendment 3"); and
C.
Whereas, despite Amendment 3, marijuana remains a "Schedule 1 Controlled
Substance" pursuant to the Controlled Substances Act of the United
States and remains illegal under Federal law; and
D.
Whereas, nothing in this Article, nor any other act, statement, or
activity of the City of Overland (the "City"), nor any officers, employees,
or agents of the City acting in a ministerial or discretionary capacity
on behalf of the City and acting in their official capacity as a City
employee, in furtherance of and in compliance with Amendment 3 and
this Article shall be interpreted as authorization for any illegal
activity, nor as any official policy of or statement by the City as
to any illegal activity under State of Federal law; and
E.
Whereas, any zoning decisions or other authorizations, including,
but not limited to, building and occupancy permits or otherwise do
not constitute an authorization by the City for any illegal activity,
nor as any official policy of or statement by the City; and
F.
Whereas, any authorization given by this Article to any individual
or legal business entity is only so given and is only so authorized
to the extent allowed by the laws and policies of the State of Missouri
and the United States of America; and
G.
Whereas, Amendment 3 allows local governments to, "enact ordinances
or regulations not in conflict" with Amendment 3, or with regulations
enacted pursuant to amendment by the State of Missouri, governing
the "time, place, and manner" of the operation of marijuana businesses
so long as those regulations are not "unduly burdensome"; and
H.
Whereas, the City has a substantial interest in protecting the public
health, safety, order, comfort, convenience, and general welfare of
the individual residents and businesses of the City; and
I.
Whereas, overarching principles of good government and proper planning
require the City to regulate marijuana businesses as allowed by Amendment
3; and
J.
Whereas, the existing Zoning Code and regulations of the City do
not provide for the location and regulation of non-medical marijuana
businesses; and
K.
Whereas, the City desires to amend its regulations for medical marijuana
land uses to comply with Amendment 3 and establish reasonable regulations
for the zoning of non-medical marijuana land uses in accordance with
Amendment 3 and any rules and regulations promulgated by the Department
of Health and Senior Services of the State of Missouri (the "Department");
and
L.
Whereas, no person, business, activity, or use that possesses, cultivates,
grows, uses, or distributes or is involved in the possession, cultivation,
growing, using, or distribution of non-medical marijuana prior to
the enactment of this Article shall be deemed to have been legally
established, and no such person, business, activity, or use shall
be entitled to claim legal, non-conforming status under any provision
of this Article or applicable law; and
M.
Whereas, nothing in this Article allows a person, business, or other
legal entity to possess, cultivate, grow, infuse, process, use, or
distribute marijuana for any purpose other than to the extent authorized
and limited by Amendment 3 and any rules and regulations regarding
marijuana issued by the Department; and
N.
Whereas, nothing in this Article allows a person, business, or other
legal entity to create, cause, engage in, or maintain a public nuisance
injurious to the public health, safety, order, comfort, convenience,
and general welfare of the residents of the City; and
O.
Whereas, the City finds this Article contains regulations which are
not unduly burdensome, which are necessary to safeguard the public
health, safety, order, comfort, convenience, and general welfare of
the residents and businesses of the City, and which are reasonable
regulations consistent with Amendment 3 regarding such things, including,
but not limited to, noise, air quality, neighborhood safety, security,
other health and safety concerns, and reasonable restrictions on the
time, place, and manner of marijuana businesses.
[Ord. No. 2023-19, 8-14-2023]
As used in this Article, the following terms shall mean:
The direct application of medical marijuana to a qualifying patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1, of the Missouri Constitution, by way of any of the following methods:
Ingestion of capsules, teas, oils, and other marijuana-infused
products;
Vaporization or smoking of dried flowers, buds, plant material,
extracts, oils, and other marijuana-infused products;
Application of ointments or balms;
Transdermal patches and suppositories;
Consuming marijuana-infused food products;
Any other method recommended by a qualifying patient's physician or nurse practitioner as authorized by Article XIV, Section 1, of the Missouri Constitution.
