[1]
Editor's Note: Ord. No. 2023-11, adopted 2-13-2023, amended
former Ch. 650, Medical Marijuana, in its entirety. Prior history
includes: Ord. No. 2019-42 and Ord. No. 2019-58.
[Ord. No. 2023-11, 2-13-2023]
For the purposes of this Chapter, the following words and phrases
shall have the meanings set forth in this Section:
The direct application of marijuana by way of any of the
following methods:
Ingestion of capsules, teas, oils, and other marijuana-infused
products;
Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils, and other marijuana-infused products;
Application of ointments or balms;
Transdermal patches and suppositories;
Consuming marijuana-infused food products; or
Any other method recommended by a qualifying patient's
physician or nurse practitioner.
A permanent building primarily and regularly used as a place
of religious worship.
A comprehensive marijuana cultivation facility, 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 medical facility, comprehensive facility,
or marijuana testing 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 as provided for in this Section to a qualifying patient or primary caregiver, as those terms are defined in Section I of Article XIV of the Missouri Constitution, 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 Article XIV of the Missouri Constitution and as otherwise allowed by law to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive 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, as set forth in this Article XIV of the Missouri Constitution 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 medical facility,
comprehensive facility, or marijuana testing facility, and sell marijuana-infused
products, prerolls, and infused prerolls to a marijuana dispensary
facility, a marijuana testing facility, or another 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.
A person who is at least twenty-one (21) years of age.
A child-care facility, as defined by Section 210.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
The Missouri Department of Health and Senior Services, or
its successor agency.
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:
The person's conviction was for the medical use of marijuana
or assisting in the medical use of marijuana;
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
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.
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 consumers,
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 consumers, qualifying patient(s) or primary caregiver(s)
who have informed the Department that this is the space where they
will cultivate marijuana.
A natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited-liability company, general or limited partnership,
limited-liability partnership, joint venture, or any other legal entity.
A marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
A document, whether in paper or electronic format, issued
by the Department that authorizes a consumer cultivator, qualifying
patient, primary caregiver, or employee or contractor of a licensed
facility to access marijuana as provided by law.
A consumable or smokable marijuana product, generally consisting
of: (1) a wrap or paper, (2) dried flower, buds, and/or plant material,
and (3) a concentrate, oil or other type of marijuana extract, either
within or on the surface of the product. Infused prerolls may or may
not include a filter or crutch at the base of the product.
Means 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.
Means a comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, marijuana testing facility, comprehensive
marijuana-infused products manufacturing facility, microbusiness wholesale
facility, microbusiness dispensary facility, or any other type of
marijuana-related facility or business licensed or certified by the
Department pursuant to this Section, but shall not include a medical
facility licensed Missouri 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 as defined by Missouri
statute, or commodities or products manufactured from industrial hemp.
A facility certified by the Department to acquire, test,
certify, and transport marijuana, including those originally licensed
as a medical marijuana testing facility.
A facility certified by the Department to transport marijuana,
marijuana seeds, clones, and marijuana-infused products to or from
a marijuana facility or medical facility; or to a qualifying patient,
primary caregiver, or consumer.
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
Any medical marijuana cultivation facility, medical marijuana
dispensary facility, or medical marijuana-infused products manufacturing
facility, as defined in this Section.
A facility licensed by the Department to acquire, cultivate,
process, package, store on-site or off-site, transport to and from,
and sell marijuana, marijuana seeds, and marijuana vegetative cuttings
(also known as "clones") to a medical marijuana dispensary facility,
medical marijuana testing facility, medical marijuana cultivation
facility, or to a medical marijuana-infused products manufacturing
facility. A medical marijuana cultivation facility's authority
to process marijuana shall include the production and sale 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 and from, and
deliver marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as "clones"), marijuana-infused products, and drug paraphernalia
used to administer marijuana as provided for in this Chapter to a
qualifying patient, a primary caregiver, anywhere on the licensed
property or to any address as directed by the patient or primary caregiver,
so long as the address is a location allowing for the legal possession
of marijuana, another medical marijuana dispensary facility, a marijuana
testing facility, a medical marijuana cultivation facility, or a medical
marijuana-infused products manufacturing facility. Dispensary facilities
may receive transaction orders at the dispensary in person, by phone,
or via the internet, including from a third party. A medical marijuana
dispensary facility's authority to process marijuana shall include
the production and sale 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, manufacture, transport to and
from, and sell marijuana-infused products to a medical marijuana dispensary
facility, a marijuana testing facility, a medical marijuana cultivation
facility, or to another medical marijuana-infused products manufacturing
facility.
