[Ord. No. 17.863, 11-4-2019]
For the purposes of this Chapter, the following words and phrases
shall have the meanings set forth in this Section:
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.
A permanent building primarily and regularly used as a place
of religious worship.
A child-care facility, as defined by Section 210.201, RSMo.,
that is licensed, regulated or subsidized by the State of Missouri
or any of its agencies, bodies or those contracting with the State
of Missouri to perform licensing or regulation.
The Missouri Department of Health and Senior Services, or
its successor agency.
Any public school as defined in Section 160.011, RSMo., or
any private school giving instruction in a grade or grades not higher
than the twelfth (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.
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
An outdoor stationary structure;
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;
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
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 natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited liability company, general or limited partnership,
limited liability partnership, joint venture, or any other legal entity.
A marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
A document, whether in paper or electronic formal, issued
by the department that authorizes a qualifying patient, primary caregiver,
or employee or contractor of a licensed facility to access medical
marijuana as provided by law.
Cannabis indica, Cannabis sativa, and Cannabis ruderalls,
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 (0.3%) percent on a dry weight basis, or commodities or products
manufactured from industrial hemp.
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.
A facility licensed by the State of Missouri's Department
of Health and Senior Services or its successor agency, 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.
A facility licensed by the State of Missouri's Department
of Health and Senior Services or its successor agency, to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products,
and drug paraphernalia used to administer marijuana as provided for
in this Chapter 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.
A facility licensed by the State of Missouri's Department
of Health and Senior Services or its successor agency, 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.
A facility certified by the State of Missouri's Department
of Health and Senior Services or its successor agency, to acquire,
test, certify, and transport marijuana.
A facility certified by the State of Missouri's Department
of Health and Senior Services or its successor agency, 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.
The production, possession, delivery, distribution, transportation,
or administration of marijuana or a marijuana-infused product, or
drug paraphernalia used to administer marijuana or a marijuana-infused
product, for the benefit of a qualifying patient to mitigate the symptoms
or effects of the patient's qualifying medical condition.
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
A license is in good standing if it is registered with the Missouri
Board of Healing Arts as current, active, and not restricted in any
way, such as by designation as temporary or limited.
Practice of medicine or osteopathy means practice by persons
who hold a physician and surgeon license pursuant to Chapter 334,
RSMo., including those who are admitted to practice in Missouri by
reciprocity pursuant to Section 334.043, RSMo.
A document, whether handwritten, electronic or in another
commonly used format, signed by a physician and stating that, in the
physician's professional opinion, the patient suffers from a qualifying
medical condition.
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.
Any public or private property, or portion of public or private
property, that is open to the general public, including, but not limited
to, sidewalks, streets, bridges, parks, schools, and businesses. However,
for purposes of designating a non-public place within a public place,
the owner or entity with control of any such property may, but is
not required to, provide one (1) or more enclosed, private spaces
where one (1) qualifying patient and, if required by the owner or
entity with control of any such property, a representative of such
owner or entity, may congregate for the qualifying patient to consume
medical marijuana. The qualifying patient may be accompanied by the
family of the qualifying patient, the qualifying patient's primary
caregiver, and/or the qualifying patient's physician. The owner or
entity with control of any such property may provide such a space
by individual request or designate such a space for ongoing use and
may limit use of medical marijuana in that space to uses that do not
produce smoke. Any such permission shall be given in writing and provided
to the qualifying patient or publicly posted prior to a qualifying
patient's use of medical marijuana in that space.
