[Ord. No. 2436, 9-25-2023]
A. 
To the extent allowed by State law, marijuana for medicinal purposes may be cultivated in a residential structure, provided:
1. 
The structure is the primary residence of a primary caregiver or qualifying patient and the marijuana is grown solely for the use of the qualifying patient who resides there or who is under the care of the primary caretaker.
2. 
The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation are not allowed out of the building, or if the residence is in a multi-family building, that such fumes and vapors are not allowed into any other residence.
B. 
To the extent allowed by State law, marijuana for recreational purposes may be cultivated in a residential structure, provided:
1. 
Cultivation is limited to six (6) flowering, six (6) non-flowering, and six (6) clone plants and must be for non-commercial use.
2. 
The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation is not allowed out of the building, or if the residence is a multi-family building, that such fumes and vapors are not allowed into any other residence.
3. 
The cultivation must comply with the requirements of the Department and the person cultivating must have obtained a registration card from the Department.
4. 
The plants and any marijuana produced by the plants in excess of three (3) ounces must be kept at one (1) private residence and in a locked place.
5. 
Not more than twelve (12) flowering marijuana plants may be kept in or on the grounds of a private residence at one (1) time.
6. 
That marijuana plants may not be visible by normal, unaided vision from a public place.
C. 
No manufacturing of marijuana products shall occur in any residence.
D. 
The cultivation must comply with the security and other requirements of State law and the rules of the Division of Health and Senior Services.
E. 
The resident has notified the City Clerk, including providing proof of eligibility, on a form provide by the City Clerk, so that law enforcement and code officials will be aware that the cultivation is lawfully taking place.
[Ord. No. 2436, 9-25-2023]
A. 
Persons may consume marijuana in their private residence, or in the residence of another with permission, but may not dispense or smoke marijuana in such a manner that the marijuana smoke or odor, exits the residence. If marijuana smoke or odor is capable of being detected by a person of ordinary senses (including, but not limited to, any Police Officer) beyond the property line of single-family home or outside of the owned or leased premises of a duplex or multi-family unit there shall be a rebuttable presumption that this Section has been violated. In a multi-family or similar dwelling, medical marijuana may not be dispensed or consumed in any common area.
B. 
Violation of this provision shall be punishable by a fine not to exceed one hundred dollars ($100.00).
[Ord. No. 2436, 9-25-2023]
A. 
No person under the age of twenty-one (21) years may possess, use, ingest, inhale, transport, deliver with or without consideration, marijuana or marijuana paraphenalia, except that qualified patients under the age of twenty-one (21) years may possess medical marijuana or paraphernalia to the extent allowed by law.
1. 
If the violation of this Section involves three (3) ounces of marijuana or less, the penalty shall be punishable by a fine not to exceed one hundred dollars ($100.00).
B. 
No person may possess more than three ounces (3 oz.) of recreational marijuana nor more than allowed by Missouri Law of medical marijuana.
C. 
Illegal Growing:
1. 
Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing more than 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]; or
2. 
Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing marijuana plants without being registered with the Department of Health and Senior Services for cultivation of marijuana plants; or
3. 
Growing or possession of such plants by a person under the age of twenty-one (21) years old; or
4. 
Failing to keep in excess of three (3) ounces of such plants in a locked space not visible by normal, unaided vision from a public place.
D. 
Sale to Persons Under Twenty-One (21). No person shall deliver to, transfer to, or sell sell to persons twenty-one (21) years of age or older marijuana or marijuana paraphernalia.
E. 
Penalties. Subject to the limitations of this Section, a person who possesses not more than twice the amount of marijuana allowed pursuant to this Subsection, produces not more than twice the amount of marijuana allowed pursuant to this Subsection, delivers without receiving any consideration or remuneration to a person who is at least twenty-one (21) years of age not more than twice the amount of marijuana allowed by this Subsection, or possesses with intent to deliver not more than twice the amount of marijuana allowed by this Subsection:
1. 
For a first violation, is subject to an ordinance violation punishable by a fine not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana;
2. 
For a second violation and subsequent violations, is subject to an ordinance violation punishable by a fine not exceeding five hundred dollars ($500.00) and forfeiture of the marijuana;
3. 
A person under twenty-one (21) years of age is subject to a fine not to exceed two hundred fifty dollars ($250.00). Any such person shall be provided the option of attending up to eight (8) hours of drug education or counseling in lieu of the fine; and
4. 
In lieu of payment, penalties under this Subsection may be satisfied by the performance of community service. The rate of pay-down associated with said service option will be the greater of fifteen dollars ($15.00) or the minimum wage in effect at the time of judgment.
[Ord. No. 2436, 9-25-2023]
A. 
It shall be unlawful for any person to:
1. 
Operating or being in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of marijuana. Notwithstanding the foregoing, a conviction of a person who is at least twenty-one (21) years of age for any applicable offenses shall require evidence that the person was in fact under the influence of marijuana at the time the person was in physical control of the motorized form of transport and not solely on the presence of tetrahydrocannabinol (THC) or THC metabolites, or a combination thereof, in the person's system;
2. 
Consumption of 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;
3. 
Smoking marijuana within a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated;
[Ord. No. 2436, 9-25-2023]
If shall be unlawfull for an person to be in possession or consumption of marijuana or possession of marijuana accessories on the grounds of a public or private preschool, elementary or secondary school, institution of higher education, in a school bus, or on the grounds of any correctional facility.
[Ord. No. 2436, 9-25-2023]
A. 
Smoking marijuana in a location where smoking tobacco is prohibited.
B. 
Consumption of marijuana in a public place, other than in an area authorized by the City for that purpose is prohibited.
C. 
Restaurants serving food which contains marijuana must register with the City and provide notice on all public entrances and on all menus that certain food contains marijuana.
D. 
Violation of this Section shall be punishable by a fine not to exceed one hundred dollars ($100.00) for the first offense and not more than five hundred dollars ($500.00) as well as confiscation of the marijuana for subsequent offenses.