Bill No 696 Ordinance 1694 Medical Marijuana

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, TO ALLOW AND REGULATE MEDICAL MARIJUANA AND MEDICAL MARIJUANA BUSINESSES WITHIN THE CITY LIMTS OF RICH HILL, BATES COUNTY, MISSOURI.  

WHEREAS, in the November 2018 election, Missouri voters approved an amendment to the Missouri Constitution, Article XIV, Section 1, legalizing medical marijuana; and

WHEREAS, the Board of Aldermen of the City of Rich Hill, Missouri, now desires to regulate and allow medical marijuana and medical  marijuana businesses within the city limits of Rich Hill, Missouri in conformity with the provisions of Article XIV, Section 1 of the Missouri Constitution, as well as all regulations enacted pursuant to Article XIV, Section 1.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

SECTION 1: That the following provisions shall apply to medical marijuana and medical marijuana businesses within the city limits of Rich Hill, Missouri:

MEDICAL MARIJUANA

Section 1 – DEFINITIONS

(a)   Administer means the direct application of marijuana to a qualifying patient 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:

(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.

(b)  Canopy space means a space measured from the outermost point of a mature flowing plant in a designated growing area and continuing around the outside of all mature flowering plants in that designated growing area but not including space allocated for walkways or ancillary equipment. This space may be spread over a single level or several levels.

(c)   Church means a permanent building primarily and regularly used as a place of religious worship.

(d)  Daycare means a child-care facility, as defined by Section 210.201, RSMo., that is licensed by the state of Missouri.

(e)   Department means the Department of Health and Senior Services, or its successor agency.

(f) Dried, unprocessed marijuana or its equivalent means the marijuana flower after it has been cured and trimmed or its equivalent amount of marijuana concentrate or THC. For purposes of purchase and possession limitations, one (1) ounce of dried, unprocessed marijuana is equivalent to eight (8) grams of medical marijuana concentrate or eight hundred (800) milligrams of THC in infused products.

(g) Elementary or secondary school means any public school as defined in Section 610.011, 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.

(h) Enclosed, locked facility means:

  1. 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
  2. An outdoor stationary structure:
    1. 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;
    2. 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
    3. 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.

(i) Entity means a natural person, corporation, professional corporation, nonprofit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.

(j) Flowering plant means a marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.

(k) Harvest lot means a specifically identified quantity of marijuana that is uniform in strain, cultivated utilizing the same growing practices, harvest within a seventy-two (72) hour period at the same location, and cured under uniform conditions.

(l) Identification card means a document, whether in paper or electronic format, issued by the department that authorizes a qualifying patient, primary caregiver, or employee or contractor of a licensed facility to access medical marijuana as provided by law.

(m) Marijuana or Marihuana means 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 containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis, or commodities or products manufactured from industrial hemp.

(n)  Marijuana-infused products means 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.

(o)  Medical marijuana cultivation facility means 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.

(p)  Medical marijuana dispensary facility or Dispensary means 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.

(q)  Medical marijuana-infused products manufacturing facility means 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 to another medical marijuana-infused products manufacturing facility.

(r)   Medical marijuana testing facility means a facility certified by the department to acquire, test, certify, and transport marijuana.

(s) Medical marijuana transportation facility means a facility certified by the department to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility.

(t) Medical use means the production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia used to administer marijuana or marijuana-infused product, for the benefit of a qualifying patient to mitigate symptoms or effects of the patient’s qualifying medical condition.

(u)  Physician means an individual who is licensed and in good standing to practice medicine or osteopathy under Missouri law.

  1. A license is in good standing if it 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.
  2. 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 334.043, RSMo.

(v)  Primary caregiver means 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 identification card under this chapter or in other written notification to the department.

(w) Public place means 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 or more enclosed, private spaces where one 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 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.

(x)  Qualifying medical condition means 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, posttraumatic 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 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, 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.

(y)  Qualifying patient means a Missouri resident diagnosed with at least one (1) qualifying medical condition.

(z) Statewide track and trace system means the system the department uses to track medical marijuana from either the seed or immature plant stage until the medical marijuana sold to a qualifying patient or primary caregiver to ensure that all medical marijuana sold in Missouri was cultivated or manufactured in Missouri, that all medical marijuana cultivated or manufactured in Missouri is sold only by dispensaries and only to individuals in possession of a valid qualifying patient or primary caregiver identification card, and that any given qualifying patient or primary caregiver is only purchasing the amount of medical marijuana he or she is approved to purchase at any given time.

Section 2 – No additional licenses.

(a) Medical marijuana facilities shall be required to be properly licensed and/or certified by the Missouri Department of Health and Senior Services as required by 19 CSR 30-95. Each medical marijuana facility in operation shall obtain a separate license, but multiple licenses may be utilized in a single location. All licenses shall be displayed at all times within twenty (20) feet of the main entrance to the medical marijuana facility.