The condition of, symptoms related to, or side-effects from
the treatment of:
Cancer;
Epilepsy;
Glaucoma;
Intractable migraines unresponsive to other treatment;
A chronic medical condition that causes severe, persistent pain
or persistent muscle spasms, including but not limited to those associated
with multiple sclerosis, seizures, Parkinson's disease, and Tourette's
syndrome;
Debilitating psychiatric disorders, including, but not limited
to, post-traumatic stress disorder, if diagnosed by a State-licensed
psychiatrist;
Human Immunodeficiency virus or acquired immune deficiency syndrome;
A chronic medical condition that is normally treated with a
prescription medication that could lead to physical or psychological
dependence, when a physician determines that medical use of marijuana
could be effective in treating that condition and would serve as a
safer alternative to the prescription medication;
Any terminal illness; or
In the professional judgment of a physician, any other chronic,
debilitating or other medical condition, including, but not limited
to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel
disease, Crohn's disease, Huntington's disease, autism, neuropathies,
sickle cell anemia, agitation of Alzheimer's disease, cachexia, and
wasting syndrome.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
All other definitions contained in 29 CSR 30-95.010 are incorporated
herein by reference. In the event of a conflict between the definitions
contained in this Section and those in 29 CSR 30-95.010, the definitions
in 29 CSR 30-95.010 shall control.
[Ord. No. 17.863, 11-4-2019]
No qualifying patient shall consume marijuana for medical use in a public place, unless provided by law. Violation of this prohibition shall subject the violator to sanctions as provided by general law, including all penalties provided under the Ordinances of the City of California, Missouri, specifically including Section 100.040.
[Ord. No. 17.863, 11-4-2019]
A.
No
sales of medical marijuana shall be made to non-emancipated qualifying
patients under eighteen (18) years of age in a manner consistent with
State law except with consent of the patient's parent or guardian.
B.
A physician
shall not issue a certification for the medical use of marijuana for
a non-emancipated qualifying patient under the age of eighteen (18)
without the written consent of the qualifying patient's parent or
legal guardian.
C.
Only
a parent or guardian may serve as a primary caregiver for a non-emancipated
qualifying patient under the age of eighteen (18). Only the qualifying
patient's parent or guardian shall purchase or possess medical marijuana
for a non-emancipated qualifying patient under the age of eighteen
(18). A parent or guardian shall supervise the administration of medical
marijuana to a non-emancipated qualifying patient under the age of
eighteen (18).
[Ord. No. 17.863, 11-4-2019]
A.
All
marijuana for medical use sold in California, Missouri, shall be cultivated
in a licensed medical marijuana cultivation facility located in Missouri.
B.
All
marijuana-infused products for medical use sold in the City of California,
State of Missouri, shall be manufactured in a medical marijuana-infused
products manufacturing facility located in Missouri.
[Ord. No. 17.863, 11-4-2019]
A.
Except
as provided by State law, the possession of marijuana in quantities
less than the limits of provided by State law, or established by the
department, and transportation of marijuana from a medical marijuana
dispensary facility to the qualifying patient's residence shall not
subject the possessor to arrest, criminal or civil liability, or sanctions
under Missouri law including the ordinances of the City of California,
provided that the possessor produces on demand to the appropriate
authority a valid qualifying patient identification card; a valid
qualifying patient cultivation identification card; a valid physician
certification while making application for an identification card;
or a valid primary caregiver identification card. Production of the
respective equivalent identification card or authorization issued
by another State or political subdivision of another State shall also
meet the requirements of this Subsection.
B.
All
medical marijuana purchased from a dispensary must be stored in or
with its original packaging.
[Ord. No. 17.863, 11-4-2019]
A.
A primary
caregiver shall be in violation of this Chapter for purchasing, transporting,
or administering marijuana for medical use to a qualifying patient
or participating in the patient cultivation of more than six (6) flowering
marijuana plants per patient, or in a manner not consistent with State
law, or generally not in accordance with established legal standards
of personal or professional conduct.
B.
No
individual shall serve as the primary caregiver for more than three
(3) qualifying patients.
[Ord. No. 17.863, 11-4-2019]
No person shall consume marijuana for medical use in a jail.
[Ord. No. 17.863, 11-4-2019]
A.
