City of Grain Valley, MO Chapter 655 Marijuana

Editor's Note: Former Ch. 655, Medical Marijuana, was repealed 9-25-2023 by Ord. No. 2436. Prior history includes R.O. 1996 and Ord. No. 2472.

Section 655.010 Definitions.

[Ord. No. 2436, 9-25-2023]

A. Any term not specifically defined in this Chapter shall have the definition set forth in Article XIV of the Missouri Constitution, if any.

B. Specific Definitions. Unless the context indicates otherwise, the following terms shall have the meaning setforth herein.

ADMINISTER

The direct application of marijuana to a qualifying patient by way of any of the following methods:

1. Ingestion of capsules, teas, oils, and other marijuana-infused products;

2. Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils;

3. Application of ointments or balms;

4. Transdermal patches and suppositories;

5. Consuming marijuana-infused food products.

CHURCH

A permanent building primarily and regularly used as a place of religious worship.

COMPREHENSIVE FACILITY

A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY

A facility licensed by the Department to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones") to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY

A facility licensed by the Department to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient or primary caregiver, as those terms are defined in Section 1 of Article XIV, of the Missouri Constitution, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of this Chapter and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in this Chapter and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the Department to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.

CONSTITUTION

The Constitution of the State of Missouri.

CONSUMER

A person who is at least twenty-one (21) years of age.

DAY CARE

A child-care facility, as defined by Section 215.201, RSMo., or successor provisions, that is licensed by the State of Missouri.

DEPARTMENT

The Department of Health and Senior Services, or its successor agency.

DIRECTLY

For the purpose of this Chapter the term "directly" shall mean the shortest possible practicable route from the medical marijuana facility to the permitted destination or destinations, without any voluntary detours or additional stops.

ENCLOSED, LOCKED FACILITY

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 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

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.

FINE

When used herein shall mean a monetary fine imposed by the Municipal Court for this City.

MARIJUANA BUSINESS

Any facility licensed by the Department of Health and Senior Services under the authority granted by Article XIV of the Missouri Constitution.

MARIJUANA DISPENSARY

Either a medical marijuana dispensary, a comprehensive marijuana dispensary, or a microbusiness as those terms are defined in Art. XIV of the Missouri Constitution.

MARIJUANA FACILITY

A medical marijuana facility or a comprehensive facility as that term is defined by Art. XIV, Section 2, of the Missouri Constitution.

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" do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) 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 and shall also mean a comprehensive marijuana cultivation facility, as that term is defined in Article XIV of the Missouri Constitution.

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-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.

MICROBUSINESS DISPENSARY FACILITY

The term "microbusiness dispensary facility" means a facility licensed by the Department to acquire, process, package, store on site or off-site, sell, transport to or form, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a consumer, qualifying patient, as the term is defined in Section 1 of Article XIV of the Missouri Constitution, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of such Article XIV and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.

MICROBUSINESS WHOLESALE FACILITY

A facility licensed by the Department to acquire, cultivate, process, package, store on site or off site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), and marijuana-infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to two hundred fifty (250) flowering marijuana plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and marijuana-infused products.

PRIMARY CAREGIVER

A person designated as such by the Department.

QUALIFYING PATIENT

A person designated as such by the Department.

THEN-EXISTING

Any school, child day care center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time a business regulated under this Chapter first applies for either zoning or a building permit, whichever comes first.

Section 655.020 Business License; No Additional Licenses.

[Ord. No. 2436, 9-25-2023]

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 license.

Section 655.030 Marijuana Dispensaries.

[Ord. No. 2436, 9-25-2023]

A. Marijuana dispensaries shall not be open to the public or make any sales between the hours of 6:00 P.M. and 8:00 A.M. Stated otherwise, marijuana dispensaries shall have an opening time no earlier than 8:00 A.M. and a closing date of no later than 6:00 P.M. for the purposes of being open to the public and making sales.

B. No marijuana, of any type, may be consumed on the premises of a marijuana dispensary, nor shall the licensee permit such consumption.

C. Any medical marijuana dispensary shall require any customer to display the customers permit card from the Department of Health and Senior Services or other proof of eligibility at the time of each purchase.

D. No person under the age of twenty-one (21) who is not a qualifying patient shall be allowed into a comprehensive marijuana dispensary facility. No person under the age of twenty-one (21) shall be allowed into any microbusiness dispensary. No person under the age of eighteen (18) years old shall be allowed into a medical marijuana dispensary. The foregoing notwithstanding, a qualifying patient who is too young to enter a medical marijuana dispensary, a comprehensive marijuana dispensary, or microbusiness, may do so if such qualifying patient is accompanied by a parent or guardian or if such qualifying patient has been emancipated and shows proof of emancipation.

E. A marijuana dispensary shall have displayed its State-issued license, visible to the public, at all times.

F. Each marijuana dispensary shall be operated from a permanent and fixed location. No marijuana dispensary shall be permitted to operate from a moveable, mobile, or transitory location. This Subsection shall not prevent the physical delivery of marijuana to a customer, patient or the patient's primary caregiver at a location off of the premises of the permittee's marijuana dispensary, to the extent so allowed by law, if:

1. The marijuana was lawfully purchased;

2. The marijuana is delivered only by the permittee or an employee of the permittee;

3. The marijuana is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation; marijuana may not be delivered by drone or any remotely operated vehicle, or by any self-navigating vehicle unless a human occupies such self-navigating vehicle.

