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City of Pevely, MO
Jefferson County
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Table of Contents
Table of Contents
[Ord. No. 1500, 10-7-2019]
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Chapter:
ADMINISTER
The direct application of marijuana to a qualifying patient by way of any of the following methods:
1. 
Ingestion of capsules, teas, oils, and other marijuana-infused products;
2. 
Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils;
3. 
Application of ointments or balms;
4. 
Transdermal patches and suppositories;
5. 
Consuming marijuana-infused food products; or
6. 
Any other method recommended by a qualifying patient's physician.
ENTITY
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.
MARIJUANA OR MARIHUANA
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" do not include industrial hemp containing a cropwide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (1%) on a dry-weight basis, or commodities or products manufactured from industrial hemp.
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the department to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the department to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.
MEDICAL MARIJUANA FACILITY
One (1) or more of the following:
1. 
Medical marijuana cultivation facility;
2. 
Medical marijuana testing facility;
3. 
Medical marijuana-infused manufacturing facility;
4. 
Medical marijuana post-extraction facility; or
5. 
Medical marijuana dispensary facility.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the department to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying medical condition.
[Ord. No. 1500, 10-7-2019]
It shall be unlawful for any entity to cultivate, manufacture, dispense or sell marijuana for medical use as provided by law without first applying for and receiving a business license from the Mayor or his/her designee in the manner provided in Chapter 605.
[Ord. No. 1500, 10-7-2019]
A. 
Compliance. Any entity owning, controlling or leasing, acting as agent for, conducting, managing or operating any medical marijuana facility to cultivate, manufacture, dispense or sell marijuana for medical use shall comply with Article XIV of the Missouri Constitution, Chapter 95 of Title 19, Division 30, of the Missouri Code of State Regulations, and as provided for in this Chapter.
B. 
General Regulations.
1. 
A medical marijuana facility may be open to the public or make sales twenty-four (24) hours per day.
2. 
No medical marijuana, of any type, may be administered on the premises of a medical marijuana facility, nor shall an entity permit such administration.
3. 
Any medical marijuana facility shall require a customer to display the customer's permit card from the Missouri Department of Health and Senior Services or other proof of eligibility at the time of each purchase.
4. 
No person under the age of eighteen (18) years old shall be allowed into a medical marijuana facility, 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's parent or guardian may be allowed into a medical marijuana facility.
5. 
It shall be unlawful to display in any street window or show window any marijuana or marijuana-infused products.
6. 
All edible marijuana-infused products shall be sold in individual, child-resistant containers that are labeled with dosage amounts, instructions for use, and estimated length of effectiveness. All marijuana and marijuana-infused products shall be sold in containers clearly and conspicuously labeled, in a font size at least as large as the largest other font size used on the package, as containing "marijuana," or a "marijuana-infused product."
7. 
Security requirements for any medical marijuana facility include, at a minimum, lighting, physical security, video, alarm requirements, and other minimum procedures for internal control as deemed necessary by Article XIV of the Missouri Constitution, Chapter 95 of Title 19, Division 30, of the Missouri Code of State Regulations, and as provided for in this Chapter. A medical marijuana facility shall notify the City of changes, alterations, or modifications of security.
C. 
Location. No medical marijuana facility may be located within one thousand (1,000) feet of any existing elementary or secondary school, child day-care center, or church.
[Ord. No. 1500, 10-7-2019]
No entity shall dispose of marijuana or marijuana-infused products in an unsecured waste receptacle not in possession and control of the entity and designed to prohibit unauthorized access.
[Ord. No. 1500, 10-7-2019]
Any person who shall violate any of the provisions of this Chapter or fail to comply with any order or regulation made thereunder shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).