The purpose of this Chapter is to regulate the placement and
licensing of facilities for the dispensing, selling, storing, manufacturing,
and testing of marijuana and marijuana-infused products, to the extent
permitted by the Missouri Constitution, applicable statutes enacted
by the General Assembly, and regulations promulgated by the Missouri
Department of Health and Senior Services, and to protect the health,
safety, and welfare of the residents, businesses, and property owners
in the City.
For the purposes of this Chapter, certain terms and words are
hereby defined. Words used in the present tense include the future;
the singular number shall include the plural, and the plural the singular.
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.
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 the 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.
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 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 a 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 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 State of Missouri 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 State of Missouri 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 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 State of Missouri 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.
PUBLIC PLACE
Any place other than the residence of the qualifying patient
or primary caregiver administering marijuana for medical use, or the
residence of another person when the person in control of the property
has consented to the administering of marijuana for medical use.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying
medical condition as defined in Mo. Const. Art. 14 § 1.
No medical marijuana facility may operate in the City of Fredericktown without a valid license issued by the Missouri Department of Health and Senior Services (DHSS) and a current business license issued by the City of Fredericktown pursuant to Chapter
605. The license issued by the DHSS shall be prominently displayed near the front entrance to the facility as required by State regulations.
No more than one (1) medical marijuana dispensary, one (1) medical
marijuana cultivation facility, one (1) medical marijuana testing
facility, and one (1) medical marijuana-infused products manufacturing
facility shall be issued a business license to operate in the City.
No marijuana facility shall emit a nuisance odor. (An odor is a nuisance if it occurs on a regular basis and unreasonably interferes with the proper use and enjoyment of the property of others.) Any nuisance odor shall be subject to abatement pursuant to Chapter
215. All medical marijuana facilities shall have and maintain an odor-control system which is at least as stringent as that which is required by State regulations.
No medical marijuana facility may use combustible gases or CO2
during the extraction process.
No drive-through windows shall be permitted for any facility.
A medical marijuana dispensary facility shall not dispense more
than four (4) ounces of a usable form of medical marijuana per patient
in a thirty-day period, except as otherwise allowed by law. All marijuana
sold or otherwise distributed shall be in a sealed container. Such
packaging shall have a label that indicates the quantity and advises
the purchaser that the marijuana is intended for use solely by the
patient, and that any resale or redistribution to any third person
is a criminal violation.
The sale or consumption of alcohol within a facility is prohibited.
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 only to qualifying patients
or primary caregivers. Such items may not be publicly displayed.