Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
City of Grain Valley, MO
Jackson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Cross References — Controlled substances, ch. 215; medical marijuana, ch. 655.
[Ord. No. 2476, 9-23-2019]
For the purpose of this Chapter, the following words shall have the meanings set forth below:
CHURCH
A permanent building primarily and regularly used as a place of religious worship.
DAY CARE
A child-care facility, as defined by Section 210.201, RSMo., that is licensed by the State of Missouri.
DEPARTMENT
The Department of Health and Senior Services, or its successor agency.
ELEMENTARY OR SECONDARY SCHOOL
Any public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than 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.
1. 
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 qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana; or
2. 
An outdoor stationary structure:
a. 
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;
b. 
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
c. 
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.
IDENTIFICATION CARD
A document, whether in paper or electronic format, issued by the department that authorizes a qualifying patient, primary caregiver, or employee or contractor of the licensed facility to access medical marijuana as provided by law.
MARIJUANA OR MARIHUANA
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 (0.3 of 1%) on a dry-weight basis, or commodities or products manufactured from industrial hemp.
MARIJUANA-INFUSED PRODUCTS
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.
MEDICAL MARIJUANA CULTIVATION FACILITY
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.
MEDICAL MARIJUANA DISPENSARY 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.
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the department to acquire, test, certify, and transport marijuana.
MEDICAL MARIJUANA TRANSPORTATION FACILITY
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.
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.
PRIMARY CAREGIVER
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 Section or in other written notification to the department.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying medical condition.
[Ord. No. 2476, 9-23-2019]
A. 
The distance limitations in this Chapter, when referring to distances between medical marijuana facilities and churches, day cares and elementary or secondary schools, shall be measured in accordance with 19 CSR 30-95.040(4).
1. 
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.
2. 
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 closest 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.
3. 
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
B. 
The distance limitations in this Chapter, when referring to distances between a medical marijuana facility and a separate medical marijuana facility shall be measured in a straight line between the primary entrances of each medical marijuana facility.
[Ord. No. 2476, 9-23-2019]
A. 
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.
B. 
Furthermore, medical marijuana facilities shall be required to have a City business license as require by Title V of the Code of Ordinances and a conditional use permit as required by Section 400.240 of the Code of Ordinances and any other license required by the City that complies with 19 CSR 30-95. Certain activities performed in relation to such facilities may require permits from other agencies not related to the City.
[Ord. No. 2476, 9-23-2019]
A. 
A medical marijuana dispensary may be located as a conditional use in any Controlled Business District (CB), Central Business District (C-1), General Business District (C-2), Highway Commercial District (C-3) and the Downtown Overlay District, upon satisfactory compliance with the provisions of this Section:
1. 
Medical marijuana dispensary conditional use permit applicants shall comply with all provisions of Section 400.240 of the Code of Ordinances regarding conditional use permit applications, including, but not limited to, the requirements of this Section.
2. 
A medical marijuana dispensary shall have the appropriate State license pursuant to 19 CSR 30-95. An applicant may apply for a conditional use permit upon showing that they have applied for this State license, but the conditional use permit shall not be issued until such license has been obtained from the Missouri Department of Health and Senior Services.
3. 
A medical marijuana dispensary shall not be located closer than five hundred (500) feet to any other medical marijuana dispensary or medical marijuana facility, except when the facilities share common ownership.
4. 
No medical marijuana dispensary shall be located within seven hundred and fifty (750) feet of any then-existing elementary or secondary school, day care, or church.
5. 
An applicant for a medical marijuana dispensary conditional use permit shall provide the following plans and documentation for City review and approval:
a. 
A site plan for a medical marijuana dispensary that shall include a floor plan showing where the various activities will be conducted. No medical marijuana products shall be visible from the exterior of the building.
b. 
All City-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction.
c. 
A plan which reasonably shows that the medical marijuana dispensary is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the medical marijuana dispensary is located.
d. 
A security plan for review and approval by the Grain Valley Police Department, which reasonably shows that the medical marijuana dispensary can be kept secure from access by unauthorized persons both during and after normal operating hours and provides adequate overnight security for product trucks parked outside the medical marijuana dispensary at any hour.
e. 
