[Ord. No. 2372, 8-8-2019]
The following words, terms and phrases, when used in this Title,
shall have the meanings ascribed to them in this Section:
The direct application of marijuana to a qualifying patient
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;
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.
A space measured from the outermost point of a mature flowering
plant in a designated growing area and continuing around the outside
of all mature flowering plants in that designated growing area but
not including space allocated for walkways or ancillary equipment.
This space may be spread over a single level or several levels.
A permanent building primarily and regularly used as a place
of religious worship.
A child-care facility, as defined by Section 210.201, RSMo.,
that is licensed by the State of Missouri.
The Department of Health and Senior Services, or its successor
agency.
The marijuana flower after it has been cured and trimmed
or its equivalent amount of marijuana concentrate or THC. For purposes
of purchase and possession limitations, one (1) ounce of dried, unprocessed
marijuana is equivalent to eight (8) grams of medical marijuana concentrate
or eight hundred (800) milligrams of THC in infused products.
Any public school as defined in Section 610.011, 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 only to the 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 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 specifically identified quantity of marijuana that is uniform
in strain, cultivated utilizing the same growing practices, harvested
within a seventy-two-hour period at the same location, and cured under
uniform conditions.
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.
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 (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.
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 certified by the Department to acquire, test,
certify, and transport marijuana.
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.
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.
The production, possession, delivery, distribution, transportation,
or administration of marijuana or a marijuana-infused product, or
drug paraphernalia used to administer marijuana or marijuana-infused
product, for the benefit of a qualifying patient to mitigate symptoms
or effects of the patient's qualifying medical condition.
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.
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 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 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, posttraumatic 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 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, 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.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
The system the Department uses to track medical marijuana
from either the seed or immature plant stage until the medical marijuana
sold to a qualifying patient or primary caregiver to ensure that all
medical marijuana sold in Missouri was cultivated or manufactured
in Missouri, that all medical marijuana cultivated or manufactured
in Missouri is sold only by dispensaries and only to individuals in
possession of a valid qualifying patient or primary caregiver identification
card, and that any given qualifying patient or primary caregiver is
only purchasing the amount of medical marijuana he or she is approved
to purchase at any given time.
[Ord. No. 2372, 8-8-2019]
Medical marijuana facilities shall be required to be properly
licensed and/or certified by the Missouri Department of Health and
Senior Services as required by 19 CSR 30-95. Each medical marijuana
facility in operation shall obtain a separate license, but multiple
licenses may be utilized in a single location. All licenses shall
be displayed at all times within twenty (20) feet of the main entrance
to the medical marijuana facility. No additional City license shall
be required.
[Ord. No. 2372, 8-8-2019]
A.
In addition to the requirements of 19 CSR 30-95, medical marijuana
facilities shall also comply with the following:
1.
No medical marijuana facility shall be sited within five hundred
(500) feet of any then-existing elementary or secondary school, day
care, or church.
a.
In the case of a freestanding facility, the distance between
the facility and the school, day care or church shall be measured
from the external wall of the facility structure closest in proximity
to the school, day care, or church to the closest point of the property
line of the school, day care, or church. If the school, day care,
or church is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, day care, or church closest in proximity to the facility.
b.
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, day care, or church shall be measured from
the property line of the school, day care, or church to the facility's
entrance or exit closed in proximity to the school, day care, or church.
If the school, day care, or church is part of a larger structure,
such as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, day care, or church closest
in proximity to the facility.
c.
Measurements shall be made along the shortest path between the
demarcation points that can be lawfully traveled by foot.
2.
All marijuana for medical use, including plants, flowers, and
infused products, sold in Missouri shall be cultivated in a licensed
cultivation facility located in Missouri. After December 31, 2020,
marijuana for medical use shall be grown from seeds or plants obtained
from a Missouri-licensed cultivation or dispensary facility.
3.
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 the provisions of Article IX of the Zoning Regulations
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.
[Ord. No. 2372, 8-8-2019]
A.
No person shall possess and/or transport medical marijuana within
the City limits, except:
1.
A qualifying patient for the qualifying patient's own personal
use, in an amount no greater than the law allows; or
2.
A primary caregiver of a qualifying patient(s) but only when
transporting medical marijuana to a qualifying patient or when accompanying
a qualifying patient(s) or when holding for a qualifying patient while
with the qualifying patient or at the primary caregiver's residence;
or
3.