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.
An individual who is licensed and in good standing as an
advanced practice registered nurse, or successor designation, under
Missouri law.
All other definitions contained in Missouri Constitutional
Amendment XIV as approved on November 8, 2022, and in 29 CSR 30-95.010
are incorporated herein by reference. In the event of a conflict between
the definitions contained in this Chapter and those in Missouri Constitutional
Amendment XIV or 29 CSR 30-95.010, the definitions in Missouri Constitutional
Amendment XIV or 29 CSR 30-95.010 shall control.
See definition of "qualifying patient."
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law. 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. 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.
A document, whether handwritten, electronic or in another
commonly used format, signed by a physician or nurse practitioner
and stating that, in the physician's or nurse practitioner's
professional opinion, the patient suffers from a qualifying medical
condition.
A consumable or smokable marijuana product, generally consisting
of: (1) a wrap or paper and (2) dried flower, buds, and/or plant material.
Prerolls may or may not include a filter or crutch at the base of
the product.
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 Chapter or in other
written notification to the Department.
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.
The condition of, symptoms related to, or side effects from,
the treatment of:
Cancer;
Epilepsy;
Glaucoma;
Intractable migraines unresponsive to other treatment;
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;
Debilitating psychiatric disorders, including, but not limited
to, post traumatic stress disorder, if diagnosed by a State-licensed
psychiatrist;
Human immunodeficiency virus or acquired immune deficiency syndrome;
A chronic medical condition that is normally treated with a
prescription medication that could lead to physical or psychological
dependence, when a physician or nurse practitioner determines that
medical use of marijuana could be effective in treating that condition
and would serve as a safer alternative to the prescription medication;
Any terminal illness; or
In the professional judgment of a physician or nurse practitioner,
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.
An individual diagnosed with at least one (1) qualifying
medical condition.
Means that the measures necessary to comply with the rules
or ordinances adopted pursuant to this Section subject licensees or
potential licensees to such a high investment of money, time, or any
other resource or asset that a reasonably prudent businessperson would
not operate the marijuana facility.
[Ord. No. 2023-11, 2-13-2023]
A.Â
Use of marijuana is restricted in these places:
1.Â
No person shall consume marijuana in a public place, unless
permitted by law.
2.Â
No person shall smoke marijuana in a location where smoking
tobacco is prohibited.
3.Â
No consumption of marijuana, including, but not limited to,
consumption by smoking, is permitted on any City-owned property, including
City parks.
[Ord. No. 2023-11, 2-13-2023]
A.Â
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.Â
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. 2023-11, 2-13-2023]
A.Â
The following acts are prohibited:
1.Â
Delivery or distribution of marijuana or marijuana accessories, with or without consideration, to a person younger than twenty-one (21) years of age, except as permitted by Section 650.030.
[Ord. No. 2023-11, 2-13-2023]
All marijuana purchased from a dispensary must be stored in
or with its original packaging.
[Ord. No. 2023-11, 2-13-2023]
Any qualifying patient or his or her primary caregiver shall
possess an identification card issued by the Department.
[Ord. No. 2023-11, 2-13-2023]
No person shall consume marijuana in a jail or other police
facility or vehicle.
[Ord. No. 2023-11, 2-13-2023]
A.Â
It shall be a violation of this Chapter to:
1.Â
Undertake any task under the influence of marijuana when doing
so would constitute negligence, recklessness, or professional malpractice.
2.Â
Operate, navigate, or be in actual physical control of any dangerous
device or motor vehicle, aircraft, or motorboat while under the influence
of marijuana. Notwithstanding the foregoing, an arrest or a conviction
of a person who has a valid qualifying patient identification card
for any applicable offenses shall require evidence that the person
was in fact under the influence of marijuana at the time the person
was in actual physical control of the dangerous device or motor vehicle,
aircraft, or motorboat and not solely on the presence of tetrahydrocannabinol
(THC) or THC metabolites, or a combination thereof, in the person's
system.
3.Â
Consume marijuana while operating or being in physical control
of a motor vehicle, train, aircraft, motorboat, or other motorized
form of transport while it is being operated.
4.Â
Smoke marijuana within a motor vehicle, train, aircraft, motorboat,
or other motorized form of transport while it is being operated.
5.Â
Possess or consume marijuana or possession of marijuana accessories
on the grounds of a public or private preschool, elementary or secondary
school, institution of higher education, in a school bus, or on the
grounds of any correctional facility.