A waste disposal plan for any unused product, medical marijuana byproduct, or hazardous materials used as part of normal operations by a medical marijuana dispensary in accordance with Missouri Department of Health and Senior Services guidelines.
f. 
All signage shall conform to the standards of Sections 400.300 and 800.030(E) of the Code of Ordinances as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
6. 
If an application for a medical marijuana dispensary conditional use permit is approved, such conditional use permit shall be personal to the applicant at the approved site and shall not run with the land. In addition, the conditional use permit shall be subject to the applicant's continued compliance with all applicable City ordinances and State law regarding the operation of a medical marijuana dispensary facility. A medical marijuana dispensary conditional use permit shall be personal to the applicant and shall not be transferable. In the event the applicant's State-issued license expires, terminates, or is revoked for any reason, their conditional use permit shall terminate immediately without any additional notice or action.
7. 
If any change occurs from the permitted use of a structure as a medical marijuana dispensary, a new conditional use permit shall be required in all cases.
8. 
The State-licensed operator of any medical marijuana dispensary shall provide a copy of their State license, issued by the Missouri Department of Health and Senior Services, to the Community Development Department annually to confirm their continuing licensed status with the State of Missouri. In the case of a medical marijuana dispensary that was granted a conditional use permit by the City, the State-licensed operator and the applicant to whom the conditional use permit was issued shall be the same. The City may request such documentation at any time.
[Ord. No. 2476, 9-23-2019]
A. 
A medical marijuana cultivation facility may be located as a conditional use in any Agricultural District (A), Light Industrial District (M-1), Heavy Industrial District (M-2), and Industrial Park District (I-P) upon satisfactory compliance with the provisions of this Section:
1. 
Medical marijuana cultivation facility conditional use permit applicants shall comply with all provisions of Section 400.240 of the Code of Ordinances regarding conditional use permit applications, including, but not limited to, the requirements of this Section.
2. 
A medical marijuana cultivation facility shall have the appropriate State license pursuant to 19 CSR 30-95. An applicant may apply for a conditional use permit upon showing that they have applied for this State license, but the conditional use permit shall not be issued until such license has been obtained from the Missouri Department of Health and Senior Services.
3. 
A medical marijuana cultivation facility shall not be located closer than five hundred (500) feet to any other medical marijuana cultivation facility or medical marijuana facility, except when the facilities share common ownership.
4. 
No medical marijuana cultivation facility shall be located within seven hundred and fifty (750) feet of any then-existing elementary or secondary school, day care, or church.
5. 
An applicant for a medical marijuana cultivation facility conditional use permit shall provide the following plans and documentation for City review and approval:
a. 
A site plan for a medical marijuana cultivation facility that shall include a floor plan showing where the various activities will be conducted.
b. 
All City-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction.
c. 
A plan which reasonably shows that the medical marijuana cultivation facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the medical marijuana cultivation facility is located.
d. 
A security plan for review and approval by the Grain Valley Police Department, which reasonably shows that the medical marijuana cultivation facility can be kept secure from access by unauthorized persons both during and after normal operating hours and provides adequate overnight security for product trucks parked outside the medical marijuana cultivation facility at any hour.
e. 
A waste disposal plan for any unused product, medical marijuana byproduct, or hazardous materials used as part of normal operations by a medical marijuana cultivation facility in accordance with Missouri Department of Health and Senior Services guidelines.
f. 
All signage shall conform to the standards of Sections 400.300 and 800.030(E) of the Code of Ordinances as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
6. 
If an application for a medical marijuana cultivation facility conditional use permit is approved, such conditional use permit shall be personal to the applicant at the approved site and shall not run with the land. In addition, the conditional use permit shall be subject to the applicant's continued compliance with all applicable City ordinances and State law regarding the operation of a medical marijuana cultivation facility. A medical marijuana cultivation facility conditional use permit shall be personal to the applicant and shall not be transferable. In the event the applicant's State-issued license expires, terminates, or is revoked for any reason, their conditional use permit shall terminate immediately without any additional notice or action.
