[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:
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.
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 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.
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.
A facility certified by the Missouri Department of Health
and Senior Services to acquire, test, certify, and transport marijuana.
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:
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.
