[Ord. No. 23-08.09, 8-9-2023]
A. 
For the purposes of this Chapter, the following words and phrases shall have the meanings set forth in this Section:
ADMINISTER
The direct application of marijuana by way of any of the following methods:
1. 
Ingestion of capsules, teas, oils, and other marijuana-infused products;
2. 
Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils and other marijuana-infused products;
3. 
Application of ointments or balms;
4. 
Transdermal patches and suppositories;
5. 
Consuming marijuana-infused food products; or
6. 
Any other method recommended by a qualifying patient's physician or nurse practitioner.
CHURCH
A permanent building primarily and regularly used as a place of religious worship.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, 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 Chapter to a qualifying patient or primary caregiver, as those terms are defined 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.
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.
CONSUMER
A person who is at least twenty-one (21) years of age.
DAYCARE
A child-care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.
DEPARTMENT
The Missouri Department of Health and Senior Services, or its successor agency.
DISQUALIFYING FELONY OFFENSE
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:
1. 
The person's conviction was for the medical use of marijuana or assisting in the medical use of marijuana;
2. 
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
3. 
More than (5) five years have passed since the person was released from parole or probation, and he or she has not been convicted of any subsequent criminal offenses.
ELEMENTARY OR SECONDARY SCHOOL
Any public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the twelfth (12th) grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.
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 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.
ENTITY
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.
FLOWERING PLANT
A marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.
IDENTIFICATION CARD
A document, whether in paper or electronic format, issued by the Department that authorizes a consumer cultivator, qualifying patient, primary caregiver, or employee or contractor of a licensed facility to access marijuana as provided by law.
INFUSED PREROLL
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.
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" do not include industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
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 FACILITY
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 Section but shall not include a medical facility licensed Missouri law.
MARIJUANA-INFUSED PRODUCTS
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 TESTING FACILITY
A facility certified by the Department to acquire, test, certify, and transport marijuana, including those originally licensed as a medical marijuana testing facility.
MARIJUANA TRANSPORTATION 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.
MEDICAL FACILITY
Any medical marijuana cultivation facility, medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, as defined in this Section.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to acquire, cultivate, process, package, store on-site or off-site, transport to and from, and sell marijuana and marijuana seeds, and marijuana vegetative cuttings (also known 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.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to and 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, 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.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
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.
MEDICAL USE
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.
NURSE PRACTITIONER
An individual who is licensed and in good standing as an advanced practice registered nurse, or successor designation, under Missouri law.
PATIENT
See definition of "Qualified Patient."
PHYSICIAN
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.
PHYSICIAN OR NURSE PRACTITIONER CERTIFICATION
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 professional opinion, the patient suffers from a qualifying medical condition.
PREROLL
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.
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 Chapter or in other written notification to the Department.
PUBLIC PLACE
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.
QUALIFYING MEDICAL CONDITION
The condition of, symptoms related to, or side effects from, the treatment of:
1. 
Cancer;
2. 
Epilepsy;
3. 
Glaucoma;
4. 
Intractable migraines unresponsive to other treatment;
5. 
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;
6. 
Debilitating psychiatric disorders, including, but not limited to, post traumatic stress disorder, if diagnosed by a State licensed psychiatrist;
7. 
Human immunodeficiency virus or acquired immune deficiency syndrome;
8. 
A chronic medical condition that is normally treated with a prescription medication that could lead to 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;
9. 
Any terminal illness; or
10. 
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.
QUALIFYING PATIENT
An individual diagnosed with at least one (1) qualifying medical condition.
UNDULY BURDENSOME
Means that the measures 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.
B. 
Other Definitions. All other definitions contained in Missouri Constitutional Amendment XIV as approved on November 8, 2022, and in 29 CSR 30-95.010 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, the definitions in Missouri Constitutional Amendment XIV or 29 CSR 30-95.010 shall control.
[Ord. No. 23-08.09, 8-9-2023]
A. 
Use of marijuana is restricted in these public places and other locations:
1. 
No person shall consume marijuana in a public place, unless permitted by law.
2. 
No person shall smoke marijuana in a location where smoking tobacco is prohibited.
3. 
No consumption of marijuana, including but not limited to consumption by smoking, is permitted on any City owned property, including City Parks.
[Ord. No. 23-08.09, 8-9-2023]
A. 
No sales of medical marijuana shall be made to non-emancipated qualifying patients under eighteen (18) years of age in a manner consistent with State law except with consent of the patient's parent or guardian.
