City of Malden, MO
Dunklin County
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Table of Contents
Table of Contents
[Ord. No. 3202, 7-29-2019]
The purpose of this Chapter is to regulate the placement and licensing of facilities for the dispensing, selling, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.
[Ord. No. 3202, 7-29-2019]
For purposes of this Chapter, the following terms shall have the defined meanings unless otherwise specified:
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" does 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.
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 Missouri Department of Health and Senior Services 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 product manufacturing facility.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the Missouri Department of Health and Senior Services to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused product manufacturing facility.
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Missouri Department of Health and Senior Services 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.
[Ord. No. 3202, 7-29-2019]
A. 
No marijuana-related use, activity or facility shall emit an odor or in any way cause a public nuisance per Chapter 215 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
B. 
Each medical marijuana testing or medical marijuana dispensary facility shall be located on properties that meet the following distance requirements:
1. 
No medical marijuana testing or medical marijuana dispensary facility shall be operated or maintained within five hundred (500) feet of any school, child day-care center or place of worship.
2. 
No medical marijuana testing or medical marijuana dispensary facility shall be operated or maintained within five hundred (500) feet of a like marijuana-related use except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a state or federally licensed pharmacy. Marijuana-related uses under the same ownership and on the same property are exempt from this requirement.
3. 
The distances described in this Section shall be computed by direct measurement from the nearest property boundary of land upon which a building or buildings are used for the above purposes to the nearest portion of the property boundary housing the medical marijuana testing facility, or medical marijuana dispensary facility, using a straight line.
C. 
Each medical marijuana cultivation facility or medical marijuana-infused products manufacturing facility shall be located on properties that meet the following distance requirements and are subject to the following land area requirements:
1. 
No marijuana-related cultivation or manufacturing uses shall be operated or maintained within five hundred (500) feet of any school, child day-care center or place of worship.
2. 
No marijuana-related cultivation or manufacturing facility shall be operated or maintained within five hundred (500) feet of another like marijuana-related use. Marijuana-related uses under the same ownership and on the same property are exempt from this requirement.
3. 
The distances described in this Section shall be computed by direct measurement from the nearest property boundary of land upon which a building or buildings are used for the above purposes to the nearest portion of the property boundary housing the medical marijuana manufacturing or testing facility, or medical marijuana dispensary facility, using a straight line.
4. 
No marijuana-related cultivation or manufacturing facility shall be located, operated or maintained on property that is less than one-half (1/2) acre in size.
D. 
The waiting area and the area of a medical marijuana dispensary facility where marijuana or marijuana-infused products are physically delivered to a qualifying patient or primary caregiver shall be separated by a solid wall and solid door so that persons in the waiting area are obstructed from observing the delivery of the marijuana or marijuana-infused products to the qualifying patient or primary caregiver. No loitering will be permitted at any facility.
E. 
No marijuana or marijuana-infused product shall be displayed to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility.
F. 
Paraphernalia as referenced in Section 215.540, excluding (1)f, RSMo., as may be amended, may be lawfully sold at a medical marijuana dispensary facility. Such items may not be publicly displayed and may be sold, displayed and provided only to patients or primary caregivers of patients.
G. 
The sale or consumption of alcohol within a facility is prohibited.
H. 
No person under the age of eighteen (18) shall be allowed in any portion of a medical marijuana testing facility, cultivation facility or products manufacturing facility. The entrance to a facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.
I. 
A medical marijuana dispensary facility shall not dispense more than four (4) ounces of a usable form of medical marijuana per patient in a thirty-day period, except as otherwise allowed by law. All marijuana sold or otherwise distributed shall be in a sealed container. Such packaging shall have a label that indicates the quantity and advises the purchaser that the marijuana is intended for use solely by the patient, and that any resale or redistribution to any third person is a criminal violation.
J. 
The consumption, inhalation or other personal use of marijuana or medical marijuana-infused products on or within the premises of a medical marijuana testing facility, medical marijuana dispensary facility, medical marijuana cultivation facility or medical marijuana-infused products manufacturing facility is prohibited, except that a medical marijuana testing facility may consume marijuana during the testing process and only as the consumption relates to the testing process.
K. 
Maximum Hours Of Operation.
1. 
Dispensary facilities are limited to the following hours of operation: 8:00 A.M. to 7:00 P.M. Monday through Friday. 8:00 A.M. to 5:00 P.M. Saturday, 10:00 A.M. to 5:00 P.M. Sunday, and shall be closed on Federally recognized holidays.
2. 
Testing facilities are limited to the following hours of operation: 8:00 A.M. to 6:00 P.M. Monday through Friday and shall be closed on Federally recognized holidays.
L. 
Security Plans. Marijuana testing facilities, medical marijuana cultivation facilities, medical marijuana-infused products manufacturing facility and medical marijuana dispensary facilities shall provide adequate security on the premises, including, but not limited to, the following:
1. 
Surveillance. Security surveillance cameras installed to monitor each entrance to the facility along with the interior and exterior of the premises to discourage and to facilitate the reporting and investigation of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least ninety (90) days and be made available to law enforcement officers upon demand.
