City of Chillicothe, MO
Livingston County
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Table of Contents
Table of Contents
[Ord. No. 2019-42, 6-10-2019]
For the purposes of this Chapter, the following words and phrases shall have the meanings set forth in this Section:
ADMINISTER
The direct application of marijuana to a qualifying patient by way of any of the following methods:
1. 
Ingestion of capsules, teas, oils, and other marijuana-infused products;
2. 
Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils;
3. 
Application of ointments or balms;
4. 
Transdermal patches and suppositories;
5. 
Consuming marijuana-infused food products; or
6. 
Any other method recommended by a qualifying patient's physician.
CHURCH
A permanent building primarily and regularly used as a place of religious worship.
DAYCARE
A child-care facility, as defined by Section 210.201, RSMo., that is licensed by the State of Missouri.
DEPARTMENT
The Missouri Department of Health and Senior Services, or its successor agency.
DISQUALIFYING FELONY OFFENSE
A violation of, and conviction of or guilty plea to, State or Federal law that is, or would have been, a felony under Missouri law, regardless of the sentence imposed, unless the department determines that:
1. 
The person’s conviction was for the medical use of marijuana or assisting in the medical use of marijuana;
2. 
The person’s conviction was for a non-violent crime for which he or she was not incarcerated and that is more than (5) five years old; or
3. 
More than (5) five years have passed since the person was released from parole or probation, and he or she has not been convicted of any subsequent criminal offenses.
ELEMENTARY OR SECONDARY SCHOOL
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 twelfth (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.
1. 
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
2. 
An outdoor stationary structure:
a. 
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;
b. 
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
c. 
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.
ENTITY
A natural person, corporation, professional corporation, nonprofit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.
FLOWERING PLANT
A marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.
IDENTIFICATION CARD
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.
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" do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent 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 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.
MEDICAL MARIJUANA DISPENSARY 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 Chapter 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.
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.
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the department to acquire, test, certify, and transport marijuana.
MEDICAL MARIJUANA TRANSPORTATION FACILITY
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.
MEDICAL USE
The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia used to administer marijuana or a marijuana-infused product, for the benefit of a qualifying patient to mitigate the symptoms or effects of the patient's qualifying medical condition.
PHYSICIAN
An individual who is licensed and in good standing to practice medicine or osteopathy under Missouri law.
1. 
A license is in good standing if it is registered with the Missouri Board of Healing Arts as current, active, and not restricted in any way, such as by designation as temporary or limited.
2. 
Practice of medicine or osteopathy means practice by persons who hold a physician and surgeon license pursuant to Chapter 334, RSMo., including those who are admitted to practice in Missouri by reciprocity pursuant to Section 334.043, RSMo.
PHYSICIAN CERTIFICATION
A document, whether handwritten, electronic or in another commonly used format, signed by a physician and stating that, in the physician's professional opinion, the patient suffers from a qualifying medical condition.
PRIMARY CAREGIVER
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.
PUBLIC PLACE
Any public or private property, or portion of public or private property, that is open to the general public, including, but not limited to, sidewalks, streets, bridges, parks, schools, and businesses. However, for purposes of designating a non-public place within a public place, the owner or entity with control of any such property may, but is not required to, provide one (1) or more enclosed, private spaces where one (1) qualifying patient and, if required by the owner or entity with control of any such property, a representative of such owner or entity, may congregate for the qualifying patient to consume medical marijuana. The qualifying patient may be accompanied by the family of the qualifying patient, the qualifying patient’s primary caregiver, and/or the qualifying patient’s physician. The owner or entity with control of any such property may provide such a space by individual request or designate such a space for ongoing use and may limit use of medical marijuana in that space to uses that do not produce smoke. Any such permission shall be given in writing and provided to the qualifying patient or publicly posted prior to a qualifying patient’s use of medical marijuana in that space.
QUALIFYING MEDICAL CONDITION
The condition of, symptoms related to, or side-effects from the treatment of:
1. 
Cancer;
2. 
Epilepsy;
3. 
Glaucoma;
4. 
Intractable migraines unresponsive to other treatment;
5. 
A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including but not limited to those associated with multiple sclerosis, seizures, Parkinson's disease, and Tourette's syndrome;
6. 
Debilitating psychiatric disorders, including, but not limited to, post-traumatic stress disorder, if diagnosed by a State licensed psychiatrist;
7. 
Human immunodeficiency virus or acquired immune deficiency syndrome;
8. 
A chronic medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication;
9. 
Any terminal illness; or
10. 
In the professional judgment of a physician, any other chronic, debilitating or other medical condition, including, but not limited to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn's disease, Huntington's disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer's disease, cachexia, and wasting syndrome.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying medical condition.
