[Ord. No. 3177, 3-7-2023]
A.
Any term not specifically defined in this Chapter shall have the
definition set forth in Article XIV of the Missouri Constitution,
if any.
B.
ADMINISTER
CHURCH
COMPREHENSIVE FACILITY
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
CONSTITUTION
CONSUMER
DAYCARE
DEPARTMENT
DIRECTLY
ENCLOSED, LOCKED FACILITY
1.
2.
a.
b.
3.
FINE
MARIJUANA ACCESSORIES
MARIJUANA BUSINESS
MARIJUANA DISPENSARY
MARIJUANA FACILITY
MARIJUANA or MARIHUANA
MARIJUANA TRANSPORTATION FACILITY
MARIJUANA-INFUSED PRODUCTS
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA DISPENSARY FACILITY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
PRIMARY CAREGIVER
QUALIFYING PATIENT
THEN EXISTING
Specific Definitions. Unless the context indicates otherwise, the
following terms shall have the meaning set forth herein:
The direct application of marijuana to a qualifying patient
by way of the following methods:
A permanent building primarily and regularly used as a place
of religious worship.
A comprehensive marijuana cultivation facility, a comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
A facility licensed by the Department to acquire, cultivate,
process, package, store on-site or off-site, transport to or from,
and sell marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as "clones") to a marijuana dispensary, a marijuana testing
facility, or a comprehensive marijuana-infused products manufacturing
facility. A comprehensive marijuana cultivation facility need not
segregate or account for its marijuana products as either non-medical
marijuana or medical marijuana. A comprehensive marijuana cultivation
facility's authority to process marijuana shall include the creation
of prerolls, but shall not include the manufacture of marijuana-infused
products.
A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient or primary caregiver, as those terms are defined in Section 260.010 of the City Code, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of Chapter 260 of the City Code, and as otherwise allowed by law. Comprehensive marijuana dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
A facility licensed by the Department to acquire, process,
package, store; manufacture, transport to or from a marijuana dispensary
or a marijuana testing facility, and sell marijuana-infused products,
prerolls, and infused prerolls to a marijuana dispensary, a marijuana
testing facility, or another comprehensive marijuana-infused products
manufacturing facility. A comprehensive marijuana-infused products
manufacturing facility need not segregate or account for its marijuana
products as either non-medical marijuana or medical marijuana.
Constitution of the State of Missouri.
A person who is at least twenty-one (21) years of age.
A child-care facility, as defined by Section 215.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
The Department of Health and Senior Services or its successor
agency.
The shortest possible practicable route from the marijuana
business to the permitted destination or destinations, without any
voluntary detours or additional stops.
An indoor stationary closet, room, garage, greenhouse, or other
comparable fully enclosed space equipped with locks or other functioning
security devices that permit access only to 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 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 monetary fine imposed by the Municipal Court for the City.
Any equipment, product, material, or combination of equipment,
products, or materials, which is specifically designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, ingesting,
inhaling, or otherwise introducing marijuana into the human body.
Any facility licensed by the Department of Health and Senior
Services under the authority granted by Article XIV of the Missouri
Constitution.
A medical marijuana dispensary, a comprehensive marijuana
dispensary, or a micro-business as those terms are defined herein
or in Article XIV of the Missouri Constitution.
A marijuana business, medical marijuana dispensary facility,
a comprehensive marijuana dispensary facility, a micro-business dispensary,
a micro-business wholesale facility, a medical marijuana cultivation
facility, a comprehensive marijuana cultivation facility, a medical
marijuana testing facility, a comprehensive marijuana testing facility,
a medical marijuana transportation facility, a comprehensive marijuana
transportation facility, a medical marijuana-infused products manufacturing
facility, or a comprehensive marijuana-infused products manufacturing
facility as those terms are defined herein or in Article XIV of the
Missouri Constitution.
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.
A facility certified by the State to transport marijuana to a qualifying patient or a primary caregiver, as those terms are defined in Section 260.010 of the City Code, or to a medical marijuana cultivation facility, a comprehensive marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a comprehensive marijuana-infused products manufacturing facility, a marijuana dispensary, a marijuana testing facility, or another marijuana transportation facility.
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, marijuana testing facility, or to a medical marijuana-infused
products manufacturing facility and shall also mean a comprehensive
marijuana cultivation facility, as that term is defined in Article
XIV of the Missouri Constitution.
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, as those terms are defined in Section 260.010 of the City Code, or another medical marijuana dispensary facility.
A facility licensed by the Department, to acquire, store,
manufacture, transport, and sell marijuana-infused products to a medical
marijuana dispensary facility, a marijuana testing facility, or another
medical marijuana-infused products manufacturing facility.
Defined in Section 260.010 of the Municipal Code.
Defined in Section 260.010 of the Municipal Code.
Any school, child daycare center, or church with a written
building permit from the City 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. 3177, 3-7-2023]
Marijuana businesses shall be required to have a City business license as required in Chapter 605, but shall not be required to have any other City-issued license.
[Ord. No. 3177, 3-7-2023]
A.
A marijuana facility may not be located within one thousand (1,000)
feet of a then existing elementary or secondary school, State-licensed
child daycare center, or church.
B.