B. 
A physician shall not issue a certification for the medical use of marijuana for a non-emancipated qualifying patient under the age of eighteen (18) without the written consent of the qualifying patient's parent or legal guardian.
C. 
Only a parent or guardian may serve as a primary caregiver for a non-emancipated qualifying patient under the age of eighteen (18). Only the qualifying patient's parent or guardian shall purchase or possess medical marijuana for a non-emancipated qualifying patient under the age of eighteen (18). A parent or guardian shall supervise the administration of medical marijuana to a non-emancipated qualifying patient under the age of eighteen (18).
[Ord. No. 23-08.09, 8-9-2023]
A. 
The following acts are prohibited:
1. 
Delivery or distribution of marijuana or marijuana accessories, with or without consideration, to a person younger than twenty-one (21) years of age, except as permitted by Section 601.030.
2. 
Purchase, possession, use, or transport of marijuana or marijuana accessories by a person younger than twenty-one (21) years of age, except as permitted by Section 601.030.
3. 
Consumption of marijuana by a person younger than twenty-one (21) years of age, except as permitted by Section 601.030.
[Ord. No. 23-08.09, 8-9-2023]
All marijuana purchased from a dispensary must be stored in or with its original packaging.
[Ord. No. 23-08.09, 8-9-2023]
Any qualifying patient or his or her primary caregiver shall possess an identification card issued by the Department.
[Ord. No. 23-08.09, 8-9-2023]
No person shall consume marijuana in a jail or other police facility or vehicle.
[Ord. No. 23-08.09, 8-9-2023]
A. 
It shall be a violation of this Chapter to:
1. 
Undertake any task under the influence of marijuana when doing so would constitute negligence, recklessness, or professional malpractice.
2. 
Operate, navigate, or be in actual physical control of any dangerous device or motor vehicle, aircraft, or motorboat while under the influence of marijuana. Notwithstanding the foregoing, an arrest or a conviction of a person who has a valid qualifying patient identification card 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 actual physical control of the dangerous device or motor vehicle, aircraft, or motorboat and not solely on the presence of tetrahydrocannabinol (THC) or THC metabolites, or a combination thereof, in the person's system.
3. 
Consume marijuana while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated.
4. 
Smoke marijuana within a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated.
5. 
Possess or consume 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.
6. 
Do any conduct that endangers others while consuming or being under the influence of marijuana.
7. 
Perform solvent-based extractions on marijuana using solvents other than water, glycerin, propylene glycol, vegetable oil, or food-grade ethanol, unless licensed for this activity by the Department.
8. 
Delivery or distribution of marijuana or marijuana accessories, with or without consideration, to a person younger than twenty-one (21) years of age.
9. 
Purchase, possession, use, or transport of marijuana or marijuana accessories by a person younger than twenty-one (21) years of age except as otherwise permitted by law.
10. 
Consumption of marijuana by a person younger than twenty-one (21) years of age except as permitted for medical marijuana.
11. 
Smoke marijuana in a location where smoking tobacco is prohibited.
12. 
The consume marijuana-infused products within designated areas, including the preparation of culinary dishes or beverages by local restaurants for on-site consumption on the same day it is prepared, unless notice is posted giving all employees and customers of such restaurants of the fact marijuana-infused products are being consumed or prepared on-site.
[Ord. No. 23-08.09, 8-9-2023]
Edible marijuana-infused products shall not contain contaminants injurious to human health, or be incorrectly labeled, or fail to correctly state the potency of the product.
[Ord. No. 23-08.09, 8-9-2023]
All edible marijuana-infused products shall be sold in individual, child-resistant containers that are labeled with dosage amounts, instructions for use, and estimated length of effectiveness. All marijuana and marijuana-infused products shall be sold in containers clearly and conspicuously labeled, in a font size at least as large as the largest other font size used on the package, as containing "Marijuana," or a "Marijuana-Infused Product."
[Ord. No. 23-08.09, 8-9-2023]
A. 
Except for good cause, a person at least twenty-one (21) years of age after obtaining a registration card from the Department may cultivate up to six (6) flowering marijuana plants, six (6) non-flowering marijuana plants (over fourteen (14) inches tall), and six (6) clones (plants under fourteen (14) inches tall) for non-commercial use, provided:
1. 