A permanent building, including, but not limited to, a church,
synagogue, temple, mosque, cathedral, chapel, sanctuary, or other
facility wherein persons regularly assemble for religious worship
maintained and controlled by a religious body having a principal use
of religious worship or the offering of religious services of any
denomination.
A facility licensed by the Department where cultivation operations
for medical or adult use occur. A comprehensive marijuana cultivation
facility need not segregate or account for its marijuana products
as either non-medical marijuana or medical marijuana.
A facility licensed by the Department where marijuana product is dispensed for medical or adult use. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in Article XIV and provided for by general or local law.
A facility licensed by the Department where marijuana-infused
products and prerolls are manufactured for medical or adult use. A
comprehensive marijuana-infused products manufacturing facility need
not segregate or account for its marijuana products as either non-medical
marijuana or medical marijuana.
Someone at least twenty-one (21) years of age.
As related to activity authorized pursuant to Article XIV of the Missouri Constitution and all rules and regulations issued by the Department, the process by which a person, business, or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
A child care facility, as defined by Section 210.201, RSMo.,
or successor provisions that is licensed by the State of Missouri.
The Missouri Department of Health and Senior Services, or
its successor agency.
A medical marijuana dispensary facility, a comprehensive
marijuana dispensary facility, or a microbusiness dispensary facility.
A public school as defined in Section 160.011, RSMo., or
any private school giving instruction in a grade or grades not higher
than the twelfth grade, including any property owned by the public
or private school that is regularly used for extracurricular activities,
but does not include any private school in which education is primarily
conducted in private homes.
A stationary, fully enclosed, locked space equipped with functioning
security devices that permit access to only the consumer(s), qualifying
patient(s), or primary caregiver(s) who have informed the Department
that this is the space where they will cultivate marijuana; and
The plants within the enclosed, locked facility must not be
visible to the unaided eye from a public space.
A natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited liability company, general or limited partnership,
limited liability partnership, joint venture, or any other legal entity.
The physical structure(s), including strip malls, and the
premises on which the physical structures are located which are used
by a licensed or certified entity to perform its licensed or certified
functions, whether the entity is licensed or certified as a medical
facility, research facility, or a marijuana facility.
A marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
A document, whether in paper or electronic format, issued
by the Department that authorizes a consumer cultivator, qualifying
patient, primary caregiver, or facility agent to access marijuana
as provided by law.
A consumable or smokable marijuana product, generally consisting
of: (1) a wrap or paper; (2) dried flower, buds, and/or plant material;
and (3) a concentrate, oil, or other type of marijuana extract, either
within or on the surface of the product. Infused prerolls may or may
not include a filter or crutch at the base of the product.
Any equipment, product, material, or combination of equipment,
products, or materials, which is specifically designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, ingesting,
inhaling, or otherwise introducing marijuana into the human body.
A marijuana facility, a medical facility, and a marijuana
research facility.
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, marijuana testing facility, transportation
facility, comprehensive marijuana-infused products manufacturing facility,
microbusiness wholesale facility, microbusiness dispensary facility,
or any other type of marijuana-related facility or business licensed
or certified by the Department but shall not include a medical facility
or marijuana research facility.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "marihuana" does not include industrial hemp as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
Marijuana, marijuana-infused products, or other products
made using marijuana, including prerolls, unless otherwise provided
for in the Department's rules.
A facility licensed by the Department where activities intended
to facilitate scientific research or education related to marijuana
product occur.
A facility certified by the Department to acquire, test,
certify, and transport marijuana, including those originally licensed
as a medical marijuana testing facility.
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
Any medical marijuana cultivation facility, medical marijuana
dispensary facility, or medical marijuana-infused products manufacturing
facility.
A facility licensed by the Department to engage in the process
of cultivating marijuana that is limited to medical use at a medical
marijuana cultivation facility. A medical marijuana cultivation facility's
authority to process marijuana shall include the production and sale
of prerolls but shall not include the manufacture of marijuana-infused
products.
