[R.O. 2010 § 640.010; Ord. No. 1984, 8-21-2023]
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 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 and other marijuana-infused products;
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 or nurse practitioner.
A permanent building primarily and regularly used as a place of religious worship.
A comprehensive marijuana cultivation facility, 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 Chapter to a qualifying patient or primary caregiver, as those terms in Section 1 of Article XIV of the Missouri Constitution, 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 Article XIV of the Missouri Constitution 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 Article XIV of the Missouri Constitution 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.
A person who is at least twenty-one (21) years of age.
Also known as a "child-care facility," it is a house or other place conducted or maintained by any person who advertises or holds himself or herself out as providing child care for any part of the twenty-four-hour day for compensation or otherwise if providing child care to more than six (6) children, or three (3) children under two (2) years of age.
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) 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 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 consumers, 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 consumers, 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 consumer cultivator, qualifying patient, primary caregiver, or an employee or contractor of a licensed facility 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.
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 marijuana plant and marijuana-infused products. "Marijuana" or "marihuana" do 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 comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing 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 pursuant to this Chapter, but shall not include a medical facility licensed pursuant to Missouri law.
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.
Any medical marijuana cultivation facility, medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, as defined in this Section.
A facility licensed by the Department to acquire, cultivate, process, package, store on-site or off-site, transport to and from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also know as clones) to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or to a medical marijuana-infused products manufacturing 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 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, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. 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 to acquire, process, package, store on-site or off-site, manufacture, transport to and from, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or to another medical marijuana-infused products manufacturing facility.
A facility certified by the Department to acquire, test, certify, and transport marijuana, including those originally licensed as a medical marijuana testing facility.
A facility certified by the Department to transport marijuana, marijuana seeds, clones, and marijuana-infused products to or from a marijuana facility or medical facility, or to a qualifying patient, primary caregiver, or consumer.
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 as an advanced practice registered nurse, or successor designation, under Missouri law.
See definition of "qualifying patient."
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 Section 334.043, RSMo.
A document, whether handwritten, electronic or in another commonly used format, signed by a physician or nurse practitioner and stating that, in the physician's or nurse practitioner's official opinion, the patient suffers from a qualifying medical condition.
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 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, post traumatic 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 a physical or psychological dependence, when a physician or nurse practitioner 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 or nurse practitioner, 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.
An individual diagnosed with at least one (1) qualifying medical condition.
All other definitions contained in Missouri Constitutional Amendment XIV as approved on November 8, 2022, and in CSR 30-95.010[1] are incorporated herein by reference. In the event of a conflict between the definitions contained in this Chapter and those in Missouri Constitutional Amendment XIV or 29 CSR 30-95.010,[2] the definitions in Missouri Constitutional Amendment XIV or 29 CSR 30-95.010 shall control.
Means that the measure necessary to comply with the rules or ordinances adopted pursuant to this Chapter subject licensees or potential licensees to such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marijuana facility.