OTHER DEFINITIONS
All other definitions contained in 29 CSR 30-95.010 are incorporated herein by reference. In the event of a conflict between the definitions contained in this Section and those in 29 CSR 30-95.010, the definitions in 29 CSR 30- 95.010 shall control.
[Ord. No. 2019-42, 6-10-2019]
No qualifying patient shall consume marijuana for medical use in a public place, unless provided by law. Violation of this prohibition shall subject the violator to sanctions as provided by general law.
[Ord. No. 2019-42, 6-10-2019]
A. 
No sales of medical marijuana shall be made to non-emancipated qualifying patients under eighteen (18) years of age in a manner consistent with State law except with consent of the patient’s parent or guardian.
B. 
A physician shall not issue a certification for the medical use of marijuana for a non-emancipated qualifying patient under the age of eighteen (18) without the written consent of the qualifying patient’s parent or legal guardian.
C. 
Only a parent or guardian may serve as a primary caregiver for a non-emancipated qualifying patient under the age of eighteen (18). Only the qualifying patient’s parent or guardian shall purchase or possess medical marijuana for a non-emancipated qualifying patient under the age of eighteen. A parent or guardian shall supervise the administration of medical marijuana to a non-emancipated qualifying patient under the age of eighteen (18).
[Ord. No. 2019-42, 6-10-2019]
A. 
All marijuana for medical use sold in Missouri shall be cultivated in a licensed medical marijuana cultivation facility located in Missouri.
B. 
All marijuana-infused products for medical use sold in the State of Missouri shall be manufactured in a medical marijuana-infused products manufacturing facility.
[Ord. No. 2019-42, 6-10-2019]
A. 
Except as provided by State law, the possession of marijuana in quantities less than the limits of provided by State law, or established by the department, and transportation of marijuana from a medical marijuana dispensary facility to the qualifying patient’s residence shall not subject the possessor to arrest, criminal or civil liability, or sanctions under Missouri law, provided that the possessor produces on demand to the appropriate authority a valid qualifying patient identification card; a valid qualifying patient cultivation identification card; a valid physician certification while making application for an identification card; or a valid primary caregiver identification card. Production of the respective equivalent identification card or authorization issued by another State or political subdivision of another State shall also meet the requirements of this Subsection.
B. 
All medical marijuana purchased from a dispensary must be stored in or with its original packaging.
[Ord. No. 2019-42, 6-10-2019]
A. 
A primary caregiver shall be in violation of this Chapter for purchasing, transporting, or administering marijuana for medical use to a qualifying patient or participating in the patient cultivation of more than six (6) flowering marijuana plants per patient, or in a manner not consistent with State law, or generally not in accordance with established legal standards of personal or professional conduct.
B. 
No individual shall serve as the primary caregiver for more than three (3) qualifying patients.
[Ord. No. 2019-42, 6-10-2019]
No person shall consume marijuana for medical use in a jail.
[Ord. No. 2019-42, 6-10-2019]
A. 
It shall be a violation of this Chapter to:
1. 
Undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice; or
2. 
Operate, navigate, or be in actual physical control of any dangerous device or motor vehicle, aircraft or motorboat while under the influence of marijuana.
[Ord. No. 2019-42, 6-10-2019]
A. 
No medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, or entity with a transportation certification shall be owned, in whole or in part, or have as an officer, director, board member, manager, or employee, any individual with a disqualifying felony offense. A “disqualifying felony offense” is a violation of, and conviction or guilty plea to, State or Federal law that is, or would have been, a felony under Missouri law, regardless of the sentence imposed, unless the department determines that:
1. 
The person’s conviction was for the medical use of marijuana or assisting in the medical use of marijuana; or
2. 
The person’s conviction was for a non-violent crime for which he or she was not incarcerated and that is more than five (5) years old; or
3. 
More than five (5) years have passed since the person was released from parole or probation, and he or she has not been convicted of any subsequent criminal offenses.
[Ord. No. 2019-42, 6-10-2019]
A. 
No medical marijuana cultivation facility, medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility shall manufacture, package or label marijuana or marijuana-infused products in a false or misleading manner. No person shall sell any product in a manner designed to cause confusion between a marijuana or marijuana-infused product and any product not containing marijuana.
B. 
Edible marijuana-infused products shall not contain contaminants injurious to human health, or are incorrectly labeled, or fail to correctly state the potency of the product.
[Ord. No. 2019-42, 6-10-2019]
All edible marijuana-infused products shall be sold in individual, child-resistant containers that are labeled with dosage amounts, instructions for use, and estimated length of effectiveness. All marijuana and marijuana-infused products shall be sold in containers clearly and conspicuously labeled, in a font size at least as large as the largest other font size used on the package, as containing "Marijuana," or a "Marijuana-Infused Product."