G. Paraphenalia designed or intended for use in consuming marijuana may be sold at a marijuana dispensary.

H. A marijuana dispensary shall provide adequate security on the premises of the marijuana dispensary, including, but not limited to, the following:

1. Security surveillance cameras installed to monitor the main entrance along with the interior and exterior of the premises to discourage and to facilitate the reporting of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least seventy-two (72) hours by the permittee;

2. Alarm systems which are professionally monitored and maintained in good working conditions;

3. A locking safe permanently affixed to the premises, or a locked secure storage room, that is suitable for storage of all of the saleable inventory of marijuana if marijuana is to be stored overnight on the premises; and

4. Exterior lighting that illuminates the exterior walls of the business and is compliant with the City Code.

I. Location.

1. A dispensary may not be located within five hundred (500) feet of a then-existing elementary or secondary school, State-licensed child day care center or church (see Section 655.010(B) for definition of "then-existing").

2. 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. 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. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

3. The Board of Aldermen may reduce this distance by resolution if an applicant shows good for the same. The determination of what constitutes good cause shall be in the sole discretion of the Board of Aldermen.

Section 655.035 Off-Site Storage Facilities.

[Ord. No. 2436, 9-25-2023]

Marijuana dispensaries may operate an off-site storage facility for storage of products and inventory. A single off-site storage facility may only be used by a single entity licensed as a marijuana dispensary. An off-site storage facility shall not be open to the public. An off-site storage facility shall comply with the same requirements of a dispensary in regard to location, security, and odor control.

Section 655.040 Marijuana-Infused Products Manufacturing Facility.

[Ord. No. 2436, 9-25-2023]

A. No permit shall be issued or renewed for a marijuana-infused products manufacturing facility that does not meet the standards of this Section.

B. Distance Requirement. No marijuana-infused products manufacturing facility using any combustible gases or CO₂ in the extraction process shall be located within five hundred (500) feet of a then-existing elementary or secondary school, licensed child day care center, or church. Any other marijuana-infused products manufacturing facility many be located in any location where a medical marijuana dispensary may be located as detailed above. Measurements shall be in a method consistent with the City's existing liquor license measurement standard. The Board of Aldermen may reduce this distance by resolution if an applicant shows good for the same. The determination of what constitutes good cause shall be in the sole discretion of the Board of Aldermen.

C. Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a fence with razor wire at least ten (10) feet in height, not including the razor wire or such other alternative security measures approved by the Board of Aldermen.

D. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any marijuana-infused products manufacturing facility at any time.

E. Display Of Licenses Required. The marijuana-infused products manufacturing facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front desk of the facility.

F. The City may revoke the business license of the facility for violations of this Section.

Section 655.050 Marijuana Cultivation And Testing Facilities.

[Ord. No. 2436, 9-25-2023]

A. No permit shall be issued or renewed for a marijuana cultivation or testing facility that does not meet the standards of this Section.

B. Distance Requirement.

1. No marijuana cultivation facility shall be located within five hundred (500) feet of a then-existing elementary or secondary school, State-licensed child day-care center or church (see Section 655.010(B) for definition of "then-existing").

2. 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. 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. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

3. The Board of Aldermen may reduce this distance by resolution if an applicant shows good for the same. The determination of what constitutes good cause shall be in the sole discretion of the Board of Aldermen.

C. Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a fence with razor wire at least ten (10) feet in height, not including the razor wire or such other alternative security measures approved by the Board of Aldermen.

D. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any medical marijuana cultivation facility at any time.

E. Display Of Licenses Required. The medical marijuana cultivation facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front entrance of the facility.

F. The City may revoke the business license of the facility for violations of this Section after notice and an opportunity for a hearing.

Section 655.060 Disposal Of Medical Marijuana.

[Ord. No. 2436, 9-25-2023]

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.

Section 655.070 Edible Marijuana, Labling Requirements.

[Ord. No. 2436, 9-25-2023]

A. No edible marijuana-infused product, packaging, or logo sold in this City pursuant to Article XIV of the Missouri Constitution shall be designed in the shape of a human, animal, or fruit, including realistic, artistic, caricature, or cartoon renderings. However, geometric shapes, including, but not limited to, circles, squares, rectangles, and triangles, shall be permitted.

B. Each package, or packages with or within a package, containing an edible marijuana-infused product with ten (10) or more milligrams of tetrahydrocannabinols (THC) shall be stamped with a universal symbol for such products, which shall consist of the following:

1. A diamond containing the letters "THC";

2. The letter "M" located under the "THC" within the diamond, to signify that the product is for medical purposes; and

3. The number of milligrams of THC in the package.

The universal symbol shall be placed on the front of the package in red and white print and shall measure one-half (1/2) inch by one-half (1/2) inch from point to point.