A facility licensed by the Department where marijuana is
dispensed only for medical use. Medical marijuana dispensary facilities
may receive transaction orders at the dispensary in person, by phone,
or via the internet, including from a third party. A medical marijuana
dispensary facility's authority to process marijuana shall include
the production and sale of prerolls but shall not include the manufacture
of marijuana-infused products.
A facility licensed by the Department where marijuana-infused
products and prerolls are manufactured only for medical use.
The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or marijuana accessories used to administer marijuana or a marijuana-infused product as provided by Article XIV, Section 1, of the Missouri Constitution, for the benefit of a qualifying patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
A facility licensed by the Department to engage in the process
of dispensing marijuana for medical use or adult use. Microbusiness
dispensary facilities may receive transaction orders at the dispensary
directly from the consumer in person, by phone, or via the internet,
including from a third party. A microbusiness dispensary facility's
authority to process marijuana shall include the creation of prerolls.
A facility licensed by the Department to where marijuana
cultivation operations for medical or adult use occur and/or where
marijuana-infused products and prerolls are manufactured for medical
use or adult use. A microbusiness wholesale facility may cultivate
up to two hundred fifty (250) flowering plants at any given time.
A microbusiness wholesale facility's authority to process marijuana
shall include the creation of prerolls and infused prerolls.
An individual who is licensed and in good standing as an
advanced practice registered nurse, or successor designation, under
Missouri law.
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
A consumable or smokable marijuana product, generally consisting
of: (1) a wrap or paper; and (2) dried flower, buds, and/or plant
material. Prerolls may or may not include a filter or crutch at the
base of the product.
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such under the rules and regulations
of the Department and possesses a Department issued primary caregiver
or primary caregiver cultivation identification card.
An individual diagnosed with at least one (1) qualifying
medical condition as defined in Missouri State law and possessing
a Department-issued qualifying patient or qualifying patient cultivation
identification card.
A facility certified by the Department to house operations
involving the transport of marijuana product from a marijuana facility
or medical facility; or to a qualifying patient, primary caregiver,
or consumer.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.060 are incorporated herein and shall apply.
[Ord. No. 2023-19, 8-14-2023]
Every marijuana business shall have the appropriate license
and any other required authorization from the Department to operate
in the City. Applicant may seek zoning approval upon showing of a
submitted application for a State license, but no final occupancy
shall be given until such State-issued license has been obtained and
satisfactory proof of such licensure has been provided to the City.
Continued operation in the City shall always require such licensure
to remain valid.
[Ord. No. 2023-19, 8-14-2023]
A.
No marijuana business shall be located within three hundred (300)
feet of any then-existing elementary or secondary school, day care
center, or church. For the purposes of this Chapter, "then-existing"
shall mean any elementary or secondary school, day care center, or
church, with a building permit from the City to be constructed, or
under construction, or completed and in use at the time the marijuana
business applies for zoning authorization.
B.
No dispensary facility shall be located within three hundred (300)
feet of any other dispensary facility.
C.
For purposes of this Article, the above spacing requirement shall
be measured as follows:
1.
In the case of a freestanding facility, the distance between
the facility and the elementary or secondary school, day care, or
church shall be measured from the external wall of the facility structure
closest in proximity to the elementary or secondary school, day care,
or church to the closest point of the property line of the elementary
or secondary school, day care, or church. If the elementary or secondary
school, day care, or church is part of a larger structure, such as
an office building or strip mall, the distance shall be measured to
the entrance or exit of the elementary or secondary school, day care,
or church closest in proximity to the facility.
2.
In the case of a facility that is part of a larger structure,
such as an office building or strip mall, the distance between the
facility and the elementary or secondary school, day care, or church
shall be measured from the property line of the elementary or secondary
school, day care, or church to the facility's entrance or exit
closest in proximity to the elementary or secondary school, day care,
or church. If the elementary or secondary school, day care, or church
is part of a larger structure, such as an office building or strip
mall, the distance shall be measured to the entrance or exit of the
elementary or secondary school, day care, or church closest in proximity
to the facility.
