[R.O. 2009 § 455.010; Ord. No. 4293, 1-26-2023[1]]
As used in this Article, the following
terms shall mean:
The direct application of Medical Marijuana to a Qualifying Patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, 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, oils, and other Marijuana-Infused
Products;
Application of ointments or balms;
Transdermal patches and suppositories;
Consuming Marijuana-Infused food
Products;
Any other method recommended by a Qualifying Patient's Physician or Nurse Practitioner as authorized by Article XIV, Section 1 of the Missouri Constitution.
A permanent building primarily and regularly used as a place
of religious worship.
Facility licensed by the Department where Cultivation operations
for Medical or adult use occur. A Comprehensive Marijuana Cultivation
Facility need not segregate or account for its Marijuana Products
as either non-Medical Marijuana or Medical Marijuana.
A Facility licensed by the Department where Marijuana Product is dispensed for Medical or adult use. 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 Article XIV of the Missouri Constitution and provided for by general or local law.
A Facility licensed by the Department where Marijuana-Infused
Products and Prerolls are manufactured for Medical or adult use. A
Comprehensive Marijuana-Infused Products Manufacturing Facility need
not segregate or account for its Marijuana Products as either non-Medical
Marijuana or Medical Marijuana.
Someone at least twenty-one (21) years of age.
As related to activity authorized pursuant to Article XIV of the Missouri Constitution and all rules and regulations issued by the Department, the process by which a person, business, or legal Entity promotes the germination and growth of a seed to a mature Marijuana plant.
A child-care facility, as defined by Section 210.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
The Missouri Department of Health and Senior Services, or
its successor agency.
A Medical Marijuana Dispensary Facility, a Comprehensive
Marijuana Dispensary Facility, or a Microbusiness Dispensary Facility.
A 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 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.
A stationary, fully enclosed, locked space equipped with functioning
security devices that permit access to only the Consumer(s), Qualifying
Patient(s), or Primary Caregiver(s) who have informed the Department
that this is the space where they will Cultivate Marijuana; and
The plants within the Enclosed, Locked Facility must not be
visible to the unaided eye from a public space.
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.
The physical structure(s), including strip malls, and the
premises on which the physical structures are located which are used
by a licensed or certified Entity to perform its licensed or certified
functions, whether the Entity is licensed or certified as a Medical
Facility, Research Facility, or a Marijuana Facility.
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 Consumer cultivator, Qualifying
Patient, Primary Caregiver, or facility agent to access Marijuana
as provided by law.
A consumable or smokable Marijuana Product, generally consisting
of: (1) a wrap or paper; (2) dried Flower, buds, and/or plant material;
and (3) a concentrate, oil, or other type of Marijuana extract, either
within or on the surface of the product. Infused Prerolls may or may
not include a filter or crutch at the base of the product.
Means 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 as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
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.
A Marijuana Facility, a Medical Facility, and a Marijuana
Research Facility.
A Comprehensive Marijuana Cultivation Facility, Comprehensive
Marijuana Dispensary Facility, Marijuana Testing Facility, Transportation
Facility, Comprehensive Marijuana-Infused Products Manufacturing Facility,
Microbusiness Wholesale Facility, Microbusiness Dispensary Facility,
or any other type of Marijuana-related facility or business licensed
or certified by the Department but shall not include a Medical Facility
or Marijuana Research Facility.
Products that are infused, dipped, coated, sprayed, or mixed
with Marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and Infused
Prerolls.
Marijuana, Marijuana-Infused Products, or other products
made using Marijuana, including Prerolls, unless otherwise provided
for in the Department's rules.
A Facility licensed by the Department where activities intended
to facilitate scientific research or education related to Marijuana
Product occur.
A Facility certified by the Department to acquire, test,
certify, and transport Marijuana, including those originally licensed
as a Medical Marijuana Testing Facility.
Any Medical Marijuana Cultivation Facility, Medical Marijuana
Dispensary Facility, or Medical Marijuana-Infused Products Manufacturing
Facility.
A facility licensed by the Department to engage in the process
of Cultivating Marijuana that is limited to Medical Use at a Medical
Marijuana Cultivation Facility. A Medical Marijuana Cultivation Facility's
authority to process Marijuana shall include the production and sale
of Prerolls but shall not include the manufacture of Marijuana-Infused
Products.
