[Ord. No. 2022-15, 12-13-2022[1]]
A. 
Any term not specifically defined in this Chapter shall have the definition set forth in Article XIV of the Constitution, if any.
B. 
Specific Definitions. Unless the context indicates otherwise, the following terms shall have the meaning set forth herein.
ADMINISTER
The direct application of marijuana to a qualifying patient by way of any of the following methods:
a. 
Ingestion of capsules, teas, oils, and other marijuana-infused products:
b. 
Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils:
c. 
Application of ointments or balms:
d. 
Transdermal patches and suppositories:
e. 
Consuming marijuana-infused food products.
CHURCH
A permanent building primarily and regularly used as a place of religious worship.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, a comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the department to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones") to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient or primary caregiver, as those terms are defined in this Section, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of this Chapter and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the Internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in this Chapter and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.
CONSTITUTION
The Constitution of the State of Missouri.
CONSUMER
A person who is at least twenty-one (21) years of age.
DAY CARE
A child-care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the state of Missouri.
DEPARTMENT
The Department of Health and Senior Services or its successor agency.
ENCLOSED, LOCKED FACILITY
An indoor stationary closet, room, garage, greenhouse, or other comparable fully enclosed space equipped with locks or other functioning security devices that permit access only to 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:
a. 
That is enclosed on all sides, except at the base, by chain-link fencing, wooden slats, or 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.
FINE
When used herein shall mean a monetary fine imposed by the Municipal Court for this City.
MARIJUANA ACCESSORIES
Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.
MARIJUANA BUSINESS
Any facility licensed by the Department of Health and Senior Services under the authority granted by Article XIV of the Constitution.
MARIJUANA DISPENSARY
Either a medical marijuana dispensary or a comprehensive marijuana dispensary or a micro-business as those terms are defined in Art. XIV of the Constitution.
MARIJUANA FACILITY
Any facility regulated by the Department of Health and Senior Services under the authority of Article XIV of the Constitution, whether such facility be a medical marijuana facility, a comprehensive marijuana facility or a micro-business and including in addition any marijuana storage facility.
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 (0.3) of one percent (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 and shall also mean a comprehensive marijuana cultivation facility, as that term is defined in Article XIV of the Constitution.
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 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.
THEN EXISTING
Any school, child day-care center, or church with a written building permit from the City 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.
[1]
Editor's Note: This ordinance superseded former Ch. 620, Medical Marijuana, adopted 5-7-2019 by Ord. No. 2019-06.
[Ord. No. 2022-15, 12-13-2022]
Marijuana businesses shall be required to have a City business license but shall not be required to have any other City-issued license.
[Ord. No. 2022-15, 12-13-2022]
A. 
Marijuana dispensaries shall not be open to the public or make any sales between the hours of 9:00 P.M. and 8:00 A.M.
B. 
No marijuana, of any type, may be consumed on the premises of a marijuana dispensary, nor shall the licensee permit such consumption.
C. 
Any medical marijuana dispensary shall require any customer to display the customer's permit card from the Department of Health and Senior Services at the time of purchase. Any other marijuana dispensary shall require the purchaser to show a driver's license or other proof of age at the time of each purchase.
D. 
No person under the age of twenty-one (21) who is not a qualifying patient shall be allowed into a comprehensive marijuana dispensary facility. No person under the age of twenty-one (21) shall be allowed into any micro-business dispensaries. No person under the age of eighteen (18) years old shall be allowed into a medical marijuana dispensary. The foregoing notwithstanding, a qualifying patient who is too young to enter a medical marijuana dispensary, a comprehensive marijuana dispensary, or a micro-business, may do so if such qualifying patient is accompanied by a parent or guardian or if such qualifying patient has been emancipated and shows proof of emancipation.
E. 
A marijuana facility shall have displayed its State-issued license, visible to the public, at all times.
F. 
Each marijuana dispensary shall be operated from a permanent and fixed location. No marijuana dispensary shall be permitted to operate from a moveable, mobile, or transitory location. This subsection shall not prevent the physical delivery of marijuana to a customer, patient, or the patient's primary caregiver at a location off of the premises of the permittee's marijuana dispensary, to the extent so allowed by law, if:
1. 
The marijuana was lawfully purchased;
2. 
The marijuana is delivered only by the permittee or an employee of the permittee;
3. 
The marijuana is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation; marijuana may not be delivered by drone or any remotely operated vehicle, or by any self-navigating vehicle unless a human occupies such self-navigating vehicle.
