The purpose of this Chapter is to regulate the placement and
licensing of facilities for the dispensing, selling, storing, manufacturing,
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.
For the purposes of this Chapter, certain terms and words are
hereby defined. Words used in the present tense include the future;
the singular number shall include the plural, and the plural the singular.
A permanent building primarily and regularly used as a place
of religious worship.
A child-care facility, as defined by Section 210.201, RSMo.,
that is licensed by the State of Missouri.
Any public school as defined in Section 160.011, RSMo., or
any private school giving instruction in a grade or grades not higher
than the 12th grade, including any property owned by the public or
private school that is regularly used for extracurricular activities,
but does not include any private school in which education is primarily
conducted in private homes.
An indoor stationary closet, room, garage, greenhouse, or other
comparable fully enclosed space equipped with locks or other functioning
security devices that permit access to only the qualifying patient(s)
or primary caregiver(s) who have informed the Department that this
is the space where they will cultivate marijuana; or
An outdoor stationary structure:
That is enclosed on all sides, except at the base, by chain-link
fencing, wooden slats, or a similar material that is anchored, attached,
or affixed to the ground and that cannot be accessed from the top;
In which the plants are not visible to the unaided eye from
an adjacent property when viewed by an individual at ground level
or from a permanent structure at any level; and
That is equipped with locks or other security devices that restrict
access to only the qualifying patient(s) or primary caregiver(s) who
have informed the Department that this is the space where they will
cultivate marijuana.
A document, whether in paper or electronic format, issued
by the Department that authorizes a qualifying patient, primary caregiver,
or employee or contractor of a licensed facility to access medical
marijuana as provided by law.
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 State of Missouri 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 State of Missouri 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 certified by the State of Missouri to acquire,
test, certify and transport marijuana.
A facility certified by the Department to transport marijuana
to a qualifying patient, a primary caregiver, a medical marijuana
cultivation facility, a medical marijuana-infused products manufacturing
facility, a medical marijuana dispensary facility, a medical marijuana
testing facility, or another medical marijuana-transportation facility.
A facility licensed by the State of Missouri 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.
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such on the primary caregiver's
application for an identification card under this Section or in other
written notification to the Department.
Any place other than the residence of the qualifying patient
or primary caregiver administering marijuana for medical use, or the
residence of another person when the person in control of the property
has consented to the administering of marijuana for medical use.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition as defined in Mo. Const. Art. 14 § 1.
A.
Medical marijuana facilities shall be subject to the requirements
in the following table:
|
Medical Marijuana Facility Type
|
Location Requirements
|
Permitted Hours of Operation
|
|---|---|---|
|
Medical marijuana cultivation facility
|
Permitted principal use in "A" districts; prohibited in all
other districts
|
No restriction
|
|
Medical marijuana dispensary facility
|
Permitted principal use in "C-1" districts; prohibited in all
other districts
|
8:00 A.M. to 7:00 P.M. Monday through Friday; 10:00 A.M. to
5:00 P.M. Saturday and Sunday; shall be closed on federally recognized
holidays
|
|
Medical marijuana testing facility
|
Permitted principal use in "I-1" and "I-2" districts; prohibited
in all other districts
|
8:00 A.M. to 6:00 P.M. Monday through Friday; shall be closed
on federally recognized holidays
|
|
Medical marijuana transportation facility
|
Permitted principal use in "I-1" and "I-2" districts; prohibited
in all other districts
|
No restriction
|
|
Medical marijuana-infused products manufacturing facility
|
Permitted principal use in "I-1" and "I-2" districts; prohibited
in all other districts
|
No restriction
|
B.
No new cultivation, infused products manufacturing, dispensary, or
testing facility shall be sited within one thousand (1,000) feet of
any then-existing elementary or secondary school, day care, or church.
1.
In the case of a freestanding facility, the distance between
the facility and the school, day care, or church shall be measured
from the external wall of the facility structure closest in proximity
to the school, day care, or church to the closest point of the property
line of the school, day care, or church. If the school, day care,
or church is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, day care, or church closest in proximity to the facility.
2.
In the case of a facility that is part of a larger structure,
such as an office building or strip mall, the distance between the
facility and the school, day care, or church shall be measured from
the property line of the school, day care, or church to the facility's
entrance or exit closest in proximity to the school, day care, or
church. If the school, day care, or church is part of a larger structure,
such as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, day care, or church closest
in proximity to the facility.
3.
Measurements shall be made along the shortest path between the
demarcation points that can be lawfully traveled by foot.
4.
No marijuana-related cultivation or manufacturing facility shall
be operated or maintained within one thousand five hundred (1,500)
feet of another marijuana-related use. Marijuana-related uses under
the same ownership and on the same property are exempt from this requirement.