A Facility licensed by the Department where Marijuana is
dispensed only for Medical Use. Medical Marijuana Dispensary Facilities
may receive transaction orders at the dispensary in person, by phone,
or via the internet, including from a third party. A Medical Marijuana
Dispensary Facility's authority to process Marijuana shall include
the production and sale of Prerolls but shall not include the manufacture
of Marijuana-Infused Products.
A Facility licensed by the Department where Marijuana-Infused
Products and Prerolls are manufactured only for Medical Use.
The production, possession, delivery, distribution, transportation, or administration of Marijuana or a Marijuana-Infused Product, or Marijuana Accessories used to Administer Marijuana or a Marijuana-Infused Product as provided by Article XIV, Section 1 of the Missouri Constitution, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
A Facility licensed by the Department to engage in the process
of dispensing Marijuana for Medical Use or adult use. Microbusiness
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 Microbusiness Dispensary Facility's
authority to process Marijuana shall include the creation of Prerolls.
A Facility licensed by the Department where Marijuana Cultivation
operations for Medical or adult use occur and/or where Marijuana-Infused
Products and Prerolls are manufactured for Medical Use or adult use.
A Microbusiness Wholesale Facility may cultivate up to two hundred
and fifty (250) Flowering Plants at any given time. A Microbusiness
Wholesale Facility's authority to process Marijuana shall include
the creation of Prerolls and Infused Prerolls.
An individual who is licensed and in good standing as an
advanced practice registered nurse, or successor designation, under
Missouri law.
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
A consumable or smokable Marijuana Product, generally consisting
of: (1) a wrap or paper; and (2) dried Flower, buds, and/or plant
material. Prerolls may or may not include a filter or crutch at the
base of the product.
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 under the rules and regulations
of the Department and possesses a Department issued Primary Caregiver
or Primary Caregiver Cultivation Identification Card.
An individual diagnosed with at least one (1) qualifying
medical condition as defined in Missouri State law and possessing
a Department issued Qualifying Patient or Qualifying Patient Cultivation
Identification Card.
A Facility certified by the Department to house operations
involving the transport of Marijuana Product from a Marijuana Facility
or Medical Facility, or to a Qualifying Patient, Primary Caregiver,
or Consumer.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
[1]
Editor's Note: Section 1 of Ord. No. 4293 states: The whereas
clauses are hereby specifically incorporated herein by reference.
[R.O. 2009 § 455.020; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
Every Marijuana Business shall have
the appropriate license and any other required authorization from
the Department to operate in the City. Applicant may seek zoning approval
upon showing of a submitted application for a State license, but no
final occupancy shall be given until such State-issued license has
been obtained and satisfactory proof of such licensure has been provided
to the City. Continued operation in the City shall always require
such licensure to remain valid.
[R.O. 2009 § 455.030; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
A.
No Marijuana Business shall be located
within one thousand (1,000) feet of any then-existing Elementary or
Secondary School, Day Care Center, or Church. For the purposes of
this Article, "then-existing" shall mean any Elementary or Secondary
School, Day Care Center, or Church, with a building permit from the
City to be constructed, or under construction, or completed and in
use at the time the Marijuana Business applies for zoning authorization.
B.
No Dispensary Facility shall be located
within one thousand (1,000) feet of any other Dispensary Facility.
C.
More
than one (1) Entity may operate within one (1) Facility in accordance
with the rules and regulations of the Department.
D.
For purposes of this Article, the above
spacing requirement shall be measured as follows:
1.
In the case of a freestanding Facility,
the distance between the Facility and the Elementary or Secondary
School, Day Care, or Church shall be measured from the external wall
of the Facility structure closest in proximity to the Elementary or
Secondary School, Day Care, or Church to the closest point of the
Property Line of the Elementary or Secondary School, Day Care, or
Church. If the Elementary or Secondary 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
Elementary or Secondary School, Day Care, or Church closest in proximity
to the Facility.
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 Elementary or Secondary
School, Day Care, or Church shall be measured from the Property Line
of the Elementary or Secondary School, Day Care, or Church to the
Facility's entrance or exit closest in proximity to the Elementary
or Secondary School, Day Care, or Church. If the Elementary or Secondary
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 Elementary or Secondary School, Day Care,
or Church closest in proximity to the Facility.
3.
Measurements shall be made along
the shortest path between the demarcation points that can be lawfully
traveled by foot.
[R.O. 2009 § 455.040; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
A.