3.
Measurements shall be made along the shortest path between the
demarcation points that can be lawfully traveled by foot.
[Ord. No. 2023-19, 8-14-2023]
A.
No building or area of land shall be constructed, altered, or used for a medical marijuana cultivation facility or a comprehensive marijuana cultivation facility ("cultivation facility") without complying with the following regulations and all general requirements of the "M-1" Manufacturing District, including obtaining a conditional use permit in compliance with Chapter 400, Article X.
1.
Outdoor Operations Or Storage. All operations and all storage
of materials, products, or equipment shall be within a fully secured
area inside the main building structure or outside of the main structure
in a separate, fully secured, and enclosed structure.
2.
Visibility. Marijuana product or marijuana accessories may not
be visible from a public place outside of the facility without the
use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No marijuana or marijuana products
may be smoked, ingested, or otherwise consumed or administered on
the premises of any cultivation facility.
4.
Display Of Licenses Required. The applicable license for the
cultivation facility issued by the State of Missouri and all licenses
or permits issued by the City shall be displayed as required by State
regulations.
6.
Odor And Non-Residential District Regulations. Every cultivation facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with all provisions of Chapter 225.
7.
Security. Every cultivation facility shall have and maintain
security systems and procedures at least as stringent as that which
is required by State regulations.
8.
Signage. Signage shall be in accordance with Chapter 400, Article XIV. Outdoor signage shall be in compliance with the rules and regulations of the Department, including that the signs or advertising may not display any text other than the facility's business name or trade name, address, phone number, website, and directional signage.
9.
Hours Of Operation. All cultivation facilities shall be closed
to the public between the times established in and set forth by the
Planning and Zoning Commission and the City Council in the conditional
use permit for such cultivation facility. No persons not employed
by the business shall be on the premises at any time without being
approved entry, logged in by building security personnel, and obtaining
and displaying a visitor pass.
10.
Additional Requirements. All cultivation facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating marijuana, including, but not limited to, security requirements, lighting, parking, amount of flowering plants, waste disposal, inventory control systems and procedures, and environmental factors, including air supply filtered through high-efficiency particulate air filters.
11.
A cultivation facility may be: (1) a completely indoor facility and growing operation; (2) a completely outdoor facility and/or growing operation; or (3) a "greenhouse"/hybrid method facility and growing operation so long as such operation complies with all regulations of the "M-1" District, all regulations of this Code, all applicable regulations of Article XIV of the Missouri Constitution, and any rules or regulations of the Department relating to marijuana.
[Ord. No. 2023-19, 8-14-2023]
A.
No building or area of land shall be constructed, altered, or used for a dispensary facility without complying with the following regulations and all general requirements of the relevant "C-2" District, including obtaining a conditional use permit in compliance with Chapter 400, Article X.
1.
Outdoor Operations Or Storage. No outdoor operations or storage
shall be allowed.
2.
Visibility. Marijuana product or marijuana accessories may not
be visible from a public place outside of the facility without the
use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No marijuana or marijuana products
may be smoked, ingested, or otherwise consumed or administered on
the premises of any dispensary facility.
4.
Display Of Licenses Required. The applicable dispensary facility
license issued by the State of Missouri and any and all licenses or
permits issued by the City shall be displayed as required by State
regulations.
6.
Parking And Access. As part of the application for a conditional
use permit, the applicant shall submit the estimated number of customers
expected per hour or day, estimated peak times, the total number of
parking spaces, description of the access to the facility, and justification
statement that the desired location has adequate parking and access
to meet the expected foot and vehicle traffic without negatively impacting
neighboring properties.
7.
Drive-Throughs. Dispensary facilities must follow all requirements found in Chapter 400, Article IX, of this Code and obtain a conditional use permit to utilize a drive-through. As part of the conditional use permit process, the Planning and Zoning Commission may require additional queuing or other conditions related to the drive-through facility to ensure the public safety is protected and the surrounding properties are not negatively affected.
8.