G. 
Marijuana accessories designed or intended for use in consuming marijuana may be sold at a marijuana dispensary.
H. 
A marijuana dispensary shall provide adequate security on the premises of the 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 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. 
Alarm systems that are professionally monitored and maintained in good working conditions;
3. 
A locking safe permanently affixed to the premises, or a locked secure storage room, 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 City Code.
[Ord. No. 2022-15, 12-13-2022]
A. 
A marijuana facility may not be located within one thousand (1,000) feet of a then existing[1] elementary or secondary school, State-licensed child day-care center, or church.
[1]
Editor's Note: See Section 620.010(B) for the definition of "then existing."
B. 
In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, 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, day care, or church closest in proximity to the facility. 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 the property line of the school, day care, or church to the facility's entrance or exit closest in proximity to the school, day care, or church. If the school, day care, 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, day care, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
C. 
No marijuana facility shall be located closer than one thousand (1,000) feet to any other dispensary or medical marijuana facility except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Measurements shall be calculated in the same manner as for distance from schools.
D. 
No marijuana facility shall be located within five hundred (500) feet of a residentially zoned district.
E. 
The Board of Aldermen may reduce this distance by resolution if an applicant shows good cause for the same. The determination of what constitutes good cause shall be at the sole discretion of the Board of Aldermen.
[Ord. No. 2022-15, 12-13-2022]
A. 
Marijuana dispensaries may operate an off-site storage facility for the storage of products and inventory. A single off-site storage facility may only be used by a single entity licensed as a marijuana dispensary. An off-site storage facility shall not be open to the public. An off-site storage facility shall comply with the same requirements of a dispensary in regard to location, security, and odor control.
B. 
No off-site storage facility shall be located closer than one thousand (1,000) feet to any other marijuana facility except the distance requirement shall not apply to the dispensary for which the off-site storage facility is storing inventory. Measurements shall be calculated in the same manner as for distance from schools.
C. 
No storage facility shall be located within five hundred (500) feet of a residentially zoned district.
D. 
The Board of Aldermen may reduce this distance by resolution if an applicant shows good cause for the same. The determination of what constitutes good cause shall be at the sole discretion of the Board of Aldermen.
[Ord. No. 2022-15, 12-13-2022]
A. 
No permit shall be issued or renewed for a marijuana-infused products manufacturing facility that does not meet the standards of this Section.
B. 
Distance Requirement. No marijuana-infused products manufacturing facility using any combustible gases or CO2 in the extraction process shall be located within 1000 feet of a then existing elementary or secondary school, licensed child day-care center, or church. Any other marijuana-infused products manufacturing facility may 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 City's existing liquor license measurement standard. The Board of Aldermen may reduce this distance by resolution if an applicant shows good cause for the same. The determination of what constitutes good cause shall be at the sole discretion of the Board of Aldermen.
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 Aldermen.
D. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any marijuana-infused products manufacturing facility at any time.
E. 
Display Of Licenses Required. The 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.
F. 
The City may revoke the business license of the facility for violations of this Section.
[Ord. No. 2022-15, 12-13-2022]
A. 
No permit shall be issued or renewed for a marijuana cultivation or testing facility that does not meet the standards of this Section.
B. 
Distance Requirement.
1. 
No marijuana cultivation facility shall be located within one thousand (1,000) feet of a then existing[1] elementary or secondary school, state-licensed child day-care center, or church.
[1]
Editor's Note: See Section 620.010 for the definition of "then existing."
2. 
In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, 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, day care, or church closest in proximity to the facility. 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 the property line of the school, day care, or church to the facility's entrance or exit closest in proximity to the school, day care, or church. If the school, day care, or church is part of a large r structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
3. 
The Board of Aldermen may reduce this distance by resolution if an applicant shows good cause for the same. The determination of what constitutes good cause shall be at the sole discretion of the Board of Aldermen.
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 Aldermen.
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.
F. 
The City may revoke the business license of the facility for violations of this Section after notice and an opportunity for a hearing.
[Ord. No. 2022-15, 12-13-2022]
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. 2022-15, 12-13-2022]
A. 
No edible marijuana-infused product, packaging, or logo sold in this City pursuant to Article XIV of the Missouri Constitution shall be designed in the shape of a human, animal, or fruit, including realistic, artistic, caricature, or cartoon renderings. However, geometric shapes, including, but not limited to, circles, squares, rectangles, and triangles shall be permitted.
B. 
Packages To Be Stamped With Universal Symbol.
1. 
