[Ord. No. 125, 6-11-2019]
As used in this Chapter, the following terms shall have the
meanings indicated:
The direct application of marijuana to a qualifying patient
by way of any of the following methods:
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Ingestion of capsules, teas, oils, and other marijuana-infused
products;
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Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils;
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Application of ointments or balms;
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Transdermal patches and suppositories;
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Consuming marijuana-infused food products; or
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Any other method recommended by a qualifying patient's
physician.
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The Department of Health and Senior Services, or its successor
agency.
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.
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 crop-wide
average tetrahydrocannabinol concentration that does not exceed three
tenths of one percent (3/10 of 1%) on a dry weight basis, or commodities
or products manufactured from industrial hemp.
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.
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.
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.
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.
A person designated as such by the department.
A person designated as such by the department.
Any school, child day-care center, or church with a written
building permit from the Village to be constructed, or under construction,
or completed and in use at the time a business regulated under this
Chapter first applies for either zoning or a building permit, whichever
comes first.
[Ord. No. 125, 6-11-2019]
Medical marijuana businesses shall be required to have a Village business license as required in Chapter 605 but shall not be required to have any other Village issued license.
[Ord. No. 125, 6-11-2019]
A.
No person shall possess marijuana within the Village, except:
1.
A qualified patient for the patient's own personal use,
in an amount no larger than the law allows, or
2.
A caretaker of a qualified patient, or patients, but only when
transporting the medical marijuana to a qualified patient or when
accompanying a qualified patient or patients or when keeping for a
qualified patient while with the qualified patient or at the primary
caretaker's residence, or
3.
An owner or an employee of a medical marijuana facility or medical
marijuana transportation facility when in compliance with the rules
of the department.
[Ord. No. 125, 6-11-2019]
A.
Medical marijuana dispensaries may be open twenty-four (24) hours
each day.
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 customers 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
if done in compliance with the department's rules pertaining
to transportation of marijuana.
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 care-givers.
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 Village Code.
J.
A dispensary may not be located within one thousand (1,000) feet
of a then existing elementary or secondary school, State licensed
child day-care center or church. Measurements shall be consistent
with the Village's existing liquor license standard. The Village
Board of Trustees may reduce this distance by resolution if an applicant
shows good cause for the same. The determination of what constitutes
good cause shall be in the sole discretion of the Board of Trustees.
[Ord. No. 125, 6-11-2019]
A.
No building shall be constructed, altered or used for a medical marijuana-infused
products manufacturing facility without complying with regulations
in this Chapter.
B.
Distance Requirement. No medical marijuana-infused products manufacturing
facility using any combustible gases or CO2 in the extraction process
shall be located within one thousand (1,000) feet of a then existing
elementary or secondary school, licensed child day-care center, or
church. Any other medical marijuana-infused products manufacturing
facility many be located in any location where a medical marijuana
dispensary may be located as detailed above. Measurements shall be
in a method consistent with the Village's existing liquor license
measurement standard. The Village Board of Trustees may reduce this
distance by resolution if an applicant shows good cause for the same.
The determination of what constitutes good cause shall be in the sole
discretion of the Board of Trustees.
C.
Outdoor Operations Or Storage. All operations and all storage of
materials, products, or equipment shall be within a fully secured
area inside the building structure or outdoors on the property in
an area enclosed by a fence with razor wire at least ten (10) feet
in height, not including the razor wire or such other alternative
security measures approved by the Board of Trustees.
D.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or
otherwise consumed on the premises of any medical marijuana-infused
products manufacturing facility at any time.
E.
Hours Of Operation. No persons not employed by the business shall
be on the premises at any time without being approved entry and logged
in by building security personnel and are required to obtain a visitor
pass.
F.
Display Of Licenses Required. The medical marijuana-infused products
manufacturing facility license issued by the State of Missouri shall
be displayed in a prominent place in plain view near the front desk
of the facility.
[Ord. No. 125, 6-11-2019]
A.
No building shall be constructed, altered or used for a medical marijuana
cultivation facility without complying with the regulations of this
Chapter.
B.
Distance Requirement. No medical marijuana cultivation facility shall
be located within one thousand (1,000) feet of a then existing elementary
or secondary school, State-licensed child day-care center or church.
Measurements shall be consistent with the Village's existing
liquor license standard. The Village Board of Trustees may reduce
this distance by resolution if an applicant shows good cause for the
same. The determination of what constitutes good cause shall be in
the sole discretion of the Board of Trustees.
C.
Outdoor Operations Or Storage. All operations and all storage of
materials, products, or equipment shall be within a fully secured
area inside the building structure or outdoors on the property in
an area enclosed by a fence with razor wire at least ten (10) feet
in height, not including the razor wire or such other alternative
security measures approved by the Board of Trustees.
D.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or
otherwise consumed on the premises of any medical marijuana cultivation
facility at any time.
E.
Display Of Licenses Required. The medical marijuana cultivation facility
license issued by the State of Missouri shall be displayed in a prominent
place in plain view near the front entrance of the facility.
[Ord. No. 125, 6-11-2019]
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. 125, 6-11-2019]
A.
To the extent allowed by State law, marijuana for medicinal purposes
may be cultivated in a residential structure, provided:
1.
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.
2.
The residence has operating systems to assure 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 multi-family building,
that such fumes and vapors are not allowed into any other residence.
3.
The cultivation must comply with the security and other requirements
of State law and the rules of the Division of Health and Senior Services.
4.
The resident has notified the Village Clerk, including providing
proof of eligibility, on a form provide by the Village Clerk, so that
law enforcement and code officials will be aware that the cultivation
is lawfully taking place.
[Ord. No. 125, 6-11-2019]
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 multi-family or similar dwelling,
medical marijuana may not be dispensed or consumed in any common area.