In the case of a freestanding facility, the distance between the
facility and the school, daycare, or church shall be measured from
the external wall of the facility structure closest in proximity to
the school, daycare, or church to the closest point of the property
line of the school, daycare, or church. If the school, daycare, 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, daycare, or church closest in proximity to the facility.
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, daycare, or church shall be measured from the property
line of the school, daycare, or church to the facility's entrance
or exit closest in proximity to the school, daycare, or church. If
the school, daycare, 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, daycare, or church closest
in proximity to the facility. Measurements shall be made along the
shortest path between the demarcation points that can be lawfully
traveled by foot.
C.
No marijuana facility shall be located closer than one thousand (1,000)
feet to any other marijuana facility except when marijuana sales represent
less than five percent (5%) of the dollar volume of business in a
State or Federally licensed pharmacy. Measurements shall be calculated
in the same manner as for distance from schools.
D.
No marijuana facility shall be located within one thousand (1,000)
feet of a residentially zoned district.
E.
The Board of Aldermen may reduce the distances in this Section by
resolution if an applicant shows good cause for the same. The determination
of what constitutes good cause shall be at the sole discretion of
the Board of Aldermen.
F.
All marijuana facilities shall install and operate a ventilation
system that will prevent any odor of marijuana from leaving the premises
of the business. No odors shall be detectable by a person with a normal
sense of smell outside the boundary of the parcel on which the facility
is located.
[Ord. No. 3177, 3-7-2023]
A.
Marijuana dispensaries shall not be open to the public or make any
sales between the hours of 10:00 P.M. and 8:00 A.M. on Sunday evening
to Thursday morning. Marijuana dispensaries shall not be open to the
public or make any sales between the hours of 12:00 A.M. and 8:00
A.M. on Friday evening to Sunday morning.
B.
No marijuana, of any type, may be consumed on the premises of a marijuana
dispensary, nor shall the licensee permit such consumption.
C.
Any medical marijuana dispensary shall require any customer to display
the customer's permit card from the Department 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 marijuana dispensary shall have displayed its State-issued license,
visible to the public, at all times.
F.
Each marijuana dispensary shall be operated from a permanent and
fixed location. No marijuana dispensary shall be permitted to operate
from a moveable, mobile, or transitory location. This Subsection shall
not prevent the physical delivery of marijuana to a customer, patient,
or the patient's primary caregiver at a location off of the premises
of the permittee's marijuana dispensary, to the extent so allowed
by law, if:
1.
The marijuana was lawfully purchased;
2.
The marijuana is delivered only by the permittee or an employee
of the permittee;
3.
The marijuana is delivered only by the use of a motor vehicle,
bicycle, or other lawful means of transportation; marijuana may not
be delivered by drone or any remotely operated vehicle, or by any
self-navigating vehicle unless a human occupies such self-navigating
vehicle.
G.
Marijuana accessories designed or intended for use in consuming marijuana
may be sold at a marijuana dispensary.
H.
A marijuana dispensary shall provide adequate security on the premises
of the 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 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.
Alarm systems that are professionally monitored and maintained
in good working conditions;
3.
A locking safe permanently affixed to the premises, or a locked
secure storage room, 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 Code of Ordinances.
[Ord. No. 3177, 3-7-2023]
Marijuana dispensaries may operate an off-site storage facility
for the storage of products and inventory. A single off-site storage
facility may only be used by a single entity licensed as a marijuana
dispensary. An off-site storage facility shall not be open to the
public. An off-site storage facility shall comply with the same requirements
of a marijuana dispensary in regard to location, security, and odor
control.
[Ord. No. 3177, 3-7-2023]
A.
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 Aldermen.
B.
No marijuana may be smoked, ingested, or otherwise consumed on the
premises of any marijuana-infused products manufacturing facility
at any time.
C.
The 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.
D.
The City may revoke the business license of the facility for violations
of this Chapter after notice and an opportunity for a hearing.
[Ord. No. 3177, 3-7-2023]
A.
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 Aldermen.
B.
No marijuana may be smoked, ingested, or otherwise consumed on the
premises of any marijuana cultivation or testing facility at any time.
C.
The marijuana cultivation or testing 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.
D.
The City may revoke the business license of the facility for violations
of this Chapter after notice and an opportunity for a hearing.
[Ord. No. 3177, 3-7-2023]
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. 3177, 3-7-2023]
A.
No edible marijuana-infused product, packaging, or logo sold in this
City pursuant to Article XIV of the Missouri Constitution shall be
designed in the shape of a human, animal, or fruit, including realistic,
artistic, caricature, or cartoon renderings. However, geometric shapes,
including, but not limited to, circles, squares, rectangles, and triangles
shall be permitted.
B.
Each package, or packages with or within a package, containing an
edible marijuana-infused product with ten (10) or more milligrams
of tetrahydrocannabinol (THC) shall be stamped with a universal symbol
for such products, which shall consist of the following:
1.
A diamond containing the letters "THC";
2.
The letter "M" located under the "THC" within the diamond, to
signify that the product is for medical purposes; and
3.
The number of milligrams of THC in the package.
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The universal symbol shall be placed on the front of the package
in red and white print and shall measure one-half (1/2) inch by one-half
(1/2) inch from point to point.
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