[Ord. No. 03202023, 3-20-2023]
A.
Any term not specifically defined in this Chapter shall have the
definition set forth in Article XIV of the Constitution, if any.
B.
ADMINISTER
CHURCH
COMPREHENSIVE FACILITY
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
CONSTITUTION
CONSUMER
DAYCARE
DEPARTMENT
DIRECTLY
ENCLOSED, LOCKED FACILITY
1.
2.
a.
b.
3.
FINE
MARIJUANA ACCESSORIES
MARIJUANA BUSINESS
MARIJUANA DISPENSARY
MARIJUANA FACILITY
MARIJUANA or MARIHUANA
MARIJUANA-INFUSED PRODUCTS
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA DISPENSARY FACILITY or DISPENSARY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
PRIMARY CAREGIVER
QUALIFYING PATIENT
THEN-EXISTING
Specific Definitions. Unless the context indicates otherwise, the
following terms shall have the meaning set forth herein.
The direct application of marijuana to a qualifying patient
by way of any of the following methods:
A permanent building primarily and regularly used as a place
of religious worship.
A comprehensive marijuana cultivation facility, a comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing 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.
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 Section 640.010 of this Chapter, 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 marijuana 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.
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.
The Constitution of the State of Missouri.
A person who is at least twenty-one (21) years of age.
A child-care facility, as defined by Section 215.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
The Department of Health and Senior Services or its successor
agency.
The shortest possible practicable route from the medical
marijuana facility to the permitted destination or destinations, without
any voluntary detours or additional stops.
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:
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;
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 monetary fine imposed by the Municipal Court for this City.
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.
Any facility licensed by the Department of Health and Senior
Services under the authority granted by Article XIV of the Constitution.
Either a medical marijuana dispensary or a comprehensive
marijuana dispensary as those terms are defined in Art. XIV of the
Constitution.
A medical marijuana dispensary facility, a comprehensive
marijuana dispensary facility, a micro-business dispensary, a micro-business
wholesale facility, a medical marijuana cultivation facility, a comprehensive
marijuana cultivation facility, a medical marijuana testing facility,
a comprehensive marijuana testing facility, a medical marijuana transportation
facility, a comprehensive marijuana transportation facility, a medical
marijuana-infused products manufacturing facility, or a comprehensive
marijuana-infused products manufacturing facility as those terms are
defined in Article XIV of the Missouri Constitution.
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
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 are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
A facility licensed by the 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.
A facility licensed by the Department, to acquire, store,
sell, transport, and deliver marijuana, marijuana-infused products,
and drug paraphenalia 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.
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.
A person designated as such by the Department.
A person designated as such by the Department.
Any school, child daycare 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.
[Ord. No. 03202023, 3-20-2023]
Marijuana businesses shall be required to have a City business license as required in Chapter 605 but shall not be required to have any other City-issued license.
[Ord. No. 03202023, 3-20-2023]
A.
Marijuana dispensaries shall not be open to the public or make any
sales between the hours of 6:00 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 or other proof of eligibility at the time of each
purchase.
D.
No person under the age of eighteen (18) years old shall be allowed
into a medical marijuana dispensary; except that a qualifying patient
who is under the age of eighteen (18) years but who has been emancipated
by a court order and a qualifying patient, under the age of eighteen
(18) years when accompanied by the qualifying patient's parent
or guardian.
E.
A marijuana dispensary 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. 03202023, 3-20-2023]
A.
A marijuana facility may not be located within one thousand (1,000) feet of a then-existing elementary or secondary school, State-licensed child daycare center, or church (see Section 640.010B for the definition of "then-existing").
B.
In the case of a freestanding facility, the distance between the
facility and the school, daycare, or church shall be measured from
the external wall of the facility structure closest in proximity to
the school, daycare, or church to the closest point of the property
line of the school, daycare, or church. If the school, daycare, or
church is part of a larger structure, such as an office building or
strip mall, the distance shall be measured to the entrance or exit
of the school, daycare, or church closest in proximity to the facility.
In the case of a facility that is part of a larger structure, such
as an office building or strip mall, the distance between the facility
and the school, daycare, or church shall be measured from the property
line of the school, daycare, or church to the facility's entrance
or exit closest in proximity to the school, daycare, or church. If
the school, daycare, or church is part of a larger structure, such
as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, daycare, or church closest
in proximity to the facility. 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. 03202023, 3-20-2023]
A.
Marijuana dispensaries may operate an offsite storage facility for
the storage of products and inventory. A single offsite storage facility
may only be used by a single entity licensed as a marijuana dispensary.
An offsite storage facility shall not be open to the public. An offsite
storage facility shall comply with the same requirements of a dispensary
in regard to location, security, and odor control.
B.
No marijuana dispensary 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.
C.
No marijuana dispensary 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. 03202023, 3-20-2023]
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 one thousand (1,000)
feet of a then-existing elementary or secondary school, licensed child
daycare 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.
Onsite 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. 03202023, 3-20-2023]
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 elementary or secondary school, State-licensed child daycare center, or church (see Section 640.010B for the definition of "then-existing").
2.
In the case of a freestanding facility, the distance between
the facility and the school, daycare, or church shall be measured
from the external wall of the facility structure closest in proximity
to the school, daycare, or church to the closest point of the property
line of the school, daycare, or church. If the school, daycare, or
church is part of a larger structure, such as an office building or
strip mall, the distance shall be measured to the entrance or exit
of the school, daycare, or church closest in proximity to the facility.
In the case of a facility that is part of a larger structure, such
as an office building or strip mall, the distance between the facility
and the school, daycare, or church shall be measured from the property
line of the school, daycare, or church to the facility's entrance
or exit closest in provimity to the school, daycare, or church. If
the school, daycare, or church is part of a larger structure, such
as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, daycare, or church closest
in proximity to the facility. 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. 03202023, 3-20-2023]
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.
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:
1.
A diamond containing the letters "THC";
2.
The letter "M" located under the "THC" within the diamond, to
signify that the product is for medical purposes; and
3.
The number of milligrams of THC in the package.
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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.
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