Odor And Non-Residential District Regulations. Every dispensary facility shall at all times operate in compliance with all provisions of Chapter 225.
9.
Security. Every dispensary facility shall have and maintain
security systems and procedures at least as stringent as that which
is required by State regulations, including, but not limited to, any
display samples being secured in accordance with the Department's
rules and regulations, and storage of all marijuana product in a locked
vault when the facility is closed.
10.
Signage. Signage shall be in accordance with Chapter 400, Article XIV. Outdoor signage shall be in compliance with the rules and regulations of the Department, including that the signs or advertising may not display any text other than the facility's business name or trade name, address, phone number, website, and directional signage.
11.
Hours Of Operation. All sales or distribution of marijuana and
any other products sold to the public through a dispensary facility
shall take place only between the times established by and set forth
by the Planning and Zoning Commission and the City Council in the
conditional use permit for such dispensary facility. Dispensary facilities
shall be secured and closed to the public after the hours established
by the conditional use permit. No persons not employed by the dispensary
facility may be present in such facility at any time closed to the
public.
12.
Additional Requirements. All dispensary facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating medical marijuana, including, but not limited to, security requirements, waste disposal, inventory control systems and procedures, lighting, parking, and environmental factors, including air supply filtered through high-efficiency particulate air filters.
[Ord. No. 2023-19, 8-14-2023]
A.
No building or area of land shall be constructed, altered, or used for a medical marijuana-infused products manufacturing facility, microbusiness wholesale facility, or comprehensive marijuana-infused products manufacturing facility ("manufacturing facility") without complying with the following regulations and all general requirements of the "M-1" District, including obtaining a conditional use permit in compliance with Chapter 400, Article X.
1.
Outdoor Operations Or Storage. All operations and all storage
of materials, products, or equipment shall be within a fully secured
area inside the main building structure or outside of the main structure
in a separate, fully secured, and enclosed structure.
2.
Visibility. Marijuana product or marijuana accessories may not
be visible from a public place outside of the facility without the
use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No marijuana or marijuana products
may be smoked, ingested, or otherwise consumed or administered on
the premises of any manufacturing facility.
4.
Display Of Licenses Required. The applicable manufacturing facility
license issued by the State of Missouri and all licenses or permits
issued by the City shall be displayed as required by State regulations.
6.
Odor And Non-Residential District Regulations. Every manufacturing facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 225.
7.
Security. Every manufacturing facility shall have and maintain
security systems and procedures at least as stringent as that which
is required by State regulations.
8.
Signage. Signage shall be in accordance with Chapter 400, Article XIV, Outdoor signage shall be in compliance with the rules and regulations of the Department, including that the signs or advertising may not display any text other than the facility's business name or trade name, address, phone number, website, and directional signage.
9.
Hours of Operation. All manufacturing facilities shall be closed
to the public between the times established in and set forth by the
Planning and Zoning Commission and the City Council in the conditional
use permit for such manufacturing facility. No persons not employed
by the business shall be on the premises at any time without being
approved entry, logged in by building security personnel, and obtaining
and displaying a visitor pass.
10.
Additional Requirements. All manufacturing facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating marijuana, including, but not limited to, security requirements, inventory control systems and procedures, waste disposal, lighting, parking, and environmental factors.
[Ord. No. 2023-19, 8-14-2023]
A.
No building or area of land shall be constructed, altered, or used for a marijuana testing facility of marijuana research facility without complying with the following regulations and all general requirements of the "M-1" District, including obtaining a conditional use permit in compliance with Chapter 400, Article X.
1.
Outdoor Operations Or Storage. No outdoor operations or storage
shall be allowed.
2.
Visibility. Marijuana product or marijuana accessories may not
be visible from a public place outside of the facility without the
use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No marijuana or marijuana products
may be smoked, ingested, or otherwise consumed or administered on
the premises of any marijuana testing facility or marijuana research
facility except for testing or research purposes utilizing methods
and standards certified by the Department or other appropriate agency.
4.