It
shall be a violation of this Chapter to:
[Ord. No. 17.863, 11-4-2019]
A.
No
medical marijuana cultivation facility, medical marijuana dispensary
facility, or medical marijuana-infused products manufacturing facility
shall manufacture, package or label marijuana or marijuana-infused
products in a false or misleading manner. No person shall sell any
product in a manner designed to cause confusion between marijuana
or marijuana-infused product and any product not containing marijuana.
B.
Edible
marijuana-infused products shall not contain contaminants injurious
to human health, or are incorrectly labeled, or fail to correctly
state the potency of the product.
C.
All
packaging and labeling shall be in accordance with State law.
[Ord. No. 17.863, 11-4-2019]
A.
All
edible marijuana-infused products shall be sold in individual, child-resistant
containers that are labeled with dosage amounts, instructions for
us, and estimated length of effectiveness. All marijuana and marijuana-infused
products shall be sold in containers clearly and conspicuously labeled,
in a font size at least as large as the largest other font size used
on the package, as containing "marijuana," or a "marijuana-infused
product."
1.
Cultivation Restrictions. All qualifying patient cultivation shall
take place in an enclosed, locked facility that meets all requirements
of State law, including State regulations. All qualifying patient
cultivation facilities must be registered with the City, and the patient
must agree the facility is subject to inspection to assure compliance
with this Chapter and State law. Such access is only for purposes
of confirming compliance with these ordinances and State law and will
be limited to the enclosed locked facility and any areas necessary
to reach and enter the facility on a path of the patient's or primary
caregiver's choosing.
2.
Purchase And Possession Limitations. Purchase and possession limitations
are as imposed by State law, including State regulations.
[Ord. No. 17.863, 11-4-2019]
A.
No
medical marijuana cultivation facility, medical marijuana testing
facility, or medical marijuana-infused products manufacturing facility
shall be sited within one thousand (1,000) feet of any then-existing
elementary or secondary school, child daycare center, or church.
B.
No
medical marijuana dispensary facility shall be sited within one thousand
(1,000) feet of any then-existing elementary or secondary school,
child daycare center, or church.
C.
In
the case of a freestanding facility, the distance between the facility
and the school, daycare, or church shall be measured from the external
wall of the facility structure closest in proximity to the school,
daycare, or church to the closest point of the property line of the
school, daycare, or church. If the school, daycare, 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,
daycare, or church closest in proximity to the facility.
D.
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, daycare, or church shall be measured from the property
line of the school, daycare, or church to the facility's entrance
or exit closest in proximity to the school, daycare, or church. If
the school, daycare, 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, daycare, or church closest
in proximity to the facility.
E.
Measurements
shall be made along the shortest path between the demarcation points
that can be lawfully traveled by foot.
[Ord. No. 17.863, 11-4-2019]
Before any person shall be entitled to use, cultivate, manufacture,
sell or distribute medical marijuana within the City, the person must
have first satisfied all the requirements of the medical marijuana
laws of the State of Missouri and must provide written proof to the
City of the issuance of the applicable State medical marijuana license
for such activity.
[Ord. No. 17.863, 11-4-2019]
Each medical marijuana cultivation facility, medical marijuana
dispensary facility, medical marijuana testing facility, or medical
marijuana-infused products manufacturing facility shall obtain a business
license from the City. At the time of application for the license
the licensee shall present to the City a valid State license for the
facility.
[Ord. No. 17.863, 11-4-2019]
A.
Each
medical marijuana dispensary facility shall meet the following requirements:
1.
Must meet the set back requirements established under City ordinances
and State law.
2.
Must obtain and keep current at all times, all other required City
licenses and permits. The facility must meet all current building
and technical codes, and all State license requirements.
3.
Must either own the location or possess a notarized statement from
the owner of such property authorizing the business at the location.
4.
Must have a valid State license for the location.
5.
Must not be located in a building or structure that contains a residential
unit.
