[Ord. No. 1236-20, 5-11-2020]
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 by the State of Missouri.
The Missouri Department of Health and Senior Services, or
its successor agency.
A violation of, and conviction of or guilty plea to, State
or Federal law that is, or would have been, a felony under Missouri
law, regardless of the sentence imposed, unless the department determines
that:
The person's conviction was for the medical use of marijuana
or assisting in the medical use of marijuana;
The person's conviction was for a non-violent crime for which
he or she was not incarcerated and that is more than (5) five years
old; or
More than (5) five years have passed since the person was released
from parole or probation, and he or she has not been convicted of
any subsequent criminal offenses.
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 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.
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 (0.3%) on a dry weight basis, or commodities or products
manufactured from industrial hemp.
Products that are infused with marijuana or an extract thereof
and arc 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 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.
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 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 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.
A facility certified by the department to acquire, test,
certify, and transport marijuana.
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.
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 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 Chapter 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, posttraumatic 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. 1236-20, 5-11-2020]
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 in Chapter 210 of the City Ordinances.
[Ord. No. 1236-20, 5-11-2020]
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. 1236-20, 5-11-2020]
A.
All
marijuana for medical use sold in 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 State of Missouri
shall be manufactured in a medical marijuana-infused products manufacturing
facility.
[Ord. No. 1236-20, 5-11-2020]
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, 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. 1236-20, 5-11-2020]
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. 1236-20, 5-11-2020]
No person shall consume marijuana for medical use in a jail.
[Ord. No. 1236-20, 5-11-2020]
A.
It
shall be a violation of this Chapter to:
[Ord. No. 1236-20, 5-11-2020]
A.
No
medical marijuana cultivation facility, medical marijuana testing
facility, medical marijuana dispensary facility, or medical marijuana-infused
products manufacturing facility, or entity with a transportation certification
shall be owned, in whole or in part, or have as an officer, director,
board member, manager, employee, or any individual with a disqualifying
felony offense. A "disqualifying felony offense" is a violation of,
and conviction or guilty plea to, State or Federal law that is, or
would have been, a felony under Missouri law, regardless of the sentence
imposed, unless the department determines that:
1.
The person's conviction was for the medical use of marijuana or assisting
in the medical use of marijuana; or
2.
The person's conviction was for a non-violent crime for which he
or she was not incarcerated and that is more than five (5) years old;
or
3.
More than five (5) years have passed since the person was released
from parole or probation, and he or she has not been convicted of
any subsequent criminal offenses.
[Ord. No. 1236-20, 5-11-2020]
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 a 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 which are incorrectly labeled, or fail to correctly
state the potency of the product.
[Ord. No. 1236-20, 5-11-2020]
All edible marijuana-infused products shall be sold in individual,
child-resistant containers that are labeled with dosage amounts, instructions
for use, 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."
[Ord. No. 1236-20, 5-11-2020]
A.
Cultivation
Restrictions.
1.
All qualifying patient cultivation shall take place in an enclosed,
locked facility that is equipped with security devices that permit
access only by the qualifying patient or by such patient's primary
caregiver. Two (2) qualifying patients, who both hold valid qualifying
patient cultivation identification cards, may share one (1) enclosed,
locked facility. No more than twelve (12) qualifying patient or primary
caregiver cultivated flowering marijuana plants may be cultivated
in a single, enclosed locked facility, except when a primary caregiver
also holds a qualifying patient cultivation identification card, in
which case no more than eighteen (18) flowering marijuana plants may
be cultivated in a single, enclosed, locked facility.
2.
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 to be only for purposes of confirming compliance with
this Chapter 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.
B.
Purchase
And Possession Limitations.
1.
Qualifying patients may only purchase or have purchased on their
behalf by their primary caregivers, four (4) ounces of dried, unprocessed
marijuana per qualifying patient, or its equivalent, in a thirty (30)
day period.
2.
Qualifying patients may only possess, or instruct a primary caregiver
to possess on their behalf:
a.
In the case of qualifying patients who do not cultivate or have medical
marijuana cultivated on their behalf, up to a sixty (60) day supply
of dried, unprocessed marijuana per qualifying patient, or its equivalent;
or
b.
In the case of qualifying patients cultivating marijuana for medical
use may possess up to a ninety-day supply, so long as the supply remains
on property under their control. Any such limit shall not apply to
a qualifying patient with written certification from two (2) independent
physicians that there are compelling reasons for additional amounts.
[Ord. No. 1236-20, 5-11-2020]
A.