Section 3 – Facilities operation, policies and procedures, generally.

(a) In addition to the requirements of 19 CSR 30-95, medical marijuana facilities shall also comply with the following:

(b) No medical marijuana facility shall be sited within three hundred (1000) feet of any then-existing elementary or secondary school, daycare, or church.

  1. 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.
  2. 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 closed 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.
  3. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

(c) All marijuana for medical use, including plants, flowers, and infused products, sold in Missouri shall be cultivated in a licensed cultivation facility located in Missouri. After December 31, 2020, marijuana for medical use shall be grown from seeds or plants obtained from a Missouri licensed cultivation or dispensary facility.

(d) Signage and advertising on facility premises must comply with the following:

  1. A facility may not display marijuana, marijuana paraphernalia, or advertisements for these items in a way that is visible to the general public from a public right-of-way.
  2. Outdoor signage and, if visible to the public, interior signage must comply with the following provisions:
    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.

Section 4 – Possession and transportation.  No person shall possess and transport medical marijuana within the city limits, except:

(a) A qualifying patient for the qualifying patient’s own personal use, in an amount no greater than the law allows, or

(b) A primary caregiver of a qualifying patient(s) but only when transporting medical marijuana to a qualifying patient or when accompanying a qualifying patient(s) or when holding for a qualifying patient while with the qualifying patient or at the primary caregiver’s residence, or

(c) An owner or an employee of a medical marijuana facility within the enclosed building licensed as such, or when delivering directly to a qualifying patient’s or primary caregiver’s residence, or another medical marijuana facility, or to multiples of these locations. This provision shall only apply to transportation of medical marijuana while within the city limits and shall not apply to transportation outside the city limits or to and from locations outside the State of Missouri.  This provision will not be construed to prohibit the growing of marijuana outdoors by a holder of a medical marijuana cultivation facility license or a qualifying patient or primary caregiver for personal use, so long as the requirements of the department are complied with.

Section 5 – Transportation facilities.

(a) In addition to the requirements for cultivation facilities in Section 3 of this Article and 19 CSR 30-95.100, cultivation facilities shall also comply with the following:

  1. Transportation facilities shall transport all medical marijuana from an originating facility to a destination facility within twenty-four (24) hours.

Section 6 – Cultivation facilities.

(a) In addition to the requirements for cultivation facilities in Section 3 of this Article and 19 CSR 30-95.050, cultivation facilities shall also comply with the following:

(b) Cultivation facilities may cultivate medical marijuana in indoor, outdoor, or greenhouse facilities or some combination of the three (3):

  1. Each indoor facility utilizing artificial lighting will be limited to no more than thirty thousand (30,000) square feet of flowering plant canopy space.
  2. Each outdoor facility utilizing natural lighting will be limited to no more than two thousand eight hundred (2,800) flowering plants.
  3. Each greenhouse facility using a combination of natural and artificial lighting will be limited to, at the election of the licensee, either no more than two thousand eight hundred (2,800) flowering plants or no more than thirty thousand (30,000) square feet of flowering plant canopy space.
  4. If a cultivation facility is operating with multiple cultivation licenses in the same location, the size limitations of the cultivation facility will be multiplied by the number of licenses.

(c) Cultivation facilities, except those in rural, unincorporated agricultural areas, must develop, implement and maintain an odor control plan, which shall address odor mitigation practices including, but limited to, engineering controls.

(d) No cultivation facility shall emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the boundary of the lot on which the facility is located. If a cultivation facility is located in a multiple-tenant building, the cultivation facility shall not emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space in which the cultivation facility is located.

(e) Cultivation facilities may only transport medical marijuana:

  1. That the facility cultivated;
  2. To a dispensary, testing, or manufacturing facility;
  3. If the facility complies with the requirements of 19 CSR 30-95.100(2).

(f) Cultivation facilities shall not transfer medical marijuana from the facility, except to a testing facility, until the medical marijuana has been tested by a testing facility, according to the provisions of 19 CSR 30-95.070, and the cultivation facility has received verification from the testing facility that the medical marijuana has passed all required testing.

(g) Cultivation facilities shall store all medical marijuana:

  1. At the approved location of the facility; or
  2. In offsite 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).

Section 7 – Medical marijuana dispensary facilities.

(a) In addition to the requirements for dispensary facilities in Section 3 of this Article and 19 CSR 30-95.080, dispensary facilities shall also comply with the following:

(1)  Dispensary facilities shall not be open to the public or make any sales between the hours of 7:00 p.m. and 7:00 a.m.