6.
Must 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 does not prevent the physical
delivery of medical marijuana to a patient or the patient's primary
caregiver at a location off the premises of the permittee's medical
marijuana dispensary if:
a.
The marijuana was lawfully purchased by the patient or the patient's
primary caregiver from the permittee's medical marijuana dispensary;
b.
The marijuana is delivered only to the patient or the patient's primary
caregiver;
c.
The marijuana is delivered only by the permittee or an employee of
the permittee; and
d.
The marijuana is delivered only by the use of a motor vehicle, bicycle,
or other lawful means of transportation.
e.
The delivery is in all respects compliant with State law.
7.
No medical marijuana dispensary shall be operated as a "home occupation."
8.
A medical marijuana dispensary may open no earlier than 8:00 a.m.
and shall close no later than 10:00 p.m. the same day. A medical marijuana
dispensary may be open seven (7) days a week. Medical marijuana dispensaries
shall be secured and closed to the public after the hours listed in
this Subsection and no persons not employed by the medical marijuana
dispensary may be present in such facility at any time it is closed
to the public.
9.
All signage for a medical marijuana dispensary shall comply with
the requirements of the City of California, (and if applicable, requirements
of the State of Missouri) as may be amended from time to time.
10.
There shall be posted in a conspicuous location in each medical marijuana
dispensary a legible sign containing the following warnings:
a.
A warning that the diversion of marijuana for non-medical purposes
is a violation of State law;
b.
A warning that the use of medical marijuana may impair a person's
ability to drive a motor vehicle or operate machinery, and that it
is illegal under State law to drive a motor vehicle or to operate
machinery when under the influence of or impaired by marijuana; and
c.
A warning that possession and distribution of marijuana is a violation
of Federal law.
11.
The consumption, ingestion, or inhalation of marijuana, in any form,
on or within the premises of a medical marijuana dispensary is prohibited.
12.
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 qualifying patients or primary caregivers.
13.
The sale or consumption of an alcoholic beverage within a medical
marijuana dispensary is prohibited.
14.
Signage and advertising on facility premises must comply with the
following:
a.
A facility may not display marijuana, marijuana paraphernalia, or
advertisements for these items in a way that is visible to the general
public from a public right-of-way.
b.
Outdoor signage and, if visible to the public, interior signage,
must comply with any ordinances for signs or advertising and:
(1)
May not display any text other than the facility's business
name or trade name, address, phone number, and website; and
(2)
May not utilize images or visual representations of marijuana
plants, products, or paraphernalia, including representations that
indicate the presence of these items, such as smoke. No permittee
shall display a sign for the medical marijuana dispensary that contains
the word "marijuana" or a graphic image of any portion of a marijuana
plant.
(3)
Facilities shall not advertise in a manner that is inconsistent
with the medicinal use of medical marijuana or use advertisements
that promote medical marijuana for recreational or any use other than
for legitimate medicinal purposes.
c.
The medical marijuana license issued by the State of Missouri shall
be prominently displayed in a highly visible location within the facility,
easily seen by patients.
15.
The medical marijuana dispensary facility must meet all State requirements
for design and staffing of the facility.
16.
A permittee shall provide adequate security on the premises of a
medical marijuana dispensary as required by State law and which shall
have the capability of alerting local law enforcement agencies immediately
of an unauthorized breach of security at the facility.
[Ord. No. 17.863, 11-4-2019]
A.
Each
medical marijuana cultivation facility, medical marijuana testing
facility, or medical marijuana-infused products manufacturing facility
shall meet the following requirements:
1.
Must meet the set back requirements established under City ordinances
and State law.
2.
Must obtain and keep current at all times, all other required City
licenses and permits. The facility must meet all current building
and technical codes, and all State license requirements.
3.
Must either own the location or possess a notarized statement from
the owner of such property authorizing the business at the location.
4.
Must meet all State licensing requirements and have a valid State
license for the location.