No
medical marijuana cultivation facility, medical marijuana testing
facility, or medical marijuana-infused products manufacturing facility
shall be sited within one hundred (100) feet of any then-existing
elementary or secondary school, child day-care center, or church.
B.
No
medical marijuana dispensary facility shall be sited within one hundred
(100) feet of any then-existing elementary or secondary school, child
day-care center, or church.
1.
In the case of a freestanding facility, the distance between the
facility and the school, day-care, or church shall be measured from
the front door of the facility structure closest in proximity to the
school, day-care, or church to the front door of the school, day-care,
or church.
2.
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, day-care, or church shall be measured from front door
of the school, day-care, or church to the facility's front door.
3.
Measurements shall be made along the shortest path between the demarcation
points that can be traveled by foot.
[Ord. No. 1236-20, 5-11-2020]
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 of the
issuance of the applicable State medical marijuana license for such
activity.
[Ord. No. 1236-20, 5-11-2020]
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. 1236-20, 5-11-2020]
A.
Each
medical marijuana dispensary facility shall meet the following requirements:
1.
Must be located within a "C-1," "C-2," or "C-3" zoning district.
2.
Must obtain other required City licenses and permits. The facility
must meet all then current building and technical codes, and all State
license requirements.
3.
Must either own the location or have 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.
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 9:00 p.m. the same day. A medical marijuana
dispensary may be open six (6) days a week. The medical marijuana
dispensary will not be allowed to open on Sunday.
9.
All signage for a medical marijuana dispensary shall comply with
the requirements of this Code and State law. In addition, 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.
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 or inhalation of marijuana 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.
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, including, but not limited to, the following:
a.
Devices or a series of devices to detect unauthorized intrusion,
which may include a signal system interconnected with a radio frequency
method, such as cellular or private radio signals, or other mechanical
or electronic devices;
b.
Except in the case of outdoor cultivation, exterior lighting to facilitate
surveillance, which shall cover the exterior and perimeter of the
facility;
c.
Electronic video monitoring, including:
(1)
At least one (1) call-up monitor that is nineteen (19) inches
or more;
(2)
A printer capable of immediately producing a clear still photo
from any video camera image;
(3)
Video cameras with a recording resolution of at least 1920 x
1080, or the equivalent, at a rate of at least fifteen (15) frames
per second, that operate in such a way as to allow identification
of people and activities in the monitored space, in all lighting levels,
that are capable of being accessed remotely by the department or a
law enforcement agency in real time upon request, and that provide
coverage of:
(a)
All entrances and exits of the facility, including windows,
and all entrances and exits from limited access areas;
(b)
The perimeter and exterior areas of the facility, including
the entirety of any outdoor cultivation grow area;
(c)
Each point-of-sale location;
(d)
All vaults or safes; and
(e)
All medical marijuana, from at least two (2) angles, where it
is cultivated, cured, trimmed, processed, rendered unusable, and disposed.
(4)
A method for storing recordings from the video cameras for at
sixty (60) days in a secure on-site or off-site location or through
a service or network that provides on-demand access to the recordings
and that allows for providing copies of the recordings to the department
upon request and at the expense of the facility;
(5)
A failure notification system that provides an audible and visual
notification of any failure in the electronic monitoring system; and
(6)
Sufficient battery backup for video cameras and recording equipment
to support at least sixty (60) minutes of recording in the event of
a power outage.
d.
Controlled entry to limited access areas, which shall be controlled
by electronic card access systems, biometric identification systems,
or other equivalent means, except that, in addition to these means,
all external access doors shall be equipped with a locking mechanism
that may be used in case of power failure. Access information shall
be recorded, and all records of entry shall be maintained for at least
one (1) year;
e.
A method of immediate, automatic notification to alert local law
enforcement agencies of an unauthorized breach of security at the
facility; and
f.
Manual, silent alarms at each point-of-sale, reception area, vault,
and electronic monitoring station with capability of alerting local
law enforcement agencies immediately of an unauthorized breach of
security at the facility;
g.
Shall store all medical marijuana:
[Ord. No. 1236-20, 5-11-2020]
[Ord. No. 1236-20, 5-11-2020]
No person shall extract resins from marijuana using dangerous
materials or combustible gases without a medical marijuana-infused
products manufacturing facility license.
[Ord. No. 1236-20, 5-11-2020]
Any person who shall violate any provision of this Chapter shall be deemed to have committed an offense punishable under Chapter 210 of this Code of City Ordinances.
