Except as otherwise provided in this article, 63 O.S. § 420A et seq. and Oklahoma Administrative Code Title 310 Chapter 681, Medical Marijuana Control Program, are hereby incorporated into the Code of the city, with the same force and effect as if fully stated in this section. Any amendments to these statutes and regulations shall be adopted by reference and made a part of the ordinances of the city.

(Ord. No. 2018-19, § I, 10-1-2018; Ord. No. 2021-14, § I, 5-17-2021)

The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means the natural person or entity in whose name a license would be issued.

Commercial establishment means an entity licensed by the Oklahoma State Department of Health as a medical marijuana dispensary, grower, processor, or researcher.

Dispense means the selling of medical marijuana or a medical marijuana product to a qualified patient or the patient's designated caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a qualifying patient.

Dispensary means an entity that has been licensed by the Oklahoma State Department of Health, to purchase medical marijuana from a processer licensee or grower licensee and sell medical marijuana only to qualified patients, or their parents or legal guardians(s) if applicable, and caregivers.

Entity means an individual, a general partnership, a limited partnership, a limited liability company, a trust, an estate, an association, a corporation, or any other legal or commercial entity.

Grower or commercial grower means an entity that has been licensed by the Oklahoma State Department of Health to grow, harvest, and package medical marijuana for the purpose of selling medical marijuana to a dispensary, processor, or researcher.

Marijuana means all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation off a plant of that type or of its seeds or resin. "Marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.

Mature plant means harvestable female marijuana plant that is flowering.

Medical marijuana means marijuana that is grown, processed, dispensed, tested, possessed, or used for a medical purpose.

Medical marijuana product means a product that contains cannabinoids that have been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a qualified patient, including, but not limited to, oils, tinctures, edibles, pills, topical forms, gels, creams, forms medically appropriate for administration by vaporization or a nebulizer, patches, tinctures, and liquids excluding live plant forms.

Medical marijuana waste means unused, surplus, returned, or out-of-date marijuana, recalled marijuana, plant debris of the plant of the genus cannabis, including dead plants and all unused plant parts and roots, and any wastewater generated during growing and processing.

Patient or qualified patient means a person that has been properly issued a medical marijuana license by the Oklahoma Department of Health.

Private school means an elementary, middle, or high school maintained by private individuals, religious organizations, or corporations, funded, at least in part, by fees or tuition, and open only to pupils selected and admitted based on religious affiliations or other particular qualifications.

Processor means an entity that has been licensed by the Oklahoma State Department of Health which allows the entity to: purchase marijuana from a commercial grower; prepare, manufacture, package, sell to and deliver medical marijuana products to a dispensary licensee or other processor licensee; and may process marijuana received from a qualified patient into a medical marijuana concentrate, for a fee.

Public school means an elementary, middle, or high school established under state law, regulated by the local state authorities in the various political subdivisions, funded and maintained by public taxation, and open and free to all children of the particular district where the school is located.

(Ord. No. 2018-19, § I, 10-1-2018; Ord. No. 2021-14, § I, 5-17-2021)

(a)

All commercial establishments must obtain a certificate of occupancy from the community development department of the City of Chickasha and complete all required building inspections.

(1)

In order to receive a certificate of occupancy, applicants must submit:

a.

A description of the type of business and the proposed location;

b.

Proof of a medical marijuana commercial license issued by the Oklahoma State Department of Health;

c.

A site plan showing the exterior features of the building, including the parking lot, landscaping, driveways, sidewalks, and accessible parking spaces;

d.

A floor plan; and

e.

Building permits for occupancy change (if applicable);

f.

Proof of ownership or valid lease agreement for the property;

g.

Applicant will be required to be present during the inspection;

h.

A medical marijuana establishment will not be granted to any applicant where the proposed location is outside an approved zoning district as set forth, unless the applicant has obtained a use on review permit;

i.

Buildings where marijuana processing occurs an explosion proofing will be required.

(b)

Zoning and geographic restrictions.

(1)

Dispensaries may only be located in C-2 General Commercial Districts.

(2)

Commercial growers, processors, transporters and researchers may only be located in I-1 Light Industrial and I-2 Heavy Industrial Districts.

(3)

All commercial establishments must be located at least 1,000 feet from any public or private school. The distance shall be measured from any entrance of the school to the nearest property line of the commercial establishment.

(c)

Building regulations.

(1)

Dispensaries must be located in a permanent building and may not be located in a kiosk, trailer, cargo container, or motor vehicle.

(2)

All commercial grower facilities must be constructed in such a manner that the growing of the medical marijuana plants cannot be seen by the public from the public right-of-way.

(3)

All commercial establishments shall meet the standards of any applicable state and local electrical, fire, plumbing, waste, and building specification codes, including, but not limited to, the codes adopted by the Oklahoma Uniform Building Code Commission.

(d)

Waste management. All medical marijuana waste must be stored, managed, and disposed of in accordance with all state and local regulations, including, but not limited to, the Uniform Controlled and Dangerous Substances Act.

(e)

Security. All commercial establishments shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft and diversion of marijuana. Commercial establishments are responsible for the security of all marijuana items on the licensed premises and all marijuana items in their possession during transit.

(f)

Advertisement. Commercial establishments may not advertise in a manner that is inconsistent with the medicinal use of medical marijuana. They may not advertise in a manner that is misleading, deceptive, false, or designed to appeal to minors. All advertisements must comply with the city's sign ordinance per City Code chapter 54 article VIII.

(g)

Prohibited Acts. No commercial marijuana establishment shall allow the consumption of alcohol, medical marijuana, or medical marijuana products on the premises.

(h)

Conditions of operations.

(1)

A medical marijuana retailer establishment must collect all applicable sales tax on all sales.

(i)

Use on review applications for medical marijuana establishments.

(1)

Use on review applications will be considered for properties located outside the allowed zoning areas for commercial medical marijuana establishments.

(2)

Permits will be considered on a case by case basis and at the discretion of the community development director.

(3)

Use on review permits will be active for the duration the tenant or land owner uses the location. If there is a change of ownership, occupant or business the permit will no longer be valid.

(Ord. No. 2018-19, § I, 10-1-2018; Ord. No. 2021-14, § I, 5-17-2021)