5.
No marijuana-related cultivation or manufacturing facility shall
be located, operated or maintained on property that is less than seven
(7) acres in size.
C.
No home occupation medical marijuana facilities shall be permitted.
D.
No facility shall be permitted to be located within a mobile structure.
No medical marijuana facility may operate in the City of Fredericktown without a valid license issued by the Missouri Department of Health and Senior Services (DHSS) and a current business license issued by the City of Fredericktown pursuant to Chapter 605. The license issued by the DHSS shall be prominently displayed near the front entrance to the facility as required by State regulations.
A.
As a condition of processing a business license application, a facility
operator shall provide at the time of filing the business license
application the following information:
1.
Site plan, building plan, and floor plan showing the location
of all activities. The plan must show the layout of the facility and
have 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.
Security plans for the facility demonstrating security systems,
equipment, and procedures which are at least as stringent as those
which are required by State regulations.
3.
Odor-control systems for the facility demonstrating such systems
are at least as stringent as that which is required by State regulations.
The site plan shall describe the ventilation system for the premises.
Appropriate ventilation systems to prevent any odor of marijuana or
fumes from leaving the premises of a facility, or other changes to
a facility, may be required to abate a public nuisance.
4.
Such additional information as may be reasonably requested by
the Building Department.
6.
Site review approval shall expire, and be of no effect, one
(1) year after the date of issuance thereof.
No more than one (1) medical marijuana dispensary, one (1) medical
marijuana cultivation facility, one (1) medical marijuana testing
facility, and one (1) medical marijuana-infused products manufacturing
facility shall be issued a business license to operate in the City.
No marijuana facility shall emit a nuisance odor. (An odor is a nuisance if it occurs on a regular basis and unreasonably interferes with the proper use and enjoyment of the property of others.) Any nuisance odor shall be subject to abatement pursuant to Chapter 215. All medical marijuana facilities shall have and maintain an odor-control system which is at least as stringent as that which is required by State regulations.
No medical marijuana facility may use combustible gases or CO2
during the extraction process.
A.
Medical marijuana cultivation facilities, medical marijuana testing
facilities, medical marijuana-infused products manufacturing facilities
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.
Alarm System. A professionally monitored security alarm system
shall be installed and maintained in good working condition within
the facility at all times.
4.
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.
A.
Signage and advertising on facility premises must comply with the
following:
1.
A facility may not display marijuana, marijuana paraphernalia,
or advertisements for these items in a way that is visible to the
general public from a public right-of-way; and
2.
Outdoor signage and, if visible to the public, interior signage, must comply with Code Section 405.170 and:
a.
May not display any text other than the facility's business
name or trade name, address, phone number, and website; and
b.
May not utilize images or visual representations of marijuana
plants, products, or paraphernalia, including representations that
indicate the presence of these items, such as smoke.
No drive-through windows shall be permitted for any facility.
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.
A.
No qualifying patient shall consume marijuana for medical use in
a public place.
B.
The consumption, inhalation or other personal use of marijuana or
medical marijuana-infused products on or within the premises of a
medical marijuana cultivation facility, medical marijuana testing
facility, medical marijuana-infused products manufacturing facility
or medical marijuana dispensary 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.
C.
No licensee shall permit the consumption, inhalation or other personal
use of marijuana or medical marijuana-infused products on or within
the licensee's premises.
The sale or consumption of alcohol within a facility is prohibited.
A.
No person under the age of eighteen (18) shall be allowed into a
medical marijuana dispensary, except:
B.
No person under the age of eighteen (18) shall be allowed in any
portion of a medical marijuana Cultivation facility, medical marijuana
testing facility or medical marijuana-infused products manufacturing
facility. The entrance to such facilities shall be clearly and legibly
posted with notice indicating that persons under the age of eighteen
(18) are precluded from entering the premises.
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 only to qualifying patients
or primary caregivers. Such items may not be publicly displayed.
A.
All qualifying patient cultivation shall take place in an enclosed,
locked facility as defined herein.
B.
The personal cultivation of medical marijuana shall comply with all
applicable State of Missouri laws and regulations, including, but
not limited to, identification cards, number and type of marijuana
plants, safety, security, screening, storage, odor control, waste
disposal, inspections, and use or consumption of marijuana or marijuana-infused
products. Additionally, the personal cultivation of medical marijuana
shall comply with all other applicable requirements of the City Code
to the extent not in conflict with State of Missouri laws and regulations.
C.
No occupancy permit for a residence or accessory building used for
personal cultivation of medical marijuana will be issued unless all
requirements stated herein are met.
