City of Pleasant Valley, MO
Clay County
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Table of Contents
Table of Contents
Cross References — Controlled substances, ch. 210; medical marijuana regulations, ch. 800.
[Ord. No. 3358, 11-4-2019]
For the purposes 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. 3358, 11-4-2019]
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), so long as it remains in effect.
[Ord. No. 3358, 11-4-2019]
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 required by Chapter 605 of the Municipal Code but shall not be required to have any other City-issued license.
[Ord. No. 3358, 11-4-2019]
A. 
A medical marijuana dispensary may be located as a permitted use in any Local Business District (C-1) upon satisfactory compliance with the provisions of this Section:
1. 
A medical marijuana dispensary shall have the appropriate State license from the Missouri Department of Health and Senior Services, pursuant to 19 CSR 30-95.
2. 
A medical marijuana dispensary may be permitted to operate together with another medical marijuana facility in a single location, provided that the applicant has complied with the requirements of 19 CSR 30-95.040.
3. 
No medical marijuana dispensary shall be located within three hundred (300) feet of any then-existing elementary or secondary school, day care, or church.
4. 
The owner(s) of a medical marijuana dispensary shall provide the following plans and documentation to the Zoning Administrator and/or Zoning Enforcement Officer. The Zoning Administrator and/or Zoning Enforcement Officer and other City staff members shall review and approve. If the property is not zoned C-1, then in addition to the submittal of the following plans and documentation, an application to rezone the property shall be submitted for approval by the Planning and Zoning Commission and Board of Aldermen:
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 Pleasant 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 Chapter 507 of the Municipal Code[1] as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
[1]
Editor's Note: See Ch. 507, Sign Regulations.
5. 
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 Zoning Administrator and/or Zoning Enforcement Officer annually to confirm their continuing licensed status with the State of Missouri. The City may request such documentation at any time.
[Ord. No. 3358, 11-4-2019]
A. 
A medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, medical marijuana testing facility, and medical marijuana transportation facility may be located as a permitted use in any Light Industrial District (M-1) upon satisfactory compliance with the provisions of this Section:
1. 
A medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, medical marijuana testing facility, or a medical marijuana transportation facility shall have the appropriate State license from the Missouri Department of Health and Senior Services, pursuant to 19 CSR 30-95.
2. 
A medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, medical marijuana testing facility, or a marijuana transportation facility may be permitted to operate together with another medical marijuana facility in a single location, provided that the applicant has complied with the requirements of 19 CSR 30-95.040.
3. 
No medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, medical marijuana testing facility, or a medical marijuana transportation facility may be located within three hundred (300) feet of any then-existing elementary or secondary school, day care, or church.
4. 
The owner(s) of any medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, medical marijuana testing facility, or a medical marijuana transportation facility shall provide the following plans and documentation to the Zoning Administrator and/or Zoning Enforcement Officer. The Zoning Administrator and/or Zoning Enforcement Officer and other City staff members shall review and approve. If the property is not zoned M-1, then in addition to the submittal of the following plans and documentation, an application to rezone the property shall be submitted for approval by the Planning and Zoning Commission and Board of Aldermen:
a. 
A site plan for the operation 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 medical marijuana facility.
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 Pleasant 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 Chapter 507 of the Municipal Code[1] as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
[1]
Editor's Note: See Ch. 507, Sign Regulations.
5. 
The State-licensed operator of any medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, 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 Zoning Administrator and/or Zoning Enforcement Officer annually to confirm their continuing licensed status with the State of Missouri. The City may request such documentation at any time.
[Ord. No. 3358, 11-4-2019]
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 Municipal Code.
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.