(2)  No marijuana, of any type, may be smoked, ingested, or otherwise consumed or administered on the premises of any dispensary facility at any time, nor shall the licensee permit such consumption.

(3) Dispensary facilities shall not sell medical marijuana until the medical marijuana has been tested by a testing facility, according to the provisions of 19 CSR 30-95.070, and has been verified as passing all required testing.

(4) Dispensary facilities may only transport medical marijuana:

a. To qualifying patients, primary caregivers, testing, manufacturing and other dispensary facilities;

b. If the facility complies with the requirements of 19 CSR 30-95.100(2).

(5) Dispensary facilities that sell ingestible medical marijuana-infused products shall comply with the applicable food safety standards set forth in 19 CSR 20-1.025.

(6) Dispensary facilities shall store all medical marijuana:

a. At the approved location of the facility; or

b. In offsite 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).

(7) Dispensary facilities shall only sell medical marijuana seeds acquired from licensed medical marijuana cultivation facilities.

(8) Dispensary facilities shall not sell medical marijuana to a qualifying patient or primary caregiver in amounts greater than what that individual is currently authorized to purchase per the statewide track and trace system.

(9) Dispensary facilities shall not sell medical marijuana seeds to a qualifying patient or primary caregiver who is not currently authorized to cultivate medical marijuana.

(10) Dispensary facilities may not disburse medical marijuana as part of a promotional event.

(11) Dispensary facilities shall require every customer to display the customer’s identification card issued by the Missouri Department of Health and Senior Services or other proof of eligibility at the time of each purchase.

(12) No person under the age of eighteen (18) years old shall be permitted into a dispensary facility, 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.

(13) No dispensary shall emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the boundary of the lot on which the facility is located. If a dispensary is located in a multiple-tenant building, the dispensary shall not emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space in which the dispensary is located.

(14) Each dispensary shall be operated from a permanent and fixed location. No dispensary shall be permitted to operate from a moveable, mobile, or transitory location. This subsection shall not prevent the physical delivery of medical marijuana to a qualifying patient or primary caregiver at a location off of the premises of the licensee’s dispensary, to the extent so permitted by law.

Section 8 – Medical marijuana-infused products manufacturing facilities.

(a) In addition to the requirements for manufacturing facilities in Section 3 of this Article and 19 CSR 30-95.060, manufacturing facilities shall also comply with the following:

(1)  Facilities must develop, implement, and maintain an odor control plan, which shall address odor mitigation practices, including, but not limited to, engineering controls.

(2)  Manufacturing facilities that produce ingestible medical marijuana-infused products shall comply with the applicable food safety standards set forth in 19 CSR 20-1.023, 1.040 and 1.050, as applicable. Such facilities are prohibited from producing frozen desserts, as defined by 19 CSR 20-1.030, or acidified foods, as defined by 19 CSR 20-1.042.

(3) Manufacturing facilities shall store all medical marijuana:

a. At the approved location of the facility; or

b. In offsite warehouses that comply with the security requirements of 19 CSR 30-95.040(4)(H), the location requirements of Section 3 of this Article and that have been approved pursuant to 19 CSR 30-95.040(3)(C).

(4)  Manufacturing facilities that use volatile solvents shall install air-handling systems and other controls designed to minimize the risks of explosions and fired. These controls should include systems to prevent ignition; plans for safe storage, use, and disposal of solvents; and policies for continuous staff monitoring of all processes involving volatile solvents.

(5)  No manufacturing facility shall emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the boundary of the lot on which the facility is located. If a manufacturing facility is located in a multiple-tenant building, the manufacturing facility shall not emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space in which the dispensary is located.

Section 9 – Medical marijuana testing facilities.

(a) In addition to the requirements for testing facilities in Section 3 of this Article and 19 CSR 30-95.070, testing facilities shall also comply with the following:

  1. No testing facility shall emit any odor of marijuana which is capable of being smelled by a person of ordinary senses outside of the boundary of the lot on which the facility is located. If a testing facility is located in a multiple-tenant building, the testing facility shall not emit any odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space in which the testing facility is located.

Section 10 – Purchase and possession limitations.

(a) Qualifying patients may only purchase, or have purchased on their behalf by their primary caregiver(s), four (4) ounces of dried, unprocessed marijuana per qualifying patient, or its equivalent, in a thirty (30) day period.

(b) Qualifying patients may only possess, or instruct a primary caregiver to possess on their behalf:

  1. In the case of qualifying patients who do not cultivate or have medical marijuana cultivated on their behalf, up to a sixty (60) day supply of dried, unprocessed marijuana per qualifying patient, or its equivalent; or
  2. In the case of qualifying patients who are cultivating marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf, up to a ninety (90) day supply of dried, unprocessed marijuana or its equivalent, so long as the supply of medical marijuana cultivated by the qualifying patients or primary caregivers remains on property under their control.