The plants and any marijuana produced by the plants in excess of three (3) ounces are kept at one (1) private residence, are in a locked space, and are not visible by normal, unaided vision from a public place; and
2. 
Not more than twelve (12) flowering marijuana plants are kept in or on the grounds of a private residence at one (1) time.
[Ord. No. 23-08.09, 8-9-2023]
A. 
No marijuana facility, medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana transportation facility, or medical marijuana-infused products manufacturing facility, shall be sited within one hundred (100) feet of any then-existing elementary or secondary school, child daycare center, or church, except that when a elementary or secondary school, child daycare center, or church shall be established within one hundred (100) feet of any place of business licensed as a marijuana facility, medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana transportation facility, or medical marijuana-infused products manufacturing facility, after said license has been obtained by such business, then such place of business is not subject to this requirement for renewal of its license.
B. 
For the purpose of determining such distance between such premises and churches, schools or daycare centers, measurement shall be had in the most direct line from the front door of the premises of the marijuana facility to the front door of the church, daycare, or school building.
[Ord. No. 23-08.09, 8-9-2023]
Each medical or comprehensive marijuana cultivation facility, medical or comprehensive marijuana dispensary facility, medical or comprehensive marijuana testing facility, medical or comprehensive marijuana transportation facility, or medical or comprehensive marijuana-infused products manufacturing facility, shall obtain a business license from the City. At the time of application for the license the licensee shall present to the City a valid State license for the facility.
[Ord. No. 23-08.09, 8-9-2023]
A. 
Each medical marijuana dispensary facility and marijuana dispensary facility shall meet the following requirements:
1. 
Must be located within a "C-2," Zoning District.
2. 
Must obtain other required City licenses and permits. The facility must meet all current building and technical codes, and all State license requirements.
3. 
Must either own the location or have a notarized statement from the owner of such property authorizing the business at the location.
4. 
Must have a valid State license for the location.
5. 
Must be operated from a permanent and fixed location. No medical or comprehensive marijuana dispensary shall be permitted to operate from a moveable, mobile, or transitory location. This does not prevent the physical delivery of marijuana to a patient or the patient's primary caregiver at a location off the premises of the permittee's medical marijuana dispensary if:
a. 
The marijuana was lawfully purchased by the patient or the patient's primary caregiver from the permittee's medical marijuana dispensary;
b. 
The marijuana is delivered only to the patient or the patient's primary caregiver;
c. 
The marijuana is delivered only by the permittee or an employee of the permittee; and
d. 
The marijuana is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation.
6. 
No medical marijuana dispensary facility or marijuana dispensary facility shall be operated as a "home occupation."
7. 
A medical marijuana dispensary facility or marijuana dispensary facility may open no earlier than 8:00 A.M. and shall close no later than 9:00 P.M. the same day. A medical marijuana dispensary may be open six (6) days a week and will be closed on Sunday.
8. 
All signage for a medical marijuana dispensary facility or marijuana dispensary facility shall comply with the requirements of this Code. In addition, no permittee shall display a sign for the medical marijuana dispensary facility or marijuana dispensary facility that contains the word "marijuana" or a graphic image of any portion of a marijuana plant.
9. 
There shall be posted in a conspicuous location in each medical marijuana dispensary facility or marijuana dispensary facility a legible sign containing the following warnings:
a. 
A warning that the diversion of medical marijuana for non-medical purposes is a violation of State law;
b. 
A warning that the use of marijuana may impair a person's ability to drive a motor vehicle or operate machinery, and that it is illegal under State law to drive a motor vehicle or to operate machinery when under the influence of or impaired by marijuana; and
c. 
A warning that possession and distribution of marijuana is a violation of Federal law.
10. 
The consumption or inhalation of marijuana on or within the premises of a medical or comprehensive marijuana dispensary is prohibited.
11. 
Devices, contrivances, instruments, and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers and related tools, water pipes, and vaporizers may lawfully be sold at a medical or comprehensive marijuana dispensary.
12. 
The sale or consumption of an alcoholic beverage within a medical or comprehensive marijuana dispensary is prohibited.
13. 
Signage and advertising on facility premises must comply with the following:
a. 
A facility may not display marijuana, marijuana paraphernalia or accessories, or advertisements for these items in a way that is visible to the general public from a public right-of-way.
b. 