2. 
Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.
3. 
Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on site.
4. 
Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the facility at all times.
5. 
Emergency Contact. Each facility shall provide the Chief of Police with the name, cellular telephone number, electronic mail address, and facsimile number of an on-site facility employee to whom the City may provide notice of any operating problems associated with the facility. It shall be the responsibility of the licensee to keep up to date the contact information of the facility employee.
M. 
Operating Plans. As a condition of processing of a business license application, a facility operator shall provide at the time of the initial site review application a detailed operations plan and, upon issuance of a license, shall operate the facility in accordance with the plan. Such plan shall include:
1. 
Floor Plan. A plan showing the layout of the facility and the principal uses of the floor area depicted. A medical marijuana dispensary facility shall have a lobby waiting area at the entrance to the center to receive clients, and a separate and secure designated area for dispensing medical marijuana to qualified patients or designated primary caregivers. The primary entrance of any stand-alone facility shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. All storage areas shall be shown and labeled.
2. 
Odor Controls. A facility shall provide a plan for the mitigation and control of odors and other environmental impacts which may emanate from a facility. Such plan shall describe the ventilation system for the premises. Appropriate ventilation systems to prevent any odor of marijuana of fumes from leaving the premises of a facility or other changes to a facility may be required to abate a public nuisance.
N. 
Each facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.
O. 
It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide medical marijuana as a home occupation.
P. 
No medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility or medical marijuana-infused products manufacturing facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, delivered, processed, sold, stored, tested, or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.
Q. 
Application Review Process:
1. 
Site Review Permit. Prior to the issuance of a business license for any medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility or medical marijuana-infused products manufacturing facility, the owner or agent thereof shall apply for a site review permit. A site review permit shall be granted upon payment of a site fee of one hundred fifty dollars ($150.00) and certification to the City of the following:
a. 
Compliance with City's zoning and location requirements;
b. 
Provision of a draft security plan meeting the requirements of this Chapter; and
c. 
Provision of an Operating Plan as provided in Subsection (M), above. Site review approval shall expire, and be of no effect, one (1) year after the date of issuance thereof.
2. 
Business License. Upon receipt of a license from the Department of Health and Senior Services, the holder of a valid site review permit shall be granted a one-year business license upon the following:
a. 
Payment of a business license fee based upon gross sales as otherwise provided by this Code;
b. 
Certification to the City of all relevant State approvals and licensure;
c. 
Site inspection and certification by the City that all final operating and security plans are in compliance with this Chapter.
Failure of a licensee or applicant to comply the provisions of this Chapter shall result in the revocation or rejection of a business license or renewal thereof.
3. 
Occupancy Permit. Once a business license and site review permit is obtained, the applicant shall apply for an occupancy permit as otherwise provided by law.
4. 
Renewal Of Business License. Any business license issued pursuant to this Chapter may be renewed as follows:
a. 
Payment of a business license fee based upon the previous year's gross sales as otherwise provided by this Code;
b. 
Certification to the City of continued compliance with all state laws and regulations.
c. 
Site inspection and certification by the City that all operating and security plans are in continued compliance with this Chapter.
[Ord. No. 3202, 7-29-2019]
A. 
No person shall possess, or have under his control, any amount of marijuana, except:
1. 
A qualifying patient for their own personal use, in an amount no greater than Missouri law allows; or
2. 
A primary caregiver for a qualifying patient(s), but only when transporting medical marijuana to a qualifying patient or when accompanying a qualifying patient(s); or
3. 
An owner or employee of a State-licensed medical marijuana facility while on the premises of said facility, or when transporting to a qualifying patient's or primary caregiver's residence or another State-licensed medical marijuana facility.
[Ord. No. 3202, 7-29-2019]
Except as permitted by this Chapter or otherwise provided by law, it shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance as defined in the Revised Statutes of Missouri.
[Ord. No. 3202, 7-29-2019]
Any person in possession of medical marijuana shall, immediately upon request of any law enforcement officer, produce a valid identification card issued by the Missouri Department of Health and Senior Services, or its successor, authorizing them, as a qualifying patient or primary caregiver, or employee of a licensed medical marijuana facility, to access medical marijuana as provided by Missouri law. Any person who fails to produce such identification card shall be guilty of violating this Section. Violation of this Section shall be punishable by a fine of up to five hundred dollars ($500.00) and/or up to ninety (90) days in jail.
[Ord. No. 3202, 7-29-2019]
A. 
No person shall administer medical marijuana in public.
B. 
For the purpose of this Section, "administer" shall have the definition set forth in Article XIV, Section 1, of the Missouri Constitution.
C. 
For the purpose of this Section, the phrase "in public" shall mean any place other than:
1. 
The residence of the qualifying patient or primary caregiver administering medical marijuana, or the residence of another person when the person in control of the property has consented to the administering of medical marijuana; or
2. 
A licensed medical marijuana facility with the consent of the person(s) in charge of that facility.
[Ord. No. 3202, 7-29-2019]
No person shall dispose of medical marijuana or medical marijuana-infused products except in accordance with the provisions of 19 CSR 30-95.