7. 
If any change occurs from the permitted use of a structure as a medical marijuana cultivation facility, a new conditional use permit shall be required in all cases.
8. 
The State-licensed operator of any medical marijuana cultivation facility shall provide a copy of their State license, issued by the Missouri Department of Health and Senior Services, to the Planning and Zoning Commission annually to confirm their continuing licensed status with the State of Missouri. In the case of a medical marijuana cultivation facility that was granted a conditional use permit by the City, the State-licensed operator and the applicant to whom the conditional use permit was issued shall be the same. The City may request such documentation at any time.
[Ord. No. 2476, 9-23-2019]
A. 
A medical marijuana-infused products manufacturing facility may be located as a conditional use in any Light Industrial District (M-1), Heavy Industrial District (M-2), and Industrial Park District (I-P) upon satisfactory compliance with the provisions of this Section:
1. 
Medical marijuana-infused products manufacturing facility conditional use permit applicants shall comply with all provisions of Section 400.240 of the Code of Ordinances regarding conditional use permit applications, including, but not limited to, the requirements of this Section.
2. 
A medical marijuana-infused products manufacturing facility shall have the appropriate State license pursuant to 19 CSR 30-95. An applicant may apply for a conditional use permit upon showing that they have applied for this State license, but the conditional use permit shall not be issued until such license has been obtained from the Missouri Department of Health and Senior Services.
3. 
A medical marijuana-infused products manufacturing facility shall not be located closer than five hundred (500) feet to any other medical marijuana-infused products manufacturing facility or medical marijuana facility, except when the facilities share common ownership.
4. 
No medical marijuana-infused products manufacturing facility shall be located within seven hundred and fifty (750) feet of any then-existing elementary or secondary school, day care, or church.
5. 
An applicant for a medical marijuana-infused products manufacturing facility conditional use permit shall provide the following plans and documentation for City review and approval:
a. 
A site plan for a medical marijuana-infused products manufacturing facility that shall include a floor plan showing where the various activities will be conducted.
b. 
All City-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction.
c. 
A plan which reasonably shows that the medical marijuana-infused products manufacturing facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the medical marijuana-infused products manufacturing facility is located.
d. 
A security plan for review and approval by the Grain Valley Police Department, which reasonably shows that the medical marijuana-infused products manufacturing facility can be kept secure from access by unauthorized persons both during and after normal operating hours and provides adequate overnight security for product trucks parked outside the medical marijuana-infused products manufacturing facility at any hour.
e. 
A waste disposal plan for any unused product, medical marijuana byproduct, or hazardous materials used as part of normal operations by a medical marijuana-infused products manufacturing facility in accordance with the Missouri Department of Health and Senior Services guidelines.
f. 
All signage shall conform to the standards of Sections 400.300 and 800.030(E) of the Code of Ordinances as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
6. 
If an application for a medical marijuana-infused products manufacturing facility conditional use permit is approved, such conditional use permit shall be personal to the applicant at the approved site and shall not run with the land. In addition, the conditional use permit shall be subject to the applicant's continued compliance with all applicable City ordinances and State law regarding the operation of a medical marijuana-infused products manufacturing facility. A medical marijuana-infused products manufacturing facility conditional use permit shall be personal to the applicant and shall not be transferable. In the event the applicant's State-issued license expires, terminates, or is revoked for any reason, their conditional use permit shall terminate immediately without any additional notice or action.
7. 
If any change occurs from the permitted use of a structure as a medical marijuana-infused products manufacturing facility, a new conditional use permit shall be required in all cases.
8. 
The State-licensed operator of any medical marijuana-infused products manufacturing facility shall provide a copy of their state license, issued by the Missouri Department of Health and Senior Services, to the Planning and Zoning Commission annually to confirm their continuing licensed status with the State of Missouri. In the case of a medical marijuana-infused products manufacturing facility that was granted a conditional use permit by the City, the State-licensed operator and the applicant to whom the conditional use permit was issued shall be the same. The City may request such documentation at any time.
