Village of Kingdom City, MO
Callaway County
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Table of Contents
Table of Contents
[Ord. No. 125, 6-11-2019]
As used in this Chapter, the following terms shall have the meanings indicated:
ADMINISTER
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.
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.
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 (3/10 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 OR DISPENSARY
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.
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 Village 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.
[Ord. No. 125, 6-11-2019]
Medical marijuana businesses shall be required to have a Village business license as required in Chapter 605 but shall not be required to have any other Village issued license.
[Ord. No. 125, 6-11-2019]
A. 
No person shall possess marijuana within the Village, except:
1. 
A qualified patient for the patient's own personal use, in an amount no larger than the law allows, or
2. 
A caretaker of a qualified patient, or patients, but only when transporting the medical marijuana to a qualified patient or when accompanying a qualified patient or patients or when keeping for a qualified patient while with the qualified patient or at the primary caretaker's residence, or
3. 
An owner or an employee of a medical marijuana facility or medical marijuana transportation facility when in compliance with the rules of the department.
[Ord. No. 125, 6-11-2019]
A. 
Medical marijuana dispensaries may be open twenty-four (24) hours each day.
B. 
No medical marijuana, of any type, may be consumed on the premises of a medical 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 eighteen (18) years old shall be allowed into a medical marijuana dispensary; except that 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.
E. 
A Medical marijuana dispensary shall have displayed its State-issued license, visible to the public, at all times.
F. 
No Medical marijuana dispensary 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.
G. 
Each medical marijuana dispensary shall be operated from a permanent and fixed location. No medical marijuana dispensary shall be permitted to operate from a moveable, mobile, or transitory location. This Subsection shall not prevent the physical delivery of medical marijuana to a patient or the patient's primary caregiver at a location, off of the premises of the permittee's medical marijuana dispensary if done in compliance with the department's rules pertaining to transportation of marijuana.
H. 
Devices, contrivances, instruments, and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers and related tools, water pipes, and vaporizers may lawfully be sold at a medical marijuana dispensary. Such items may be sold or provided only to patients or primary care-givers.
I. 
A dispensary shall provide adequate security on the premises of a medical 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. 
Robbery and burglary alarm systems which are professionally monitored and maintained in good working conditions;
3. 
A locking safe permanently affixed to the premises 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 Village Code.
J. 
A dispensary may not be located within one thousand (1,000) feet of a then existing elementary or secondary school, State licensed child day-care center or church. Measurements shall be consistent with the Village's existing liquor license standard. The Village Board of Trustees may reduce this distance by resolution if an applicant shows good cause for the same. The determination of what constitutes good cause shall be in the sole discretion of the Board of Trustees.
[Ord. No. 125, 6-11-2019]
A. 
No building shall be constructed, altered or used for a medical marijuana-infused products manufacturing facility without complying with regulations in this Chapter.
B. 
Distance Requirement. No medical marijuana-infused products manufacturing facility using any combustible gases or CO2 in the extraction process shall be located within one thousand (1,000) feet of a then existing elementary or secondary school, licensed child day-care center, or church. Any other medical 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 Village's existing liquor license measurement standard. The Village Board of Trustees may reduce this distance by resolution if an applicant shows good cause for the same. The determination of what constitutes good cause shall be in the sole discretion of the Board of Trustees.
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 Trustees.
D. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any medical marijuana-infused products manufacturing facility at any time.
E. 
Hours Of Operation. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.
F. 
Display Of Licenses Required. The medical 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.
[Ord. No. 125, 6-11-2019]
A. 
No building shall be constructed, altered or used for a medical marijuana cultivation facility without complying with the regulations of this Chapter.
B. 
Distance Requirement. No medical marijuana cultivation facility shall be located within one thousand (1,000) feet of a then existing elementary or secondary school, State-licensed child day-care center or church. Measurements shall be consistent with the Village's existing liquor license standard. The Village Board of Trustees may reduce this distance by resolution if an applicant shows good cause for the same. The determination of what constitutes good cause shall be in the sole discretion of the Board of Trustees.
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 Trustees.
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.
[Ord. No. 125, 6-11-2019]
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.
[Ord. No. 125, 6-11-2019]
A. 
To the extent allowed by State law, marijuana for medicinal purposes may be cultivated in a residential structure, provided:
1. 
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.
2. 
The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation are not allowed out of the building, or if the residence is in a multi-family building, that such fumes and vapors are not allowed into any other residence.
3. 
The cultivation must comply with the security and other requirements of State law and the rules of the Division of Health and Senior Services.
4. 
The resident has notified the Village Clerk, including providing proof of eligibility, on a form provide by the Village Clerk, so that law enforcement and code officials will be aware that the cultivation is lawfully taking place.
[Ord. No. 125, 6-11-2019]
Qualified patients may dispense 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. In a multi-family or similar dwelling, medical marijuana may not be dispensed or consumed in any common area.