[Ord. No. 3475, 8-19-2019]
A.
The
regulations contained in this Chapter apply to all property and medical
marijuana uses located within the corporate limits of the City of
Harrisonville.
B.
All
medical marijuana related uses shall be located in accordance with
the requirements of the City of Harrisonville Zoning Regulations Code.
[Ord. No. 3475, 8-19-2019]
All terms used in this Chapter shall be as defined by Section 100.030 of the Harrisonville City Code or Section 1 of Article XVI of the State of Missouri Constitution.
[Ord. No. 3475, 8-19-2019]
The purpose of this Chapter is to regulate the placement and
licensing of facilities for the cultivation, manufacturing, storage,
transfer, testing and distribution of marijuana and marijuana-infused
products, to the extent permitted by the Missouri Constitution, applicable
Statutes enacted by the Missouri 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.
[Ord. No. 3475, 8-19-2019]
A.
No
building shall be constructed, altered, or used for a Medical Marijuana
Facility without complying with Title V of the Code of Ordinances
of the City of Harrisonville, Missouri and the following regulations:
1.
Compliance With State Regulations. All medical marijuana facilities
must maintain compliance with all applicable rules adopted by the
State of Missouri.
2.
Definitions. Definitions contained in 19-CSR 30-95.10 are hereby
adopted as the applicable definitions for this Chapter.
3.
Public Consumption.
a.
No marijuana may be smoked, ingested, or otherwise consumed on or
within the premises of any medical marijuana facility, nor shall the
licensee permit such consumption.
b.
Public consumption of marijuana is prohibited.
c.
"Public place" means 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.
4.
Combination Of Alcohol Sales And Medical Marijuana Sales. The sale
or consumption of alcohol within a medical marijuana facility is prohibited.
5.
Combination Of Facilities. Medical marijuana facilities that propose
having more than one (1) type of facility on the same property or
within the same building shall follow the regulations for the more
restricted facility.
6.
Hours Of Operation. All medical marijuana facilities shall be closed
to the public, no persons not employed by the medical marijuana facility
shall be on the premises, and no delivery to or from the medical marijuana
facility, between the hours of 10:00 p.m. and 8:00 a.m.
7.
Licenses.
a.
No marijuana or marijuana-infused products shall be acquired, certified,
delivered, processed, sold, stored, tested or transported within the
City, except by persons or entities licensed for such purposes by
the Missouri Department of Health and Senior Services.
b.
The applicable medical marijuana license issued by the State of Missouri
shall be displayed in an open and conspicuous place on the premises.
c.
No medical marijuana facility shall be operated within the City without
a valid license issued by the Missouri Department of Health and Senior
Services.
d.
All medical marijuana facilities shall be licensed in accordance with Chapter 605 of the Harrisonville City Code.
e.
A Harrisonville Business License shall be displayed in an open and
conspicuous place on the premises.
f.
If a medical marijuana facility loses its Missouri license to sell
medical marijuana, the facility shall immediately halt all sales of
medical marijuana unless and until licensure is re-obtained. The City
reserves the right to close a medical marijuana facility to the public
if said facility loses its Missouri license to sell medical marijuana.
8.
Ventilation Required. All medical marijuana facilities shall install
and operate a ventilation system that will prevent any odor of marijuana
from leaving the premises of the facility. No odors shall be detectable
by a person with a normal sense of smell outside of the boundary of
the tenant space or property on which the facility is located.
9.
Multi-Tenant Buildings.
a.
No odors shall be detectable by a person with a normal sense of smell
outside of the boundary of the dispensary, testing, cultivating, or
infusing unit in a multi-tenant building.
b.
No marijuana may be smoked, ingested, or otherwise consumed in any
hallway or common area of a multi-tenant building.
10.
Location Restrictions.
a.
Medical marijuana facilities shall comply with the location restrictions identified in Chapter 405, Zoning Regulations.
b.
Each medical marijuana facility shall be operated from a permanent
and fixed location. No medical marijuana facility shall be permitted
to operate from a moveable, mobile, or transitory location.
11.
Transportation And Possession. No person shall possess marijuana
within the City, except:
a.
A Qualified Patient for the patient's own personal use, in an amount
no larger than the law allows; or
b.
A Caretaker of a Qualified Patient, or patients, but only when transporting
the medical marijuana to a Qualified Patient or when accompanying
a Qualified Patient or patients; or
c.
An owner or employee of a medical marijuana facility within the enclosed
building licensed as such, or when delivering directly to a Qualified
Patient's or Caretaker's residence or another medical marijuana facility.
|
A company that specializes in transporting medical marijuana
shall be in compliance with all rules and regulations and shall obtain
the requite licensure set forth by the Missouri Department of Health
and Missouri Department of Transportation.
|
12.
Disposal Of Medical Marijuana. 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.
13.
Display Of Products. No marijuana, marijuana-infused product, or
marijuana paraphernalia shall be displayed as to be visible through
glass, windows, or doors by a person of normal visual acuity standing
outside of the facility.
14.
Access Restrictions.
a.
No person under the age of eighteen (18) shall be allowed in any
portion of a medical marijuana cultivation facility, infused products
manufacturing facility, or a testing facility.
b.
The entrance to a medical marijuana facility shall be clearly posted
with a notice indicating that persons under the age of eighteen (18)
are precluded from entering the premises.
c.
No person under the age of eighteen (18) shall be allowed in any
portion of a medical marijuana dispensary facility, except that a
qualifying patient who is under the age of eighteen (18) may enter
if accompanied by a parent or legal guardian.
15.
Signage.
a.
Signage associated with a medical marijuana facility shall comply with the requirements contained in Chapter 435, Sign Regulations.
b.
Facilities shall not use signage or advertising with the word "marijuana"
or "cannabis" or any other word, phrase or symbol commonly understood
to refer to marijuana unless such word, phrase or symbol is immediately
preceded by the word "medical" in type and font that is at least as
readily discernible as all other words, phrases or symbols.
16.
Permits Required To Be Shown. Upon demand of a Law Enforcement Officer,
a person in the possession of marijuana shall provide the officer
with their qualified patient or primary caregiver identification card.
Failure to provide the identification card upon demand is a violation
of this Chapter.
17.
Home Cultivation License.
a.
All cultivation activities occurring in residences or on residential
property shall be conducted in accordance with 19 CSR 30-95.030.
b.
No extraction or infused products manufacturing activities shall
occur in a residence or on residential property or anywhere other
than a licensed infused products manufacturing facility.
c.
No odors shall be detectable by a person with a normal sense of smell
outside of the boundary of the residence.
[Ord. No. 3475, 8-19-2019]
It shall be unlawful for a person, firm or corporation to be
in conflict with or in violation of any of the provisions of this
Chapter.
[Ord. No. 3475, 8-19-2019]
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section 100.200 of the City Code.