6.Â
Do any conduct that endangers others while consuming or being
under the influence of marijuana.
7.Â
Perform solvent-based extractions on marijuana using solvents
other than water, glycerin, propylene glycol, vegetable oil, or food-grade
ethanol, unless licensed for this activity by the Department.
8.Â
Delivery or distribution of marijuana or marijuana accessories,
with or without consideration, to a person younger than twenty-one
(21) years of age.
9.Â
Purchase, possession, use, or transport of marijuana or marijuana
accessories by a person younger than twenty-one (21) years of age
except as otherwise permitted by law.
10.Â
Consumption of marijuana by a person younger than twenty-one
(21) years of age except as permitted for medical marijuana.
11.Â
Smoke marijuana in a location where smoking tobacco is prohibited.
12.Â
The consume marijuana-infused products within designated areas,
including the preparation of culinary dishes or beverages by local
restaurants for on-site consumption on the same day it is prepared,
unless notice is posted giving all employees and customers of such
restaurants of the fact marijuana-infused products are being consumed
or prepared on-site.
[Ord. No. 2023-11, 2-13-2023]
Edible marijuana-infused products shall not contain contaminants
injurious to human health, or be incorrectly labeled, or fail to correctly
state the potency of the product.
[Ord. No. 2023-11, 2-13-2023]
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. 2023-11, 2-13-2023]
A.Â
Except for good cause, a person at least twenty-one (21) years of
age after obtaining a registration card from the Department may cultivate
up to six (6) flowering marijuana plants, six (6) non-flowering marijuana
plants (over fourteen (14) inches tall), and six (6) clones (plants
under fourteen (14) inches tall) for non-commercial use, provided:
1.Â
The plants and any marijuana produced by the plants in excess
of three (3) ounces are kept at one (1) private residence, are in
a locked space, and are not visible by normal, unaided vision from
a public place; and
2.Â
Not more than twelve flowering marijuana plants are kept in
or on the grounds of a private residence at one (1) time.
[Ord. No. 2023-11, 2-13-2023]
A.Â
No marijuana facility, medical marijuana cultivation facility, medical
marijuana testing facility, medical marijuana transportation 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, except that
when an elementary or secondary school, child daycare center, or church
shall be established within one hundred (100) feet of any place of
business licensed as a marijuana facility, medical marijuana cultivation
facility, medical marijuana testing facility, medical marijuana transportation
facility, or medical marijuana-infused products manufacturing facility,
after said license has been obtained by such business, then such place
of business is not subject to this requirement for renewal of its
license.
B.Â
For the purpose of determining such distance between such premises
and churches, schools or daycare centers, measurement shall be had
in the most direct line from the front door of the premises of the
marijuana facility to the front door of the church, daycare, or school
building.
[Ord. No. 2023-11, 2-13-2023]
Each medical marijuana cultivation facility, medical marijuana
dispensary facility, medical marijuana testing facility, medical marijuana
transportation 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. 2023-11, 2-13-2023]
A.Â
Each medical marijuana dispensary facility and marijuana dispensary
facility shall meet the following requirements:
1.Â
Must be located within a zoning district other than any "R"
Residential District.
2.Â
Must obtain other required City licenses and permits. The facility
must meet all current building and technical codes and all State license
requirements.
3.Â
Must either own the location or have a notarized statement from
the owner of such property authorizing the business at the location.
4.Â
Must have a valid State license for the location.
5.Â
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.Â
The marijuana was lawfully purchased by the patient or the patient's
primary caregiver from the permittee's medical marijuana dispensary;
b.Â
The marijuana is delivered only to the patient or the patient's
primary caregiver;
c.Â
The marijuana is delivered only by the permittee or an employee
of the permittee; and
d.Â
The marijuana is delivered only by the use of a motor vehicle,
bicycle, or other lawful means of transportation.
6.Â
No medical marijuana dispensary facility or marijuana dispensary
facility shall be operated as a "home occupation."
7.Â
A medical marijuana dispensary facility or marijuana dispensary
facility 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.
8.Â
All signage for a medical marijuana dispensary facility or marijuana
dispensary facility shall comply with the requirements of this Code.
In addition, no permittee shall display a sign for the medical marijuana
dispensary facility or marijuana dispensary facility that contains
the word "marijuana" or a graphic image of any portion of a marijuana
plant.