Outdoor signage and, if visible to the public, interior signage, must comply with any ordinances for signs or advertising, and:
(1) 
May not display any text other than the facility's business name or trade name, address, phone number, and website; and
(2) 
May not utilize images or visual representations of marijuana plants, products, or paraphernalia, including representations that indicate the presence of these items, such as smoke.
14. 
The medical or comprehensive marijuana dispensary facility must meet all State requirements for design and staffing of the facility.
15. 
A permittee shall provide adequate security on the premises of a medical or comprehensive marijuana dispensary, including, but not limited to, the following:
a. 
Devices or a series of devices to detect unauthorized intrusion, which may include a signal system interconnected with a radio frequency method, such as cellular or private radio signals, or other mechanical or electronic devices;
b. 
Except in the case of outdoor cultivation, exterior lighting to facilitate surveillance, which shall cover the exterior and perimeter of the facility;
c. 
Electronic video monitoring, including:
(1) 
At least one (1) call-up monitor that is nineteen (19) inches or more;
(2) 
A printer capable of immediately producing a clear still photo from any video camera image;
(3) 
Video cameras with a recording resolution of at least 1920 x 1080, or the equivalent, at a rate of at least fifteen (15) frames per second, that operate in such a way as to allow identification of people and activities in the monitored space, in all lighting levels, that are capable of being accessed remotely by the Department or a law enforcement agency in real time upon request, and that provide coverage of:
(a) 
All entrances and exits of the facility, including windows, and all entrances and exits from limited access areas;
(b) 
The perimeter and exterior areas of the facility, including the entirety of any outdoor cultivation grow area;
(c) 
Each point-of-sale location;
(d) 
All vaults or safes;
(e) 
All medical marijuana, from at least two (2) angles, where it is cultivated, cured, trimmed, processed, rendered unusable, and disposed;
(f) 
A method for storing recordings from the video cameras for at least (60) days in a secure on-site or off-site location or through a service or network that provides on demand access to the recordings and that allows for providing copies of the recordings to the Department upon request and at the expense of the facility;
(g) 
A failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system; and
(h) 
Sufficient battery backup for video cameras and recording equipment to support at least sixty (60) minutes of recording in the event of a power outage;
d. 
Controlled entry to limited access areas, which shall be controlled by electronic card access systems, biometric identification systems, or other equivalent means, except that, in addition to these means, all external access doors shall be equipped with a locking mechanism that may be used in case of power failure. Access information shall be recorded, and all records of entry shall be maintained for at least one (1) year;
e. 
A method of immediate, automatic notification to alert local law enforcement agencies of an unauthorized breach of security at the facility; and
f. 
Manual, silent alarms at each point-of-sale, reception area, vault, and electronic monitoring station with capability of alerting local law enforcement agencies immediately of an unauthorized breach of security at the facility.
g. 
Shall store all marijuana:
(1) 
At the State approved location within the facility; or
(2) 
In off-site warehouses that comply with the security requirements of 19 CSR 30-95.040(4)(H), the location requirements of 19 CSR 30-95.040(4)(B), and that have been approved pursuant to 19 CSR 30-95.040(3)(C).
[Ord. No. 23-08.09, 8-9-2023]
A. 
No marijuana facility shall:
1. 
Manufacture, package or label marijuana or marijuana-infused products in a false or misleading manner. No person shall sell any product in a manner designed to cause confusion between marijuana or a marijuana-infused product and any product not containing marijuana.
2. 
Not sell edible marijuana-infused candy in shapes or packages that are attractive to children or that are easily confused with commercially sold candy that does not contain marijuana.
3. 
Not sell any marijuana and marijuana-infused products except in individual, child resistant containers that are labeled with serving amounts, instructions for use, and estimated length of effectiveness. All marijuana and marijuana-infused products shall be sold in containers clearly and conspicuously labeled. as mandated by the Department, as containing "marijuana" or a "marijuana-infused product."
4. 
Not allow cultivation, manufacturing, sale, or display of marijuana, marijuana-infused products, or marijuana accessories to be visible from a public place outside of the marijuana facility without the use of binoculars, aircraft, or other optical aids.
5. 
Not cultivate, manufacture, test, sell, or store marijuana at any location other than a physical address approved by the Department and within an enclosed area that is secured in a manner that prevents access by persons not permitted by the marijuana facility to access the area.
6. 