An owner or an employee of a medical marijuana facility within
the enclosed building licensed as such, or when delivering directly
to a qualifying patient's or primary caregiver's residence,
or another medical marijuana facility, or to multiple of these locations.
This provision shall only apply to transportation of medical marijuana
while within the City limits and shall not apply to transportation
outside the City limits or to and from locations outside the State
of Missouri. This provision will not be construed to prohibit the
growing of marijuana outdoors by a holder of a medical marijuana cultivation
facility license or a qualifying patient or primary caregiver for
personal use, so long as the requirements of the Department are complied
with.
[Ord. No. 2372, 8-8-2019]
A.
In addition to the requirements for cultivation facilities in Section 800.030 of this Title and 19 CSR 30-95.100, cultivation facilities shall also comply with the following:
1.
Transportation facilities shall transport all medical marijuana
from an originating facility to a destination facility within twenty-four
(24) hours.
[Ord. No. 2372, 8-8-2019]
A.
In addition to the requirements for cultivation facilities in Section 800.030 of this Title and 19 CSR 30-95.050, cultivation facilities shall also comply with the following:
B.
Cultivation facilities may cultivate medical marijuana in indoor,
outdoor, or greenhouse facilities or some combination of the three
(3):
1.
Each indoor facility utilizing artificial lighting will be limited
to no more than thirty thousand (30,000) square feet of flowering
plant canopy space.
2.
Each outdoor facility utilizing natural lighting will be limited
to no more than two thousand eight hundred (2,800) flowering plants.
3.
Each greenhouse facility using a combination of natural and
artificial lighting will be limited to, at the election of the licensee,
either no more than two thousand eight hundred (2,800) flowering plants
or no more than thirty thousand (30,000) square feet of flowering
plant canopy space.
4.
If a cultivation facility is operating with multiple cultivation
licenses in the same location, the size limitations of the cultivation
facility will be multiplied by the number of licenses.
C.
Cultivation facilities, except those in rural, unincorporated agricultural
areas, must develop, implement and maintain an odor control plan,
which shall address odor mitigation practices, including, but not
limited to, engineering controls.
D.
No cultivation facility shall emit any odor of marijuana which is
capable of being detected by a person of ordinary senses outside of
the boundary of the lot on which the facility is located. If a cultivation
facility is located in a multiple-tenant building, the cultivation
facility shall not emit any odor of marijuana which is capable of
being detected by a person of ordinary senses outside of the tenant
space in which the cultivation facility is located.
F.
Cultivation facilities shall not transfer medical marijuana from
the facility, except to a testing facility, until the medical marijuana
has been tested by a testing facility, according to the provisions
of 19 CSR 30-95.070, and the cultivation facility has received verification
from the testing facility that the medical marijuana has passed all
required testing.
G.
Cultivation facilities shall store all medical marijuana:
[Ord. No. 2372, 8-8-2019]
A.
In addition to the requirements for dispensary facilities in Section 800.030 of this Title and 19 CSR 30-95.080, dispensary facilities shall also comply with the following:
1.
Dispensary facilities shall not be open to the public or make
any sales between the hours of 10:00 P.M. and 8:00 A.M.
2.
No marijuana, of any type, may be smoked, ingested, or otherwise
consumed on the premises of any dispensary facility at any time, nor
shall the licensee permit such consumption.
3.
Dispensary facilities shall not sell medical marijuana until
the medical marijuana has been tested by a testing facility, according
to the provisions of 19 CSR 30-95.070, and has been verified as passing
all required testing.
5.
Dispensary facilities that sell ingestible medical marijuana-infused
products shall comply with the applicable food safety standards set
forth in 19 CSR 20-1.025.
6.
Dispensary facilities shall store all medical marijuana:
7.
Dispensary facilities shall only sell medical marijuana seeds
acquired from licensed medical marijuana cultivation facilities.
8.
Dispensary facilities shall not sell medical marijuana to a
qualifying patient or primary caregiver in amounts greater than what
that individual is currently authorized to purchase per the Statewide
track and trace system.
9.
Dispensary facilities shall not sell medical marijuana seeds
to a qualifying patient or primary caregiver who is not currently
authorized to cultivate medical marijuana.
10.
Dispensary facilities may not disburse medical marijuana as
part of a promotional event.
11.