[Ord. No. 2019-42, 6-10-2019]
A. 
Cultivation Restrictions.
1. 
All qualifying patient cultivation shall take place in an enclosed, locked facility that is equipped with security devices that permit access only by the qualifying patient or by such patient’s primary caregiver. Two (2) qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one (1) enclosed, locked facility. No more than twelve (12) qualifying patient or primary caregiver cultivated flowering marijuana plants may be cultivated in a single, enclosed locked facility, except when a primary caregiver also holds a qualifying patient cultivation identification card, in which case no more than eighteen (18) flowering marijuana plants may be cultivated in a single, enclosed, locked facility.
2. 
All qualifying patient cultivation facilities must be registered with the City, and the patient must agree the facility is subject to inspection to assure compliance with this Chapter and State law. Such access is only for purposes of confirming compliance with this Chapter and State law and will be limited to the enclosed locked facility and any areas necessary to reach and enter the facility on a path of the patient’s or primary caregiver’s choosing.
B. 
Purchase And Possession Limitations.
1. 
Qualifying patients may only purchase or have purchased on their behalf by their primary caregivers, four (4) ounces of dried, unprocessed marijuana per qualifying patient, or its equivalent, in a thirty- (30-) day period.
2. 
Qualifying patients may only possess, or instruct a primary caregiver to possess on their behalf:
a. 
In the case of qualifying patients who do not cultivate or have medical marijuana cultivated on their behalf, up to a sixty- (60-) day supply of dried, unprocessed marijuana per qualifying patient, or its equivalent; or
b. 
In the case of qualifying patients cultivating marijuana for medical use may possess up to a ninety- (90-) day supply, so long as the supply remains on property under their control. Any such limit shall not apply to a qualifying patient with written certification from two (2) independent physicians that there are compelling reasons for additional amounts.
[Ord. No. 2019-42, 6-10-2019]
A. 
No medical marijuana cultivation facility, medical marijuana testing facility, or medical marijuana-infused products manufacturing facility shall be sited within one hundred (100) feet of any then-existing elementary or secondary school, child daycare center, or church.
B. 
No medical marijuana dispensary facility shall be sited within one hundred (100) feet of any then-existing elementary or secondary school, child daycare center, or church.
1. 
In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the front door of the facility structure closest in proximity to the school, daycare, or church to the front door of the school, daycare, or church.
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, daycare, or church shall be measured from front door of the school, daycare, or church to the facility’s front door.
3. 
Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
[Ord. No. 2019-42, 6-10-2019]
Before any person shall be entitled to use, cultivate, manufacture, sell or distribute medical marijuana within the City, the person must have first satisfied all the requirements of the medical marijuana laws of the State of Missouri and must provide written proof of the issuance of the applicable State medical marijuana license for such activity.
[Ord. No. 2019-42, 6-10-2019]
Each medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana testing facility, or medical marijuana-infused products manufacturing facility shall obtain a business license from the City. At the time of application for the license the licensee shall present to the City a valid State license for the facility.
[Ord. No. 2019-42, 6-10-2019]
A. 
Each Medical Marijuana Dispensary facility shall meet the following requirements:
1. 
Must be located within a "C-1," "C-2," or "C-3" zoning district.
2. 
Must obtain other required City licenses and permits. The facility must meet all current building and technical codes, and all State license requirements.
3. 
Must either own the location or a notarized statement from the owner of such property authorizing the business at the location.
4. 
Must have a valid State license for the location.
5. 
Must not be located in a building or structure that contains a residential unit.
6. 
Must 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 does not prevent the physical delivery of medical marijuana to a patient or the patient’s primary caregiver at a location off the premises of the permittee’s medical marijuana dispensary if:
a. 
The marijuana was lawfully purchased by the patient or the patient’s primary caregiver from the permittee’s medical marijuana dispensary;
b. 
The marijuana is delivered only to the patient or the patient’s primary caregiver;
c. 
The marijuana is delivered only by the permittee or an employee of the permittee; and
d. 
The marijuana is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation.
7. 
No Medical Marijuana Dispensary shall be operated as a “home occupation.”
8. 
A Medical Marijuana Dispensary may open no earlier than 8:00 a.m. and shall close no later than 9:00 p.m. the same day. A medical marijuana dispensary may be open seven (7) days a week.
9. 
All signage for a Medical Marijuana Dispensary shall comply with the requirements of this Code. In addition, no permittee shall display a sign for the Medical Marijuana Dispensary that contains the word “marijuana” or a graphic image of any portion of a marijuana plant.