5.
Must not be located in a building or structure that contains a residential
unit.
6.
Must be operated from a permanent and fixed location.
7.
No such facility shall be operated as a "home occupation."
8.
A medical marijuana cultivation facility, medical marijuana testing
facility, or medical marijuana-infused products manufacturing facility
may open no earlier than 8:00 a.m. and shall close no later than 8:00
p.m. the same day. Medical marijuana cultivation facilities, medical
marijuana testing facilities, or medical marijuana-infused products
manufacturing facilities shall be secured and closed to the public.
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 any such visitor shall be required to obtain a visitor
pass and maintain same on his or her person at all times while within
the facility.
9.
All signage for a medical marijuana cultivation facility, medical
marijuana testing facility, or medical marijuana-infused products
manufacturing facility shall comply with the requirements of the City
of California, (and if applicable, requirements of the State of Missouri)
as may be amended from time to time.
10.
The consumption, ingestion, or inhalation of marijuana, in any form,
on or within the premises of a medical marijuana cultivation facility,
medical marijuana testing facility, or medical marijuana-infused products
manufacturing facility is prohibited.
11.
The sale or consumption of an alcoholic beverage within a medical
marijuana cultivation facility, medical marijuana testing facility,
or medical marijuana-infused products manufacturing facility is prohibited.
12.
Signage and advertising on facility premises must comply with the
following:
a.
A facility may not display marijuana, marijuana paraphernalia, or
advertisements for these items in a way that is visible to the general
public from a public right-of-way.
b.
Outdoor signage and, if visible to the public, interior signage,
must comply with any ordinances for signs or advertising and:
(1)
May not display any text other than the facility's business
name or trade name, address, phone number, and website; and
(2)
May not utilize images or visual representations of marijuana
plants, products, or paraphernalia, including representations that
indicate the presence of these items, such as smoke. No permittee
shall display a sign for the facility that contains the word "marijuana"
or a graphic image of any portion of a marijuana plant.
(3)
Facilities shall not advertise in a manner that is inconsistent
with the medicinal use of medical marijuana or use advertisements
that promote medical marijuana for recreational or any use other than
for legitimate medicinal purposes.
c.
The medical marijuana license issued by the State of Missouri shall
be prominently displayed in a highly visible location within the facility.
13.
The medical marijuana cultivation facility, medical marijuana testing
facility, or medical marijuana-infused products manufacturing facility
must meet all State requirements for design and staffing of the facility.
14.
A permittee shall provide adequate security on the premises of a
medical marijuana cultivation facility, medical marijuana testing
facility, or medical marijuana-infused products manufacturing facility
as required by State law and which shall have the capability of alerting
local law enforcement agencies immediately of an unauthorized breach
of security at the facility.
[Ord. No. 17.863, 11-4-2019]
A.
No
person shall extract resins from marijuana using dangerous materials
or combustible gases without a medical marijuana-infused products
manufacturing facility license.
B.
All
medical marijuana businesses shall install and operate a filtration
and/or ventilation system that will prevent any odor of marijuana,
or marijuana smoke, from leaving the premises of the business. No
odors shall be detectable by a person with a normal sense of smell
outside the boundary of the parcel on which the facility is located.
C.
All
operations and all storage of materials, products, or equipment for
marijuana cultivation, marijuana testing or marijuana-infused manufacturing
facilities shall be within a fully secured area inside the building
structure.
D.
All
uses, at any medical marijuana facilities, shall remain in compliance
with Section 1 of Article XVI of the Missouri Constitution, and the
regulations duly adopted by the State of Missouri, Department of Health
and Human Services.
[Ord. No. 17.863, 11-4-2019]
Any person who shall violate any provision of this Chapter shall be deemed to have committed an offense punishable under Section 100.040 of this Code of City ordinances. Each day of operation in violation of this Chapter shall be deemed a separate offense.