Dispensary facilities shall require every customer to display
the customer's identification card issued by the Missouri Department
of Health and Senior Services or other proof of eligibility at the
time of each purchase.
12.
No person under the age of eighteen (18) years old shall be
permitted into a dispensary facility, except a qualifying patient
who is under the age of eighteen (18) years but who has been emancipated
by a court order, and a qualifying patient under the age of eighteen
(18) years when accompanied by the qualifying patient's parent
or guardian.
13.
No dispensary shall emit any odor of marijuana which is capable
of being detected by a person of ordinary senses outside of the boundary
of the lot on which the facility is located. If a dispensary is located
in a multiple-tenant building, the dispensary shall not emit any odor
of marijuana which is capable of being detected by a person of ordinary
senses outside of the tenant space in which the dispensary is located.
14.
Each dispensary shall be operated from a permanent and fixed
location. No dispensary shall be permitted to operate from a movable,
mobile, or transitory location. This Subsection shall not prevent
the physical delivery of medical marijuana to a qualifying patient
or primary caregiver at a location off of the premises of the licensee's
dispensary, to the extent so permitted by law.
[Ord. No. 2372, 8-8-2019]
A.
In addition to the requirements for manufacturing facilities in Section 800.030 of this Title and 19 CSR 30-95.060, manufacturing facilities shall also comply with the following:
1.
Facilities must develop, implement, and maintain an odor control
plan, which shall address odor mitigation practices, including, but
not limited to, engineering controls.
2.
Manufacturing facilities that produce ingestible medical marijuana-infused
products shall comply with the applicable food safety standards set
forth in 19 CSR 20-1.023, 1.040 and 1.050, as applicable. Such facilities
are prohibited from producing frozen desserts, as defined by 19 CSR
20-1.030, or acidified foods, as defined by 19 CSR 20-1.042.
3.
Manufacturing facilities shall store all medical marijuana:
4.
Manufacturing facilities that use volatile solvents shall install
air-handling systems and other controls designed to minimize the risks
of explosions and fires. These controls should include systems to
prevent ignition; plans for safe storage, use, and disposal of solvents;
and policies for continuous staff monitoring of all processes involving
volatile solvents.
5.
No manufacturing facility shall emit any odor of marijuana which
is capable of being detected by a person of ordinary senses outside
of the boundary of the lot on which the facility is located. If a
manufacturing facility is located in a multiple-tenant building, the
manufacturing facility shall not emit any odor of marijuana which
is capable of being detected by a person of ordinary senses outside
of the tenant space in which the dispensary is located.
[Ord. No. 2372, 8-8-2019]
A.
In addition to the requirements for testing facilities in Section 800.030 of this Title and 19 CSR 30-95.070, testing facilities shall also comply with the following:
1.
No testing facility shall emit any odor of marijuana which is
capable of being smelled by a person of ordinary senses outside of
the boundary of the lot on which the facility is located. If a testing
facility is located in a multiple-tenant building, the testing facility
shall not emit any odor of marijuana which is capable of being detected
by a person of ordinary senses outside of the tenant space in which
the testing facility is located.
[Ord. No. 2372, 8-8-2019]
A.
Qualifying patients may only purchase, or have purchased on their
behalf by their primary caregiver(s), four (4) ounces of dried, unprocessed
marijuana per qualifying patient, or its equivalent, in a thirty-day
period.
B.
Qualifying patients may only possess, or instruct a primary caregiver
to possess on their behalf:
1.
In the case of qualifying patients who do not cultivate or have
medical marijuana cultivated on their behalf, up to a sixty-day supply
of dried, unprocessed marijuana per qualifying patient, or its equivalent;
or
2.
In the case of qualifying patients who are cultivating marijuana
for medical use or whose primary caregivers are cultivating marijuana
on their behalf, up to a ninety-day supply of dried, unprocessed marijuana
or its equivalent, so long as the supply of medical marijuana cultivated
by the qualifying patients or primary caregivers remains on property
under their control.
C.
All medical marijuana purchased from a dispensary must be stored
in or with its original packaging.
D.
Primary caregivers may possess a separate legal limit for each qualifying
patient under their care and a separate legal limit for themselves
if they are a qualifying patient, each of which shall be stored separately
for each qualifying patient and labeled with the qualifying patient's
name.
E.
Purchase and possession limits established in this Section shall
not apply to a qualifying patient with written certification from
two (2) independent physicians that there are compelling reasons why
the qualifying patient needs a greater amount than the limits established
in this Section:
1.