No Structure or area of land shall be constructed, altered, or used for a Medical Marijuana Cultivation Facility or a Comprehensive Marijuana Cultivation Facility ("Cultivation Facility") without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. All
operations and all storage of materials, products, or equipment shall
be within a fully secured area inside the main building structure
or outside of the main structure in a separate, fully secured, and
enclosed structure.
2.
Visibility. Marijuana Product or
Marijuana Accessories may not be visible from a public place outside
of the Facility without the use of binoculars, aircraft, or other
optical aids.
3.
On-Site Usage Prohibited. No Marijuana
or Marijuana Products may be smoked, ingested, or otherwise consumed
or Administered on the premises of any Cultivation Facility.
4.
Display Of Licenses Required. The
applicable license for the Cultivation Facility issued by the State
of Missouri and all licenses or permits issued by the City shall be
displayed as required by State regulations.
6.
Odor And Non-Residential District Regulations. Every Cultivation Facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with all provisions of Chapter 430, Article VII, "Environmental Performance Standards," and Chapter 215, "Nuisances."
7.
Security. Every Cultivation Facility
shall have and maintain security systems and procedures at least as
stringent as that which is required by State regulations.
8.
Signage. Signage shall be in accordance with Chapter 430, Article IV. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Additional Requirements. All Cultivation Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, lighting, parking, amount of Flowering Plants, waste disposal, inventory control systems and procedures, and environmental factors including air supply filtered through high-efficiency particulate air filters.
10.
A Cultivation Facility may be: (1) a completely indoor Facility and growing operation; (2) a completely outdoor Facility and/or growing operation; or (3) a "greenhouse"/hybrid method Facility and growing operation so long as such operation complies with all regulations of the "IP-1" district, all regulations of this Code, all applicable regulations of Article XIV of the Missouri Constitution, and any rules or regulations of the Department relating to Marijuana.
[R.O. 2009 § 455.050; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
A.
No Structure or area of land shall be constructed, altered, or used for a Dispensary Facility without complying with the following regulations and all general requirements of the relevant "C-1," "OT-2," or "HP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. No
outdoor operations or storage shall be allowed.
2.
Visibility. Marijuana Product or
Marijuana Accessories may not be visible from a public place outside
of the Facility without the use of binoculars, aircraft, or other
optical aids.
3.
On-Site Usage Prohibited. No Marijuana
or Marijuana Products may be smoked, ingested, or otherwise consumed
or Administered on the premises of any Dispensary Facility.
4.
Display Of Licenses Required. The
applicable Dispensary Facility license issued by the State of Missouri
and any and all licenses or permits issued by the City shall be displayed
as required by State regulations.
6.
Parking And Access. As part of the
application for a Special Use Permit, the applicant shall submit the
estimated number of customers expected per hour or day, estimated
peak times, the total number of parking spaces, description of the
access to the Facility, and justification statement that the desired
location has adequate parking and access to meet the expected foot
and vehicle traffic without negatively impacting neighboring properties.
7.
Drive-Through. Dispensary Facilities must follow all requirements found in Chapter 425, Article III of this Code and obtain a Special Use Permit to utilize a drive-through. As part of the Special Use Permit process, the Board or Commission may require additional queuing or other conditions related to the drive-through Facility to ensure the public safety is protected and the surrounding properties are not negatively affected.
9.
Security. Every Dispensary Facility
shall have and maintain security systems and procedures at least as
stringent as that which is required by State regulations, including
but not limited to any display samples being secured in accordance
with the Department's rules and regulations, and storage of all Marijuana
Product in a locked vault when the Facility is closed.
10.
Signage shall be in accordance with Chapter 430, Article IV. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
11.
Additional Requirements. All Dispensary Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Medical Marijuana including but not limited to security requirements, waste disposal, inventory control systems and procedures, lighting, parking, and environmental factors including air supply filtered through high-efficiency particulate air filters.
[R.O. 2009 § 455.060; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
A.
No Structure or area of land shall be constructed, altered, or used for a Medical Marijuana-Infused Products Manufacturing Facility, Microbusiness Wholesale Facility, or Comprehensive Marijuana-Infused Products Manufacturing Facility ("Manufacturing Facility") without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. All
operations and all storage of materials, products, or equipment shall
be within a fully secured area inside the main building structure
or outside of the main structure in a separate, fully secured, and
enclosed structure.
2.