Display Of Licenses Required. The applicable marijuana testing
facility or marijuana research facility license/certification issued
by the State of Missouri and all licenses or permits issued by the
City shall be displayed as required by State regulations.
6.
Odor And Non-Residential District Regulations. Every marijuana testing facility and marijuana research facility shall at all times operate in compliance with all provisions of Chapter 225.
7.
Security. Every marijuana testing facility or marijuana research
facility shall have and maintain security systems and procedures at
least as stringent as that which is required by State regulations.
8.
Signage. Signage shall be in accordance with Chapter 400, Article XIV. Outdoor signage shall be in compliance with the rules and regulations of the Department, including that the signs or advertising may not display any text other than the facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Accreditation, Standards, And Procedures. Every marijuana testing
facility and marijuana research facility shall at all times maintain
in good standing their accreditation as required by State regulations
and utilize standards and procedures for personnel and for the testing
of and research for marijuana in all forms which are at least as stringent
as those which are required by State regulations.
10.
Hours Of Operation. All marijuana testing facilities and marijuana
research facilities shall be closed to the public between the times
established in and set forth by the Planning and Zoning Commission
and the City Council in the conditional use permit for such marijuana
testing facility or marijuana research facility. No persons not employed
by the business shall be on the premises at any time without being
approved entry, logged in by building security personnel, and obtaining
and displaying a visitor pass.
11.
Additional Requirements. All marijuana testing facilities and marijuana research facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the Department regulating marijuana and the testing, research, and safety requirements thereof, including, but not limited to, security requirements, disposal requirements, lighting, parking, and environmental factors.
[Ord. No. 2023-19, 8-14-2023]
A.
No building or area of land shall be constructed, altered, or used for a Transportation Facility without complying with the following regulations and all general requirements of the "M-1" District, including obtaining a conditional use permit in compliance with Chapter 400, Article X.
1.
Outdoor Operations Or Storage. No outdoor operations or storage
shall be allowed unless otherwise authorized by State regulations.
2.
Visibility. Marijuana product or marijuana accessories may not
be visible from a public place outside of the facility without the
use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or marijuana products
may be smoked, ingested, or otherwise consumed or administered on
the premises of any transportation facility.
4.
Display Of Licenses Required. The applicable transportation
facility license/certification issued by the State of Missouri and
all licenses or permits issued by the City shall be displayed as required
by State regulations.
6.
Odor And Non-Residential District Regulations. Every transportation facility shall at all times operate in compliance with all provisions of Chapter 225.
7.
Security. Every transportation facility shall have and maintain
security systems and procedures at least as stringent as that which
is required by State regulations.
8.
Signage. Signage shall be in accordance with Chapter 400, Article XIV. Outdoor signage shall be in compliance with the rules and regulations of the Department, including that the signs or advertising may not display any text other than the facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Transportation. All transportation facilities shall comply with
all applicable rules and regulations promulgated by the Department
regarding transportation of marijuana, including, but not limited
to, security systems and requirements, transportation deadlines and
locations, and GPS tracking.
10.
Hours Of Operation. All transportation facilities shall be closed
to the public between the times established in and set forth by the
Planning and Zoning Commission and the City Council in the conditional
use permit for such transportation facility. No persons not employed
by the business shall be on the premises at any time without being
approved entry, logged in by building security personnel, and obtaining
and displaying a visitor pass.
11.
Additional Requirements. All transportation facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating marijuana, including, but not limited to, security requirements, inventory control systems and procedures, lighting, parking, environmental factors, and record retention and maintenance requirements.
[Ord. No. 2023-19, 8-14-2023]
A.
Qualifying Patient Medical Marijuana Cultivation, Primary Caregiver Medical Marijuana Cultivation, And Consumer Personal Cultivation. On any lot in the City, a person holding a current, valid marijuana cultivation identification card issued by the State of Missouri may have as an accessory use marijuana cultivation as permitted by Article XIV of the Missouri Constitution so long as all of the following conditions are met:
1.