In such a case, both independent physicians must state in their
certifications what amount the qualifying patient requires, which
shall then be that patient's limit.
2.
If the two (2) independent physicians disagree on what amount
should be the patient's limit, the lower of the two (2) amounts
shall be that patient's limit.
3.
If the patient's limit is increased after receiving a qualifying
patient identification card, the qualifying patient or primary caregiver
shall notify the Department in a Department-approved format within
ten (10) days of the change.
[Ord. No. 2372, 8-8-2019]
All qualifying patient cultivation shall take place in an enclosed, locked facility, as defined in Section 800.010 of this Title.
A.
One (1) qualifying patient 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] at any given time in a single, enclosed locked facility.
No more than twelve (12) flowering marijuana plants, twelve (12) non-flowering
plants, and twelve (12) clones may be cultivated in a single, enclosed
locked facility, except when one (1) of the qualifying patients, as
a primary caregiver, also holds a patient cultivation identification
card for a third qualifying patient, in which case that primary caregiver
may cultivate six (6) additional flowering marijuana plants, six (6)
additional non-flowering marijuana plants, and six (6) additional
clones for a total of eighteen (18) flowering plants, eighteen (18)
non-flowering marijuana plants, and eighteen (18) clones in a single,
enclosed locked facility.
B.
Under no circumstance will a qualifying patient be entitled to cultivate,
or have cultivated on his or her behalf, more than six (6) flowering
marijuana plants.
C.
Nothing in this Section shall convey or establish a right to cultivate
medical marijuana in a facility where State law or a private contract
would otherwise prohibit doing so.
D.
All cultivated flowering marijuana plants in the possession of a
qualifying patient or primary caregiver shall be clearly labeled with
the qualifying patient's name.
E.
No qualifying patient or primary caregiver shall be permitted to
use combustible gases or other dangerous materials to extract resins
from marijuana.
[Ord. No. 2372, 8-8-2019]
To the extent allowed by State law, marijuana for medicinal
purposes may be cultivated in a residential structure, provided:
A.
The structure is the primary residence of a primary caregiver or
qualifying patient and the marijuana is grown solely for the use of
the qualifying patient who resides there or who is under the care
of the primary caretaker.
B.
All residential medical marijuana cultivation by a qualifying patient
or primary caregiver shall be done in such a way as to prevent odors
of marijuana from being detected by a person of ordinary senses beyond
the boundary of the lot upon which the medical marijuana plants are
located. If a qualifying patient or primary caregiver cultivates medical
marijuana in a multiple-tenant building, the qualifying patient or
primary caregiver shall not permit odors of marijuana which are capable
of being detected by a person of ordinary senses outside of the tenant
space the qualifying patient or primary caregiver occupies.
C.
No manufacturing of marijuana-infused products shall occur in any
residential structure.
D.
All residential cultivation must comply with the security and other
requirements of State law and the rules of the Department.
E.
The qualifying patient or primary caregiver has notified the City
Clerk, including providing proof of eligibility, on a form provided
by the City Clerk, so that law enforcement and code officials will
be aware that the cultivation is lawfully taking place.
[Ord. No. 2372, 8-8-2019]
Qualifying patients may consume medical marijuana in their private
residence, or in the residence of another with permission, but may
not dispense or smoke marijuana in such a manner that the marijuana
smoke or odor exits the residence. If marijuana smoke or odor is capable
of being detected by a person of ordinary senses beyond the property
line of single-family home or outside of the owned or leased premises
of a duplex or multifamily unit, there shall be a rebuttable presumption
that this Section has been violated. In a multifamily or similar dwelling,
medical marijuana may not be dispensed or consumed in any common area.
[Ord. No. 2372, 8-8-2019]
A.
Any excess or unusable medical marijuana or medical marijuana byproduct
of a cultivation, manufacturing, dispensary, testing, or transportation
facility shall be disposed of pursuant to the requirements of 19 CSR
30-95.040(4).
B.
In any case where a qualifying patient is no longer entitled to medical
marijuana under any provision of State law or is deceased, any excess
medical marijuana or marijuana plants in the possession of the qualifying
patient or the patient's primary caregiver or discovered by a
third party shall be turned over to a licensed dispensary for disposal
pursuant to the requirements of 19 CSR 30-95.030(9).
