[Ord. No. 19-08-02, 8-2-2019]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
QUALIFYING PATIENT
A Missouri resident issued a valid identification card by
the Missouri Department of Health and Senior Services.
PRIMARY CAREGIVER
An individual who has significant responsibility for managing
the well-being of a Qualifying Patient and who possesses a Primary
Caregiver Identification Card issued by the Missouri Department of
Health and Senior Services.
[Ord. No. 19-08-02, 8-2-2019]
Medical 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 business license.
[Ord. No. 19-08-02, 8-2-2019]
A. No
person shall cultivate marijuana without first obtaining a Medical
Marijuana Cultivation Facility license issued by the Missouri Department
of Health and Senior Services or, in the case of non-commercial cultivation
by Qualifying Patients or Primary Caregivers holding a Qualifying
Patient Cultivation identification card, registering their cultivation
location pursuant to the requirements of this Chapter. A separate
registration shall be required for each and every Qualifying Patient
or Primary Caregiver.
1. Qualifying Patient Cultivation registration forms shall be submitted
to the Building Official on forms supplied by the Department.
2. Qualifying Patient Cultivation registration shall be valid for a
period of one (1) year.
3. No registration shall be sold, transferred, or assigned by the permittee
or by operation of law to any other person. Any such sale, transfer,
or assignment, or attempt to do same, shall constitute a violation
of this Chapter.
[Ord. No. 19-08-02, 8-2-2019]
A. Cultivation
by Qualifying Patients and Primary Caregivers shall be subject to
the following requirements:
1. The primary use of residential property where marijuana is grown
shall remain at all times a residence, with legal and functioning
cooking, eating, sleeping and toilet facilities with proper ingress
and egress. No room shall be used for cultivating marijuana where
that activity will impair or prevent the primary uses of cooking,
eating, sleeping, or toileting.
2. Access to the growing area shall be secured by lock and key or equivalent
at all times except when the facility is being actively supervised
in person by the permit holder.
3. State cultivation authorization shall be clearly displayed within
the enclosed cultivation area in close proximity to the marijuana
plants.
4. The growing area shall comply with all provisions of the Excelsior
Springs Municipal Code, including International Building, Electrical,
Gas, Plumbing, Fire and Property Maintenance Codes as adopted and
amended by the City and shall be properly ventilated so as not to
create excessive heat, humidity, mold, hazardous atmosphere, or other
related conditions.
5. Lighting used in the growing area shall not exceed one thousand (1,000)
watts per light. The use of compressed gas products, including but
not limited to carbon dioxide and butane, solvents, or ozone generators
in the growing area is prohibited.
[Ord. No. 19-08-02, 8-2-2019]
A. No
person shall consume marijuana for medical use in a public place,
unless provided by law.
B. No
person shall extract resins from marijuana using dangerous materials
or combustible gases without a Medical Marijuana-Infused Products
Manufacturing Facility license issued by the Missouri Department of
Health and Senior Services.
[Ord. No. 19-08-02, 8-2-2019]
A. It
shall be unlawful for any Qualifying Patient to allow the smell or
noxious odor emitted from smoking, consumption or possession of medical
marijuana to intrude into any public or private property, including
sidewalks, streets and parks, unless permitted by the person or entity
with control of the property or provided by law.
B. It
shall be unlawful for any person or entity to cultivate medical marijuana
or operate a medical marijuana facility so as to emit an offensive,
noxious, unhealthy or disagreeable odor, or release any substance
emitting an offensive, noxious, unhealthy or disagreeable effluvium
in the neighborhood where the facility exists.
C. It
shall be unlawful for any person or entity to cultivate medical marijuana
or operate a medical marijuana facility so as to produce light, glare,
heat, noise, odor or vibration that is detrimental to public health,
safety, or welfare, or interferes with the reasonable enjoyment of
life and property.