Visibility. Marijuana Product or
Marijuana Accessories may not be visible from a public place outside
of the Facility without the use of binoculars, aircraft, or other
optical aids.
3.
On-Site Usage Prohibited. No Marijuana
or Marijuana Products may be smoked, ingested, or otherwise consumed
or Administered on the premises of any Manufacturing Facility.
4.
Display Of Licenses Required. The
applicable Manufacturing Facility license issued by the State of Missouri
and all licenses or permits issued by the City shall be displayed
as required by State regulations.
6.
Odor And Non-Residential District Regulations. Every Manufacturing Facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with all provisions of Chapter 430, Article VII, "Environmental Performance Standards," and Chapter 215, "Nuisances."
7.
Security. Every Manufacturing Facility
shall have and maintain security systems and procedures at least as
stringent as that which is required by State regulations.
8.
Signage shall be in accordance with Chapter 430, Article IV. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Additional Requirements. All Manufacturing Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, inventory control systems and procedures, waste disposal, lighting, parking, and environmental factors.
[R.O. 2009 § 455.070; Ord. No. 3917, 4-25-2019; Ord. No. 4105, 3-25-2021; Ord. No. 4293, 1-26-2023]
A.
No Structure or area of land shall be constructed, altered, or used for a Marijuana Testing Facility of Marijuana Research Facility without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. No
outdoor operations or storage shall be allowed.
2.
Visibility. Marijuana Product or
Marijuana Accessories may not be visible from a public place outside
of the Facility without the use of binoculars, aircraft, or other
optical aids.
3.
On-Site Usage Prohibited. No Marijuana
or Marijuana Products may be smoked, ingested, or otherwise consumed
or Administered on the premises of any Marijuana Testing Facility
or Marijuana Research Facility except for testing or research purposes
utilizing methods and standards certified by the Department or other
appropriate agency.
4.
Display Of Licenses Required. The
applicable Marijuana Testing Facility or Marijuana Research Facility
License/Certification issued by the State of Missouri and all licenses
or permits issued by the City shall be displayed as required by State
regulations.
5.
Site Plan Review Required. Any plans for a Marijuana Testing Facility or Marijuana Research Facility shall meet the standard construction requirements of the "IP-1" Industrial Park District outlined in this Code and approved subject to the standard procedures of Chapter 435, Article II of this Code.
7.
Security. Every Marijuana Testing
Facility or Marijuana Research Facility shall have and maintain security
systems and procedures at least as stringent as that which is required
by State regulations.
8.
Signage shall be in accordance with Chapter 430, Article IV. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Accreditation, Standards, and Procedures.
Every Marijuana Testing Facility and Marijuana Research Facility shall
at all times maintain in good standing their accreditation as required
by State regulations and utilize standards and procedures for personnel
and for the testing of and research for Marijuana in all forms which
are at least as stringent as those which are required by State regulations.
10.
Additional Requirements. All Marijuana Testing Facilities and Marijuana Research Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the Department regulating Marijuana and the testing, research, and safety requirements thereof including but not limited to security requirements, disposal requirements, lighting, parking, and environmental factors.
[R.O. 2009 § 455.080; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
A.
No Structure or area of land shall be constructed, altered, or used for a Transportation Facility without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. No
outdoor operations or storage shall be allowed unless otherwise authorized
by State regulations.
2.
Visibility. Marijuana Product or
Marijuana Accessories may not be visible from a public place outside
of the Facility without the use of binoculars, aircraft, or other
optical aids.
3.
On-Site Usage Prohibited. No Marijuana
or Marijuana Products may be smoked, ingested, or otherwise consumed
or Administered on the premises of any Transportation Facility.
4.
Display Of Licenses Required. The
applicable Transportation Facility License/Certification issued by
the State of Missouri and all licenses or permits issued by the City
shall be displayed as required by State regulations.
7.
Security. Every Transportation Facility
shall have and maintain security systems and procedures at least as
stringent as that which is required by State regulations.
8.
Signage shall be in accordance with Chapter 430, Article IV. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Transportation. All Transportation
Facilities shall comply with all applicable rules and regulations
promulgated by the Department regarding transportation of Marijuana
including but not limited to security systems and requirements, transportation
deadlines and locations, and GPS tracking.
10.
Additional Requirements. All Transportation Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, inventory control systems and procedures, lighting, parking, environmental factors, and record retention and maintenance requirements.