10. 
There shall be posted in a conspicuous location in each medical marijuana dispensary a legible sign containing the following warnings:
a. 
A warning that the diversion of marijuana for non-medical purposes is a violation of State law;
b. 
A warning that the use of medical marijuana may impair a person’s ability to drive a motor vehicle or operate machinery, and that it is illegal under State law to drive a motor vehicle or to operate machinery when under the influence of or impaired by marijuana; and
c. 
A warning that possession and distribution of marijuana is a violation of Federal law.
11. 
The consumption or inhalation of marijuana on or within the premises of a Medical Marijuana Dispensary is prohibited.
12. 
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 qualifying patients or primary caregivers.
13. 
The sale or consumption of an alcoholic beverage within a Medical Marijuana Dispensary is prohibited.
14. 
Signage and advertising on facility premises must comply with the following:
a. 
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.
b. 
Outdoor signage and, if visible to the public, interior signage, must comply with any ordinances for signs or advertising and:
(1) 
May not display any text other than the facility’s business name or trade name, address, phone number, and website; and
(2) 
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.
15. 
The Medical Marijuana Dispensary facility must meet all State requirements for design and staffing of the facility.
16. 
A permittee shall provide adequate security on the premises of a Medical Marijuana Dispensary, including, but not limited to, the following:
a. 
Devices or a series of devices to detect unauthorized intrusion, which may include a signal system interconnected with a radio frequency method, such as cellular or private radio signals, or other mechanical or electronic devices.
b. 
Except in the case of outdoor cultivation, exterior lighting to facilitate surveillance, which shall cover the exterior and perimeter of the facility.
c. 
Electronic video monitoring, including:
(1) 
At least one (1) call-up monitor that is nineteen (19) inches or more;
(2) 
A printer capable of immediately producing a clear still photo from any video camera image;
(3) 
Video cameras with a recording resolution of at least 1920 x 1080, or the equivalent, at a rate of at least fifteen (15) frames per second, that operate in such a way as to allow identification of people and activities in the monitored space, in all lighting levels, that are capable of being accessed remotely by the department or a law enforcement agency in real time upon request, and that provide coverage of:
(a) 
All entrances and exits of the facility, including windows, and all entrances and exits from limited access areas;
(b) 
The perimeter and exterior areas of the facility, including the entirety of any outdoor cultivation grow area;
(c) 
Each point-of-sale location;
(d) 
All vaults or safes; and
(e) 
All medical marijuana, from at least two (2) angles, where it is cultivated, cured, trimmed, processed, rendered unusable, and disposed.
(4) 
A method for storing recordings from the video cameras for at least sixty (60) days in a secure on-site or off-site location or through a service or network that provides on-demand access to the recordings and that allows for providing copies of the recordings to the department upon request and at the expense of the facility;
(5) 
A failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system; and
(6) 
Sufficient battery backup for video cameras and recording equipment to support at least sixty (60) minutes of recording in the event of a power outage.
d. 
Controlled entry to limited access areas, which shall be controlled by electronic card access systems, biometric identification systems, or other equivalent means, except that, in addition to these means, all external access doors shall be equipped with a locking mechanism that may be used in case of power failure. Access information shall be recorded, and all records of entry shall be maintained for at least one (1) year.
e. 
A method of immediate, automatic notification to alert local law enforcement agencies of an unauthorized breach of security at the facility.
f. 
Manual, silent alarms at each point-of-sale, reception area, vault, and electronic monitoring station with capability of alerting local law enforcement agencies immediately of an unauthorized breach of security at the facility.
g. 
Shall store all medical marijuana:
(1) 
At the State approved location within the facility; or
(2) 
In off-site warehouses that comply with the security requirements of 19 CSR 30- 95.040(4)(H), the location requirements of 19 CSR 30-95.040(4)(B), and that have been approved pursuant to 19 CSR 30-95.040(3)(C).
[Ord. No. 2019-42, 6-10-2019]
A. 
Each Medical Marijuana Cultivation Facility, Medical marijuana testing facility, or Medical Marijuana-Infused Products Manufacturing Facility shall meet the following requirements:
1. 
Must be located within an "I-1" or "I-2" zoning district.
2. 
Must meet all State licensing requirements.
[Ord. No. 2019-42, 6-10-2019]
No person shall extract resins from marijuana using dangerous materials or combustible gases without a Medical Marijuana-Infused Products Manufacturing Facility license.
[Ord. No. 2019-42, 6-10-2019]
Any person who shall violate any provision of this Chapter shall be deemed to have committed an offense punishable under Section 100.340 of this Code of City ordinances.