9.Â
There shall be posted in a conspicuous location in each medical
marijuana dispensary facility or marijuana dispensary facility a legible
sign containing the following warnings:
a.Â
A warning that the diversion of medical marijuana for non-medical
purposes is a violation of State law;
b.Â
A warning that the use of 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.Â
A warning that possession and distribution of marijuana is a
violation of Federal law.
10.Â
The consumption or inhalation of marijuana on or within the
premises of a medical or comprehensive marijuana dispensary is prohibited.
11.Â
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 or comprehensive marijuana dispensary.
12.Â
The sale or consumption of an alcoholic beverage within a medical
or comprehensive marijuana dispensary is prohibited.
13.Â
Signage and advertising on facility premises must comply with
the following:
a.Â
A facility may not display marijuana, marijuana paraphernalia
or accessories, or advertisements for these items in a way that is
visible to the general public from a public right-of-way.
b.Â
Outdoor signage and, if visible to the public, interior signage,
must comply with any ordinances for signs or advertising, and:
(1)Â
May not display any text other than the facility's
business name or trade name, address, phone number, and website; and
(2)Â
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.
14.Â
The medical or comprehensive marijuana dispensary facility must
meet all State requirements for design and staffing of the facility.
15.Â
A permittee shall provide adequate security on the premises
of a medical or comprehensive marijuana dispensary, including, but
not limited to, the following:
a.Â
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.Â
Except in the case of outdoor cultivation, exterior lighting
to facilitate surveillance, which shall cover the exterior and perimeter
of the facility;
c.Â
Electronic video monitoring, including:
(1)Â
At least one (1) call-up monitor that is nineteen
(19) inches or more;
(2)Â
A printer capable of immediately producing a clear
still photo from any video camera image;
(3)Â
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)Â
All entrances and exits of the facility, including
windows, and all entrances and exits from limited access areas;
(b)Â
The perimeter and exterior areas of the facility,
including the entirety of any outdoor cultivation grow area;
(c)Â
Each point-of-sale location;
(d)Â
All vaults or safes; and
(e)Â
All medical marijuana, from at least two (2) angles,
where it is cultivated, cured, trimmed, processed, rendered unusable,
and disposed;
(4)Â
A method for storing recordings from the video
cameras for at least (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)Â
A failure notification system that provides an
audible and visual notification of any failure in the electronic monitoring
system; and
(6)Â
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.Â
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.Â
A method of immediate, automatic notification to alert local
law enforcement agencies of an unauthorized breach of security at
the facility;
f.Â
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; and
g.Â
Shall store all marijuana:
[Ord. No. 2023-11, 2-13-2023]
A.Â
No marijuana facility shall:
1.Â
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 marijuana
or a marijuana-infused product and any product not containing marijuana.
2.Â
Not sell edible marijuana-infused candy in shapes or packages
that are attractive to children or that are easily confused with commercially
sold candy that does not contain marijuana.
3.Â
Not sell any marijuana and marijuana-infused products except
in individual, child-resistant containers that are labeled with serving
amounts, instructions for use, and estimated length of effectiveness.
All marijuana and marijuana-infused products shall be sold in containers
clearly and conspicuously labeled, as mandated by the Department,
as containing "marijuana" or a "marijuana-infused product."
4.Â
Not allow cultivation, manufacturing, sale, or display of marijuana,
marijuana-infused products, or marijuana accessories to be visible
from a public place outside of the marijuana facility without the
use of binoculars, aircraft, or other optical aids.
5.Â
Not cultivate, manufacture, test, sell, or store marijuana at
any location other than a physical address approved by the Department
and within an enclosed area that is secured in a manner that prevents
access by persons not permitted by the marijuana facility to access
the area.
B.Â
A marijuana facility shall secure every entrance to the facility
so that access to areas containing marijuana is restricted to employees
and other persons permitted by the marijuana facility to access the
area and to agents of the Department or State and local law enforcement
officers and emergency personnel and shall secure its inventory and
equipment during and after operating hours to deter and prevent theft
of marijuana, marijuana-infused products, and marijuana accessories.
