[Editor's Note: Former Ch. 800, Medical Marijuana Regulations,
was repealed 3-6-2023 by Ord. No. 3497. Prior history includes Ord.
No. 3351.]
[Ord. No. 3497, 3-6-2023]
A.
Any term not specifically defined in this Chapter shall have the definition set forth in Article XIV of the Missouri Constitution if any.
B.
ADMINISTER
CHURCH
COMPREHENSIVE FACILITY
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
CONSTITUTION
CONSUMER
CONSUMPTION
DAYCARE
DEPARTMENT
DIRECTLY
ENCLOSED, LOCKED FACILITY
1.
2.
a.
b.
c.
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
PUBLIC PLACE
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
or 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 800.010 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 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.
To smoke or ingest marijuana by any means.
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.
For the purpose of this Chapter the term "directly" shall
mean the shortest possible legally walkable practicable route from
the 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 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 qualifying patient(s) or primary caregiver(s) who
have informed the Department that this is the space where they will
cultivate marijuana.
When used herein, shall mean a monetary fine imposed by the
Municipal Court for this City.
Any equipment, product, material, or a 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 Missouri Constitution.
Either a medical marijuana dispensary or a comprehensive marijuana dispensary or a microbusiness as those terms are defined in Art. XIV of the Missouri Constitution.
A medical marijuana facility, a marijuana microbusiness, or a comprehensive facility as that term is defined by Art. XIV, Section 2, 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 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.
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 Missouri Constitution.
A facility licensed by the Department, to acquire, store,
sell, transport, and deliver marijuana, marijuana-infused products,
and drug paraphernalia 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.
Any property owned or controlled by the City or the State,
any public or private road, and any space in a building open to the
public; provided, however, that the owner of a building may allow
smoking in such a public space provided that all entrances to the
public space are clearly and conspicuously identified with a sign
identifying that public smoking of marijuana is allowed in the space.
A person designated as such by the Department.
Any school, child day care 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. 3497, 3-6-2023]
A.
Marijuana facilities shall be required to be properly licensed and/or
certified by the Missouri Department of Health and Senior Services.
All licenses shall be displayed at all times within twenty (20) feet
of the main entrance to the medical marijuana facility.
[Ord. No. 3497, 3-6-2023]
A.
Marijuana dispensaries shall not be open to the public or make any
sales between the hours of 10:00 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 twenty-one (21) who is not a qualifying
patient shall be allowed into a comprehensive marijuana dispensary
facility. No person under the age of twenty-one (21) shall be allowed
into any microbusiness dispensaries. No person under the age of eighteen
(18) years old shall be allowed into a medical marijuana dispensary.
The foregoing notwithstanding, a qualifying patient who is too young
to enter a medical marijuana dispensary, a comprehensive marijuana
dispensary, or a microbusiness, may do so if such qualifying patient
is accompanied by a parent or guardian or if such qualifying patient
has been emancipated and shows proof of emancipation.
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 (formerly called "paraphernalia") 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, and 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.
I.
Location.
1.
A dispensary may not be located within one thousand (1,000) legally walkable feet of a then existing elementary or secondary school, State-licensed child day-care center, or church [see Section 800.010(B) for the definition of "then existing"].
2.
In the case of a freestanding facility, the distance between
the facility and the school, day care, or church shall be measured
from the external wall of the facility structure closest in proximity
to the school, day care, or church to the closest point of the property
line of the school, day care, or church. If the 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 school, day care, 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, day care, or church shall be measured from the property
line of the school, day care, or church to the facility's entrance
or exit closest in proximity to the school, day care, or church. If
the 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 school, day care, 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 City Council 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 City
Council.
[Ord. No. 3497, 3-6-2023]
Marijuana dispensaries may operate an off-site storage facility
for the storage of products and inventory. A single off-site storage
facility may only be used by a single entity licensed as a marijuana
dispensary. An off-site storage facility shall not be open to the
public. An off-site storage facility shall comply with the same requirements
of a dispensary in regard to location, security, and odor control.
[Ord. No. 3497, 3-6-2023]
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)
legally walkable feet of a then existing elementary or secondary school,
licensed child day care 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 six (6) 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 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.
[Ord. No. 3497, 3-6-2023]
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) legally walkable feet of a then existing elementary or secondary school, State-licensed child day care center, or church [see Section 800.010(B) for the definition of "then existing"].
2.
In the case of a freestanding facility, the distance between
the facility and the school, day care, or church shall be measured
from the external wall of the facility structure closest in proximity
to the school, day care, or church to the closest point of the property
line of the school, day care, or church. If the 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 school, day care, 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, day care, or church shall be measured from the property
line of the school, day care, or church to the facility's entrance
or exit closest in proximity to the school, day care, or church. If
the 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 school, day care, 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 six (6) 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 marijuana cultivation facility
at any time.
E.
Display Of Licenses Required. The 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.
[Ord. No. 3497, 3-6-2023]
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:
C.
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.
 |
[Ord. No. 3497, 3-6-2023]
A.
Any marijuana facility authorized by Article XIV of the Missouri Constitution which generates marijuana smoke or odor that is capable of being detected by a person of ordinary senses (including, but not limited to, any Police Officer) beyond the property line of the facility is hereby declared to be a nuisance. In addition to any other remedy provided for the abatement of nuisances, the City may revoke the business license of any such facility for violation of this Section after notice and the opportunity for a hearing. Violation of this Section shall also be punishable by a fine, not to exceed five hundred dollars ($500.00).
B.
Allowing marijuana smoke or odor that is capable of being detected
by a person of ordinary senses (including, but not limited to, any
Police Officer) beyond the property line of the owner is hereby declared
to be a nuisance.
[Ord. No. 3497, 3-6-2023]
A.
Residential Cultivation.
1.
To the extent allowed by State law, marijuana may be cultivated
in a residential structure, provided:
a.
The structure is the primary residence of a primary caregiver
or qualifying patient or a person with a residential growing permit
from the Department of Health and Senior Services 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 or for the
sole use of the permit holder;
b.
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;
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;
and
e.
The resident has notified the City Clerk, including providing
proof of eligibility, on a form provided by the City Clerk, so that
law enforcement and Code officials will be aware that the cultivation
is lawfully taking place.
[Ord. No. 3497, 3-6-2023]
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 a 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, 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).