[Ord. No. 2476, 9-23-2019]
A. 
A medical marijuana testing facility or a medical marijuana transportation facility may be located as a conditional use in any Research Park District (R-P), Light Industrial District (M-1), Heavy Industrial District (M-2), and Industrial Park District (I-P) upon satisfactory compliance with the provisions of this Section:
1. 
Medical marijuana testing facility or medical marijuana transportation facility conditional use permit applicants shall comply with all provisions of Section 400.240 of the Code of Ordinances regarding conditional use permit applications, including, but not limited to, the requirements of this Section.
2. 
A medical marijuana testing facility or a medical marijuana transportation facility shall have the appropriate State license pursuant to 19 CSR 30-95. An applicant may apply for a conditional use permit upon showing that they have applied for a State license for each medical marijuana facility type applied for, but the conditional use permit shall not be issued until such license has been obtained from the Missouri Department of Health and Senior Services.
3. 
A medical marijuana testing facility or a medical marijuana transportation facility shall not be located closer than five hundred (500) feet to any other medical marijuana facility, except when the facilities share common ownership.
4. 
No medical marijuana testing facility or medical marijuana transportation facility may be located within seven hundred and fifty (750) feet of any then-existing elementary or secondary school, day care, or church.
5. 
The applicant for a medical marijuana testing facility or a medical marijuana transportation facility conditional use permit shall provide the following plans and documentation for City review and approval:
a. 
A site plan for the operation that shall include a floor plan showing where the various activities will be conducted.
b. 
All City-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction related to a medical marijuana facility.
c. 
A plan which reasonably shows that the medical marijuana facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the medical marijuana facility is located.
d. 
A security plan for review and approval by the Grain Valley Police Department, which reasonably shows that the medical marijuana facility can be kept secure from access by unauthorized persons both during and after normal operating hours.
e. 
A waste disposal plan for any unused product, medical marijuana byproduct, or hazardous materials used as part of normal operations by a medical marijuana facility in accordance with Missouri Department of Health and Senior Services guidelines.
f. 
All signage shall conform to the standards of Sections 400.300 and 800.030(E) of the Code of Ordinances as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
6. 
If an application for a medical marijuana testing facility or medical marijuana transportation facility conditional use permit is approved, such conditional use permit shall be personal to the applicant at the approved site and shall not run with the land. In addition, the conditional use permit shall be subject to the applicant's continued compliance with all applicable City ordinances and State law regarding the operation of a medical marijuana testing facility or medical marijuana transportation facility. A medical marijuana testing facility or medical marijuana transportation facility conditional use permit shall be personal to the applicant and shall not be transferable. In the event the applicant's State-issued license expires, terminates, or is revoked for any reason, their conditional use permit shall terminate immediately without any additional notice or action.
7. 
The State-licensed operator of any medical marijuana testing facility or medical marijuana transportation facility shall provide a copy of their State license, issued by the Missouri Department of Health and Senior Services, to the Planning and Zoning Commission annually to confirm their continuing licensed status with the State of Missouri. In the case of a medical marijuana testing facility or medical marijuana transportation facility that was granted a conditional use permit by the City, the State-licensed operator and the applicant to whom the conditional use permit was issued shall be the same. The City may request such documentation at any time.
[Ord. No. 2476, 9-23-2019]
A. 
Should a qualifying patient or primary caregiver decide to cultivate medical marijuana at their residence, the qualifying patient or primary caregiver shall do so in accordance with the provisions of 19 CSR 30-95, the provisions of this Section, and all other relevant Sections of the Code of Ordinances.
B. 
All residential medical marijuana cultivation by a qualifying patient or primary caregiver shall take place within an enclosed, locked facility in accordance with 19 CSR 30-95.030.
C. 
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 sense of smell beyond the boundary of the lot upon which the medical marijuana plants are located. If a qualifying patient or primary caregiver is cultivating in a multiple-tenant building, the qualifying patient or primary caregiver shall not permit odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space the qualifying patient or primary caregiver occupies.