[Ord. No. 2023-11, 2-13-2023]
A.Â
Subject to the limitations of state law, the following acts by a
person at least twenty-one (21) years of age are not unlawful and
shall not be an offense under law or be a basis to impose a civil
fine, penalty, or sanction, or be a basis to detain, search, or arrest,
or otherwise deny any right or privilege, or to seize or forfeit assets:
1.Â
Purchasing, possessing, consuming, using, ingesting, inhaling,
processing, transporting, delivering without consideration, or distributing
without consideration three (3) ounces or less of dried, unprocessed
marijuana, or its equivalent;
2.Â
Possessing, transporting, planting, cultivating, harvesting,
drying, processing, or manufacturing up to six (6) flowering marijuana
plants, six (6) non-flowering marijuana plants (over fourteen (14)
inches tall), and six (6) clones (plants under fourteen (14) inches
tall), provided the person is registered with the Department for cultivation
of marijuana plants under this Section, provided:
a.Â
The plants and any marijuana produced by the plants in excess
of three (3) ounces are kept at one (1) private residence, are in
a locked space, and are not visible by normal, unaided vision from
a public place; and
b.Â
Not more than twice the number of allowable plants under Subsection(A)(2)
of this subdivision are kept in or on the grounds of a private residence
at one time.
3.Â
Assisting another person who is at least twenty-one (21) years
of age in, or allowing property to be used for, any of the acts permitted
by this Section; and
4.Â
Purchasing, possessing, using, delivering, distributing, manufacturing,
transferring, or selling to persons twenty-one (21) years of age or
older marijuana accessories.
B.Â
A person who cultivates marijuana plants that are visible by normal,
unaided vision from a public place is subject to a civil penalty not
exceeding two hundred and fifty dollars ($250.00) and forfeiture of
the marijuana.
C.Â
A person who cultivates marijuana plants that are not kept in a locked
space is subject to a civil penalty not exceeding two hundred and
fifty dollars ($50.00) and forfeiture of the marijuana.
D.Â
A person who smokes marijuana in a public place, other than in an
area licensed for such activity is subject to a civil penalty not
exceeding one hundred dollars ($100.00).
E.Â
A person who is under twenty-one (21) years of age who possesses,
uses, ingests, inhales, transports, delivers without consideration,
or distributes without consideration three (3) ounces or less of marijuana,
or possesses, delivers without consideration, or distributes without
consideration marijuana accessories is subject to a civil penalty
not to exceed one hundred dollars ($100.00) and forfeiture of the
marijuana. Any such person shall be provided the option of attending
up to four (4) hours of drug education or counseling in lieu of the
fine.
F.Â
Subject to the limitations of this Section, a person who possesses
not more than twice the amount of marijuana allowed pursuant to this
Subsection, produces not more than twice the amount of marijuana allowed
pursuant to this Subsection, delivers without receiving any consideration
or remuneration to a person who is at least twenty-one (21) years
of age not more than twice the amount of marijuana allowed by this
Subsection, or possesses with intent to deliver not more than twice
the amount of marijuana allowed by this Subsection:
1.Â
For a first violation, is subject to a civil infraction punishable
by a civil penalty not exceeding two hundred and fifty dollars ($250.00)
and forfeiture of the marijuana;
2.Â
For a second violation, is subject to a civil infraction punishable
by a civil penalty not exceeding five hundred dollars ($500.00) and
forfeiture of the marijuana;
3.Â
For a third or subsequent violation, is subject to a misdemeanor
punishable by a fine not exceeding one thousand dollars ($1,000.00)
and forfeiture of the marijuana;
4.Â
A person under twenty-one (21) years of age is subject to a
civil penalty not to exceed two hundred and fifty dollars ($250.00).
Any such person shall be provided the option of attending up to eight
(8) hours of drug education or counseling in lieu of the fine; and
5.Â
In lieu of payment, penalties under this Subsection may be satisfied
by the performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment.
G.Â
No conduct permitted by this Section shall constitute the basis for
detention, search, or arrest; and except when law enforcement is investigating
whether a person is operating a motor vehicle, train, aircraft, motorboat,
or other motorized form of transport while under the influence of
marijuana, the odor of marijuana or burnt marijuana, the possession
or suspicion of possession of marijuana without evidence of a quantity
in excess of the lawful amount, or the possession of multiple containers
of marijuana without evidence of quantity in excess of the lawful
amount shall not individually or in combination with each other constitute
reasonably articulable suspicion of a crime. Marijuana and marijuana-infused
products as permitted by this Section are not contraband nor subject
to seizure.
[Ord. No. 2023-11, 2-13-2023]
A.Â
Each medical or comprehensive marijuana cultivation facility, medical
or comprehensive marijuana testing facility, medical or comprehensive
marijuana transportation facility, or medical or comprehensive marijuana-infused
products manufacturing facility, shall meet the following requirements:
[Ord. No. 2023-11, 2-13-2023]
Violations of this Section will be punishable under Section 100.340 unless a lesser punishment is set forth in this Section for such offense.
