[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.
- a.
- 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.
[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.
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.
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.
