[Ord. No. 19-08-01, 8-1-2019]
The purpose and intent of this Article is to regulate the location, establishment, and operation, of all medical marijuana facilities within the City of Salisbury, Missouri, to ensure the safety, health, and general welfare of its citizens. Recognizing that medical marijuana is a unique land use with the potential for consequences not otherwise provided for in this Chapter 405, the additional regulations in this Article are intended to provide reasonable restrictions and/ or requirements on such use so as to ensure that such use does not compromise the safety, health, and general welfare of its citizens, and/ or other uses permitted within the zoning areas allowing for medical marijuana facilities of any sort. Nothing in this article shall be interpreted so as to conflict with State or Federal law, nor shall this article be construed to effect in any way the use, certification, or prescription of medical marijuana within the City of Salisbury.
[Ord. No. 19-08-01, 8-1-2019]
The following words, terms, and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or " marihuana" does not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (3/10 of 1%) on a dry weight basis, or commodities
or products manufactured from industrial hemp.
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
Any facility that is regulated by the State of Missouri to
acquire, certify, cultivate, deliver, dispense, manufacture, process,
sell, store, test, transport, or warehouse medical marijuana, and
shall include the following:
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.
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, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a 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.
[Ord. No. 19-08-01, 8-1-2019]
A.
All
medical marijuana facilities shall comply with the following site
requirements:
1.
The medical marijuana facility shall comply with all requirements
of the Missouri Constitution, Statutes of the State of Missouri, and/or
regulations promulgated by the Missouri Department of Health and Senior
Services applicable to medical marijuana facilities. To the extent
that any of the following requirements should be contradictory to
any of the aforementioned laws of the State of Missouri, then the
contradictory Section herein shall be considered severed and State
law shall control.
2.
The medical marijuana facility shall at all times be monitored by
closed-circuit television, the recordings of which are stored in at
least one (1) location off-site (i.e., a cloud server) for security
purposes. The recording system must be of adequate quality, color,
and resolution to allow the ready identification of any individual
committing a crime within the facility or on the property surrounding
the facility. The recordings shall be maintained for not less than
ninety (90) days and shall be made available to law enforcement upon
request.
3.
The medical marijuana facility shall have a fireproof safe or vault
that is incorporated into the building and for the purpose of storing
any cash and/or processed marijuana.
4.
The medical marijuana facility shall have a centrally monitored fire
and burglar alarm system.
5.
The medical marijuana facility shall not use any equipment or process
that creates noise, dust, vibration, glare, fumes, odors, or electrical
interference detectable to the normal human senses beyond the boundaries
of the property on which the facility sets.
6.
No person or medical marijuana facility shall dispose of marijuana
or marijuana-infused products in an unsecured waste receptacle not
in the possession and control of the facility.
7.
All medical marijuana cultivation facilities and/or marijuana infused
product manufacturing facilities shall have an odor mitigation system
that renders undetectable, to human senses, any odor of marijuana
emanating from the facility.
8.
Except for medical marijuana dispensaries, no medical marijuana facility
shall have exterior signage indicating that a medical marijuana facility
is present within the structure.
9.
No medical marijuana facility shall allow the use or consumption
of medical marijuana or marijuana-infused products within the facility
or on the premises of the facility.
10.
Any and all cultivation, production, testing, display, distribution,
sale, or storage of medical marijuana or marijuana-infused products
shall be permitted only inside a medical marijuana facility, out of
the view of the general public.
11.
No medical marijuana facility shall be required to be a prescribed
distance from any existing elementary or secondary school, daycare,
or church.
