City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents
[Ord. No. 19-08-02, 8-2-2019]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
QUALIFYING PATIENT
A Missouri resident issued a valid identification card by the Missouri Department of Health and Senior Services.
PRIMARY CAREGIVER
An individual who has significant responsibility for managing the well-being of a Qualifying Patient and who possesses a Primary Caregiver Identification Card issued by the Missouri Department of Health and Senior Services.
[Ord. No. 19-08-02, 8-2-2019]
Medical marijuana businesses shall be required to have a City business license as required in Chapter 605, but shall not be required to have any other City-issued business license.
[Ord. No. 19-08-02, 8-2-2019]
A. 
No person shall cultivate marijuana without first obtaining a Medical Marijuana Cultivation Facility license issued by the Missouri Department of Health and Senior Services or, in the case of non-commercial cultivation by Qualifying Patients or Primary Caregivers holding a Qualifying Patient Cultivation identification card, registering their cultivation location pursuant to the requirements of this Chapter. A separate registration shall be required for each and every Qualifying Patient or Primary Caregiver.
1. 
Qualifying Patient Cultivation registration forms shall be submitted to the Building Official on forms supplied by the Department.
2. 
Qualifying Patient Cultivation registration shall be valid for a period of one (1) year.
3. 
No registration shall be sold, transferred, or assigned by the permittee or by operation of law to any other person. Any such sale, transfer, or assignment, or attempt to do same, shall constitute a violation of this Chapter.
[Ord. No. 19-08-02, 8-2-2019]
A. 
Cultivation by Qualifying Patients and Primary Caregivers shall be subject to the following requirements:
1. 
The primary use of residential property where marijuana is grown shall remain at all times a residence, with legal and functioning cooking, eating, sleeping and toilet facilities with proper ingress and egress. No room shall be used for cultivating marijuana where that activity will impair or prevent the primary uses of cooking, eating, sleeping, or toileting.
2. 
Access to the growing area shall be secured by lock and key or equivalent at all times except when the facility is being actively supervised in person by the permit holder.
3. 
State cultivation authorization shall be clearly displayed within the enclosed cultivation area in close proximity to the marijuana plants.
4. 
The growing area shall comply with all provisions of the Excelsior Springs Municipal Code, including International Building, Electrical, Gas, Plumbing, Fire and Property Maintenance Codes as adopted and amended by the City and shall be properly ventilated so as not to create excessive heat, humidity, mold, hazardous atmosphere, or other related conditions.
5. 
Lighting used in the growing area shall not exceed one thousand (1,000) watts per light. The use of compressed gas products, including but not limited to carbon dioxide and butane, solvents, or ozone generators in the growing area is prohibited.
[Ord. No. 19-08-02, 8-2-2019]
A. 
No person shall consume marijuana for medical use in a public place, unless provided by law.
B. 
No person shall extract resins from marijuana using dangerous materials or combustible gases without a Medical Marijuana-Infused Products Manufacturing Facility license issued by the Missouri Department of Health and Senior Services.
[Ord. No. 19-08-02, 8-2-2019]
A. 
It shall be unlawful for any Qualifying Patient to allow the smell or noxious odor emitted from smoking, consumption or possession of medical marijuana to intrude into any public or private property, including sidewalks, streets and parks, unless permitted by the person or entity with control of the property or provided by law.
B. 
It shall be unlawful for any person or entity to cultivate medical marijuana or operate a medical marijuana facility so as to emit an offensive, noxious, unhealthy or disagreeable odor, or release any substance emitting an offensive, noxious, unhealthy or disagreeable effluvium in the neighborhood where the facility exists.
C. 
It shall be unlawful for any person or entity to cultivate medical marijuana or operate a medical marijuana facility so as to produce light, glare, heat, noise, odor or vibration that is detrimental to public health, safety, or welfare, or interferes with the reasonable enjoyment of life and property.