A marijuana facility shall secure every entrance to the facility so that access to areas containing marijuana is restricted to employees and other persons permitted by the marijuana facility to access the area and to agents of the Department or State and local Law Enforcement Officers and emergency personnel and shall secure its inventory and equipment during and after operating hours to deter and prevent theft of marijuana, marijuana-infused products, and marijuana accessories.
[Ord. No. 23-08.09, 8-9-2023]
A. 
Subject to the limitations of State law, the following acts by a person at least twenty-one (21) years of age are not unlawful and shall not be an offense under law or be a basis to impose a civil fine, penalty, or sanction, or be a basis to detain, search, or arrest, or otherwise deny any right or privilege, or to seize or forfeit assets:
1. 
Purchasing, possessing, consuming, using, ingesting, inhaling, processing, transporting, delivering without consideration, or distributing without consideration three (3) ounces or less of dried, unprocessed marijuana, or its equivalent;
2. 
Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing up to six (6) flowering marijuana plants, six (6) non-flowering marijuana plants (over fourteen (14) inches tall), and six (6) clones (plants under fourteen (14) inches tall) provided the person is registered with the Department for cultivation of marijuana plants under this Section, provided:
a. 
The plants and any marijuana produced by the plants in excess of three (3) ounces are kept at one (1) private residence, are in a locked space, and are not visible by normal, unaided vision from a public place;
b. 
Not more than twice the number of allowable plants under Subsection (A)(2)(b) of this Subsection are kept in or on the grounds of a private residence at one (1) time;
c. 
Assisting another person who is at least twenty-one (21) years of age in, or allowing property to be used for, any of the acts permitted by this Section; and
d. 
Purchasing, possessing, using, delivering, distributing, manufacturing, transferring, or selling to persons twenty-one (21) years of age or older marijuana accessories.
B. 
A person who cultivates marijuana plants that are visible by normal, unaided vision from a public place is subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana
C. 
A person who cultivates marijuana plants that are not kept in a locked space is subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
D. 
A person who smokes marijuana in a public place, other than in an area licensed for such activity is subject to a civil penalty not exceeding one hundred dollars ($100.00).
E. 
A person who is under twenty-one (21) years of age who possesses, uses, ingests, inhales, transports, delivers without consideration, or distributes without consideration three (3) ounces or less of marijuana, or possesses, delivers without consideration, or distributes without consideration marijuana accessories is subject to a civil penalty not to exceed one hundred dollars ($100.00) and forfeiture of the marijuana. Any such person shall be provided the option of attending up to four (4) hours of drug education or counseling in lieu of the fine.
F. 
Subject to the limitations of this Section, a person who possesses not more than twice the amount of marijuana allowed pursuant to this Section, produces not more than twice the amount of marijuana allowed pursuant to this Section, 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 Section, or possesses with intent to deliver not more than twice the amount of marijuana allowed by this Section:
1. 
For a first violation, is subject to a civil infraction punishable by a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana;
2. 
For a second violation, is subject to a civil infraction punishable by a civil penalty not exceeding five hundred dollars ($500.00) and forfeiture of the marijuana;
3. 
For a third or subsequent violation, is subject to a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00) and forfeiture of the marijuana;
4. 
A person under twenty-one (21) years of age is subject to a civil penalty 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
5. 
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 the greater of fifteen ($15.00) or the minimum wage in effect at the time of judgment.
G. 
No conduct permitted by this Section shall constitute the basis for detention, search, or arrest; and except when law enforcement is investigating whether a person is operating a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of marijuana, the odor of marijuana or burnt marijuana, the possession or suspicion of possession of marijuana without evidence of a quantity in excess of the lawful amount, or the possession of multiple containers of marijuana without evidence of quantity in excess of the lawful amount shall not individually or in combination with each other constitute reasonably articulable suspicion of a crime. Marijuana and marijuana-infused products as permitted by this Section are not contraband nor subject to seizure.
[Ord. No. 23-08.09, 8-9-2023]
A. 
Each medical or comprehensive marijuana cultivation facility, medical or comprehensive marijuana testing facility, medical or comprehensive marijuana transportation facility, or medical or comprehensive marijuana-infused products manufacturing facility, shall meet the following requirements:
1. 
Must be located within the "M" (Manufacturing) Zoning District except any marijuana testing facility may also be located in an "C-2" Zoning District.
2. 
Must meet all State licensing requirements.
[Ord. No. 23-08.09, 8-9-2023]
Violations of this Section will be punishable under Section 100.220 unless a lesser punishment is set forth in this Section for such offense.