The accessory use must take place only in a facility that is
enclosed, locked, and equipped with security devices (the "cultivation
area"), and in conformance with all Federal and Missouri laws and
regulations, Consumer personal cultivation, qualifying patient, and
primary caregiver cultivation shall not take place at a place of business.
2.
The State-issued marijuana cultivation identification card must
be clearly displayed within the cultivation area and in close proximity
to the marijuana plants.
3.
The accessory use must have an odor control system that is at
least as stringent as that which is required by Missouri regulations.
4.
A qualifying patient may not hold or obtain both a qualifying
patient cultivation identification card and a consumer personal cultivation
card at the same time, regardless of if the caregiver holds a cultivation
identification card on behalf of the qualified patient.
5.
All marijuana cultivation must cease immediately upon the expiration,
suspension, or revocation of a State-issued marijuana cultivation
identification card.
6.
Nothing in this Section shall convey or establish a right to
cultivate marijuana in a facility or site where State or Federal law
or a private contract would otherwise prohibit doing so.
7.
The following additional rules shall apply to consumer personal
cultivation:
a.
All consumer personal cultivation must take place at a private
residence.
b.
No more than twelve (12) flowering plants, twelve (12) non-flowering
plants fourteen (14) inches tall or more, and twelve (12) non-flowering
plants under fourteen (14) inches tall may be cultivated by consumers
at a single private residence, regardless of the number of consumers
who live at that private residence.
c.
Plants and marijuana produced by the plants in excess of three
(3) ounces must be kept at a private residence in an enclosed, locked
facility.
d.
All cultivated flowering plants in the possession of a consumer
shall be clearly labeled with the consumer's name.
8.
The following additional rules shall apply to qualifying patient
cultivation:
a.
One (1) qualifying patient, the primary caregiver for that person on their behalf, or a consumer for personal cultivation, may cultivate up to six (6) flowering plants and six (6) non-flowering marijuana plants fourteen (14) inches tall or more, and six (6) non-flowering plants under fourteen (14) inches tall at any given time in a cultivation area, subject to the limitations herein, Article XIV, and rules and regulations of the Department.
b.
Two (2) qualifying patients, who both hold valid medical marijuana
cultivation identification cards, may share one (1) cultivation area
but no more than twelve (12) flowering plants and twelve (12) non-flowering
marijuana plants fourteen (14) inches tall or more, and twelve (12)
non-flowering marijuana plants under fourteen (14) inches tall or
more may be cultivated in a cultivation area.
c.
Under no circumstances shall a qualifying patient be entitled
to cultivate, or have cultivated on his or her behalf, more than six
(6) flowering plants.
d.
Only one (1) individual in a patient-caregiver relationship
may be authorized for cultivation on behalf of the qualifying patient.
e.
All cultivated flowering plants in the possession of a qualifying
patient or primary caregiver shall be clearly labeled with the qualifying
patient's name.
9.
The following additional rules shall apply to primary caregiver
cultivation:
a.
A primary caregiver may cultivate on behalf of more than one
(1) qualifying patient and may utilize one or more cultivation area(s).
b.
No primary caregiver cultivating marijuana for more than one
(1) qualifying patient may exceed a total of twenty-four (24) flowering
plants, twenty-four (24) non-flowering plants fourteen (14) inches
tall or more, and twenty-four (24) non-flowering plants under fourteen
(14) inches tall.
c.
Only one (1) individual in a patient-caregiver relationship
may be authorized for cultivation on behalf of the qualifying patient.
d.
All cultivated flowering plants in the possession of a primary
caregiver shall be clearly labeled with the qualifying patient's
name.
e.
A primary caregiver cultivator who is also authorized as a qualifying
patient cultivator may grow the plants that belong to them as a qualifying
patient cultivator, and the plants grown on behalf of their qualifying
patient(s) using the same cultivation area.
f.
A primary caregiver cultivator who is also authorized as a consumer
personal cultivator may not grow the plants that belong to them as
an authorized consumer personal cultivator and the plants grown on
behalf of their qualifying patient(s) using the same cultivation area.