Each package, or packages with or within a package, containing an edible marijuana-infused product with ten (10) or more milligrams of tetrahydrocannabinol (THC) shall be stamped with a universal symbol for such products, which shall consist of the following:
a. 
A diamond containing the letters "THC";
b. 
The letter "M" located under the "THC" within the diamond, to signify that the product is for medical purposes; and
c. 
The number of milligrams of THC in the package.
2. 
The universal symbol shall be placed on the front of the package in red and white print and shall measure one-half (1/2) inch by one-half (1/2) inch from point to point.
620 THCM Sign.tiff
[Ord. No. 2022-15, 12-13-2022]
A. 
In addition to the requirements for cultivation facilities in Section 620.070 above and 19 CSR 30-95.100, cultivation facilities shall also comply with the following:
1. 
Transportation facilities shall transport all medical marijuana from an originating facility to a destination facility within twenty-four (24) hours.
2. 
No marijuana may be smoked, ingested, or otherwise consumed on the premises of any transportation facility at any time.
[Ord. No. 2022-15, 12-13-2022]
A. 
Any medical marijuana facility or comprehensive marijuana facility authorized by Article XIV of the Missouri Constitution which generates marijuana smoke or odor that is capable of being detected by a person of ordinary senses (including, but not limited to, any Police Officer) beyond the property line of the facility is hereby declared to be a nuisance. In addition to any other remedy provided for the abatement of nuisances, the City may revoke the business license of any such facility for violation of this Section after notice and the opportunity for a hearing.
B. 
It is hereby declared that the allowance of marijuana smoke or odors to be detectable by a person of ordinary senses, including, but not limited to, a Police Officer, beyond the property line of a single-family residence, or beyond the space controlled by a tenant in a multifamily structure, is declared to be a public nuisance.
[Ord. No. 2022-15, 12-13-2022]
A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance or controlled substance analog, as those terms are defined in Section 195.010, RSMo., except as authorized by Chapter 579, RSMo., Chapter 195, RSMo., but excluding the possession of six (6) or fewer ounces of marijuana.
[Ord. No. 2022-15, 12-13-2022]
Any person who is in possession of medical marijuana shall, immediately upon the request of any Law Enforcement Officer, produce a valid permit issued by the Missouri Department of Health and Senior Services (or its successor) for such possession, including, but not limited to, a qualified patient identification card, a qualified caregiver card, or a similar card issued by another state. Any person who fails to produce such a permit upon request shall be guilty of the offense of failure to produce a medical marijuana permit. Conviction of this offense shall be punishable by a fine not to exceed fifty dollars ($50.00).
[Ord. No. 2022-15, 12-13-2022]
No person shall use or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance in violation of Sections 195.005 to 195.425, RSMo., except that this Section shall not be interpreted to apply to any marijuana accessories as that term is defined in Section 620.010.
[Ord. No. 2022-15, 12-13-2022]
A. 
A person commits the offense of driving under the influence of marijuana if he/she operates a motor vehicle under the influence of marijuana. For the purpose of determining the presence of marijuana in a person's blood under this Section, a test shall be conducted in accordance with the provisions of Sections 342.040 through 342.050 of Chapter 342 of this Code of Ordinances. Provided, however, that the presence of marijuana in the defendant's system alone shall not be sufficient proof that the defendant was under the influence of marijuana.
B. 
Any violation of this Section shall be punished in accordance with the provisions of Section 100.110 of this Code of Ordinances.
[Ord. No. 2022-15, 12-13-2022]
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 or a holder of a valid permit from the Department of Health and Senior Services for growing, and the marijuana is grown solely for the use of the qualifying patient or permit holder who resides there or who is under the care of the primary caregiver.
2. 
The residence has operating systems to ensure that the emission of fumes or vapors connected with the cultivation is not allowed out of the building, or if the residence is in a multifamily building, that such fumes and vapors are not allowed into any other residence.
3. 
No manufacturing of marijuana products shall occur in any residence.
4. 
The cultivation must comply with the security and other requirements of State law and the rules of the Division of Health and Senior Services.
[Ord. No. 2022-15, 12-13-2022]
A. 
Persons may consume 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. If marijuana smoke or odor is capable of being detected by a person of ordinary senses (including, but not limited to, any Police Officer) beyond the property line of a single-family home or outside of the owned or leased premises of a duplex or multifamily unit there shall be a rebuttable presumption that this section has been violated. In a multifamily or similar dwelling, medical marijuana may not be dispensed or consumed in any common area.