(c) All medical marijuana purchased from a dispensary must be stored in or with its original packaging.

(d) Primary caregivers may possess a separate legal limit for each qualifying patient under their care and a separate legal limit for themselves if they are a qualifying patient, each of which shall be stored separately for each qualifying patient and labeled with the qualifying patient’s name.

(e) Purchase and possession limits established in this section shall not apply to a qualifying patient with written certification from two (2) independent physicians that there are compelling reasons why the qualifying patient needs a greater amount than the limits established in this section:

  1. In such a case, both independent physicians must state in their certifications what amount the qualifying patient requires, which shall then be that patient’s limit.
  2. If the two (2) independent physicians disagree on what amount should be patient’s limit, the lower of the two (2) amounts shall be that patient’s limit.
  3. If the patient’s limit is increased after receiving a qualifying patient identification card, the qualifying patient or primary caregiver shall notify the department in a department-approved format within ten (10) days of the change.

Section 11 – Qualifying patient cultivation. All qualifying patient cultivation shall take place in an enclosed, locked facility, as defined in this Section 1 of this Article.

(a) One (1) qualifying patient may cultivate up to six (6) flowering marijuana plants, six (6) nonflowering marijuana plants (over fourteen (14) inches tall), and six (6) clones (plants under fourteen (14) inches tall) at any given time in a single, enclosed locked facility. No more than twelve (12) flowering marijuana plants, twelve (12) nonflowering plants, and twelve (12) clones may be cultivated in a single, enclosed locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants, six (6) additional nonflowering marijuana plants, and six (6) additional clones for a total of eighteen (18) flowering plants, eighteen (18) nonflowering marijuana plants, and eighteen (18) clones in a single, enclosed locked facility.

(b) Under no circumstance will a qualifying patient be entitled to cultivate, or have cultivated on his or her behalf, more than six (6) flowering marijuana plants.

(c) Nothing in this section shall convey or establish a right to cultivate medical marijuana in a facility where state law or a private contract would otherwise prohibit doing so.

(d) All cultivated flowering marijuana plants in the possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient’s name.

(e) No qualifying patient or primary caregiver shall be permitted to use combustible gases or other dangerous materials to extract resins from marijuana.

Section 12 – Residential cultivation. To the extent allowed by state law, marijuana for medicinal purposes may be cultivated in a residential structure, provided:

(a) 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.

(b) All residential medical marijuana cultivation by a qualifying patient or primary caregiver shall be done in such a way as to prevent odors of marijuana from being detected by a person of ordinary senses beyond the boundary of the lot upon which the medical marijuana plants are located. If a qualifying patient or primary caregiver cultivates medical marijuana in a multiple-tenant building, the qualifying patient or primary caregiver shall not permit odors of marijuana which are capable of being detected by a person of ordinary senses outside of the tenant space the qualifying patient or primary caregiver occupies.

(c) No manufacturing of marijuana-infused products shall occur in any residential structure.

(d) All residential cultivation must comply with the security and other requirements of state law and the rules of the department.

(e) The qualifying patient or primary caregiver 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.

Section 13 – Residential Consumption.  Qualifying patients may consume medical 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 beyond the property line of single-family home or outside of the owned or leased premises of a duplex or multifamily unit there shall be a rebuttable presumption that this section has been violated.  In a multifamily or similar dwelling, medical marijuana may not be dispensed or consumed in any common area.

Section 14 – Disposal of medical marijuana.

(a) Any excess or unusable medical marijuana or medical marijuana byproduct of a cultivation, manufacturing, dispensary, testing, or transportation facility shall be disposed of pursuant to the requirements of 19 CSR 30-95.040(4).

(b) In any case where a qualifying patient is no longer entitled to medical marijuana under any provision of state law or is deceased, any excess medical marijuana or marijuana plants in the possession of the qualifying patient or the patient’s primary caregiver or discovered by a third party shall be turned over to a licensed dispensary for disposal pursuant to the requirements of 19 CSR 30-95.030(9).

SECTION 2:  This Ordinance shall be in full force and effect from and after the date of its passage and approval.

SECTION 3: The provisions of this Ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance.

SECTION 4. All existing ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict.

Read the first time by title only and approved by the Board of Aldermen of the City of Rich Hill, Missouri, this 9th day of October, 2019.

 

Read the second time by title only and approved by the Board of Aldermen of the City of Rich Hill, Missouri, this 9th day of  October, 2019.

______________________________

Jason Rich, Mayor

ATTEST:

______________________________

Casey Crews, City Clerk

Ayes: Tourtillott, Humble, Robb

Nays: None

Absent: Kassner

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