[Ord. No. 1101, § 1, 8-6-2019; Ord. No. 1159, 2-21-2023]
For the purpose of this article, the following words shall have the meanings set forth below:
ADMINISTERThe direct application of marijuana to a qualifying patient by way of the following methods:
(a) Ingestion of capsules, teas, oils, and other marijuana-infused products;
(b) Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils;
(c) Application of ointments or balms;
(d) Transdermal patches or suppositories; or
(e) Consuming marijuana-infused food products.
CHURCHA permanent building primarily and regularly used as a place of religious worship.
COMPREHENSIVE FACILITYA comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITYA 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 FACILITYA 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 Article to a qualifying patient or primary caregiver, as those terms are defined in Section 1 of Article XIV of the 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 this Article 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 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 FACILITYA 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.
CONSUMERA person who is at least twenty-one years of age.
DAYCAREA child-care facility, as defined by RSMo. 210.201, that is licensed by the State of Missouri.
DEPARTMENTThe Department of Health and Senior Services, or its successor agency.
DIRECTLYFor the purpose of this Article, “directly” shall mean the shortest possible practicable route from the medical marijuana facility to the permitted destination or destinations, without any voluntary detours or additional stops.
ELEMENTARY OR SECONDARY SCHOOLAny public school as defined in RSMo. 160.011, or any private school giving instruction in a grade or grades not higher than 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(A) 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 qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana; or (B) 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.
IDENTIFICATION CARDA document, whether in paper or electronic format, issued by the department that authorizes a qualifying patient, primary caregiver, or employee or contractor of the licensed facility to access medical marijuana as provided by law.
MARIJUANA or MARIHUANACannabis 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" does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis, or commodities or products manufactured from industrial hemp.
MARIJUANA BUSINESSAny facility licensed by the Department of Health and Senior Services under the authority granted by Article XIV of the Constitution.
MARIJUANA DISPENSARYEither a medical marijuana dispensary, a comprehensive marijuana dispensary, or a micro-business as those terms are defined in Article XIV of the Constitution.
MARIJUANA FACILITYA micro business, medical marijuana facility or a comprehensive facility as the term is defined by Article XIV, Section 2, of the Constitution.
MARIJUANA-INFUSED PRODUCTSProducts 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.
MEDICAL MARIJUANA CULTIVATION FACILITYA 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 Constitution.
MEDICAL MARIJUANA DISPENSARY FACILITYA 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.
MEDICAL MARIJUANA TRANSPORTATION FACILITYA 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.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA 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.
QUALIFYING PATIENTA Missouri resident diagnosed with at least one qualifying medical condition.
THEN-EXISTINGAny school, child daycare 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 in this Chapter first applies for either zoning or building permit, whichever comes first.