B. 
Violation of this provision shall be punishable by a fine not to exceed one hundred dollars ($100.00).
[Ord. No. 2022-15, 12-13-2022]
A. 
No person may possess more than three (3) ounces of recreational marijuana nor more than the amount allowed by law of medical marijuana.
B. 
No person under the age of twenty-one (21) years may possess, use, ingest, inhale, transport, deliver with or without consideration, marijuana or marijuana accessories, except that qualified patients under the age of twenty-one (21) years may possess medical marijuana or paraphernalia to the extent allowed by law. If the violation of this Section involves three (3) ounces of marijuana or less, the penalty shall be punishable by a fine not to exceed one hundred dollars ($100.00)
C. 
If the violation of this Section involves three (3) ounces of marijuana or less, the penalty shall be punishable by a fine not to exceed one hundred dollars ($100.00)
D. 
Illegal Growing.
1. 
Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing more than six (6) flowering marijuana plants, six (6) nonflowering marijuana plants [over fourteen (14) inches tall], and six (6) clones [plants under fourteen (14) inches tall]; or
2. 
Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing marijuana plants without being registered with the Department of Health and Senior Services for the cultivation of marijuana plants; or
3. 
Failing to keep in excess of three (3) ounces of such plants in a locked space not visible by normal, unaided vision from a public place; or
4. 
Growing or possessing such plants by a person under the age of twenty-one (21) years.
E. 
Sale To Persons Under Twenty-One (21). No person shall deliver to, transfer to, or sell to a person twenty-one (21) years of age or older marijuana or marijuana paraphernalia.
F. 
Penalties. Subject to the limitations of this section, a person who possesses not more than twice the amount of marijuana allowed pursuant to this Subsection, produces not more than twice the amount of marijuana allowed pursuant to this Subsection, delivers without receiving any consideration or remuneration to a person who is at least twenty-one (21) years of age not more than twice the amount of marijuana allowed by this Subsection, or possesses with intent to deliver not more than twice the amount of marijuana allowed by this Subsection:
1. 
A first violation is subject to an ordinance violation punishable by a fine not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana:
2. 
For a second violation and subsequent violations, is subject to an ordinance violation punishable by a fine not exceeding five hundred dollars ($500.00) and forfeiture of the marijuana:
3. 
A person under twenty-one (21) years of age is subject to a fine not to exceed two hundred fifty dollars ($250.00). Any such person shall be provided the option of attending up to eight (8) hours of drug education or counseling in lieu of the fine: and
4. 
In lieu of payment, penalties under this subsection may be satisfied by the performance of community service. The rate of pay-down associated with said service option will be greater than fifteen dollars ($15.00) or the minimum wage in effect at the time of judgment.
[Ord. No. 2022-15, 12-13-2022]
A. 
Operating Under The Influence. It shall be unlawful for any person to operate or being in physical control of any motor vehicle, train, aircraft, motorboat, or another motorized form of transport while under the influence of marijuana. Notwithstanding the foregoing, a conviction of a person who is at least twenty-one (21) years of age for any applicable offenses shall require evidence that the person was in fact under the influence of marijuana at the time the person was in physical control of the motorized form of transport and not solely on the presence of tetrahydrocannabinol (THC) or THC metabolites, or a combination thereof, in the person's system.
B. 
Consumption In A Vehicle. It shall be unlawful for any person to consume marijuana while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or another motorized form of transport while it is being operated.
C. 
Smoking in A Vehicle. It shall be unlawful for any person to smoke marijuana within a motor vehicle, train, aircraft, motorboat, or another motorized form of transport while it is being operated.
[Ord. No. 2022-15, 12-13-2022]
If shall be unlawful for a person to be in possession or consumption of marijuana or possession of marijuana accessories on the grounds of a public or private preschool, elementary or secondary school, institution of higher education, in a school bus, or on the grounds of any correctional facility.
[Ord. No. 2022-15, 12-13-2022]
A. 
It shall be unlawful for any person to smoke marijuana in a location where smoking tobacco is prohibited.
B. 
It shall be unlawful for any person to consume marijuana in a public place, other than in an area authorized by the City or the Department of Health and Senior Services.
C. 
Restaurants serving food that contains marijuana must register with the City and provide notice on all public entrances and on all menus that certain food contains marijuana.
D. 
Violation of this Section shall be punishable by a fine not to exceed one hundred dollars ($100.00) for the first offense and not more than five hundred dollars ($500.00) as well as confiscation of the marijuana.