Farmington City Zoning Code
ARTICLE XI
Marijuana Facilities
Section 405.550 Standards For Marijuana Facilities.
A. CHURCH COMPREHENSIVE FACILITY COMPREHENSIVE MARIJUANA CULTIVATION FACILITY COMPREHENSIVE MARIJUANA DISPENSARY FACILITY COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY CONSUMER DAY CARE MARIJUANA OR MARIHUANA MARIJUANA ACCESSORIES MARIJUANA-INFUSED PRODUCTS MARIJUANA TESTING FACILITY MEDICAL MARIJUANA CULTIVATION FACILITY MEDICAL MARIJUANA DISPENSARY FACILITY MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY MEDICAL MARIJUANA TRANSPORTATION FACILITY MICROBUSINESS DISPENSARY FACILITY MICROBUSINESS WHOLESALE FACILITY PREROLL PREROLL, INFUSED PRIMARY CAREGIVER QUALIFYING PATIENT SCHOOL
Definitions. As used in this Article the following terms shall have the meanings indicated:
A permanent building primarily and regularly used as a place of religious worship.
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri 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 State of Missouri 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 1 of this Article, 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.
A facility licensed by the State of Missouri 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.
A person who is at least twenty-one (21) years of age.
A child care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.
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 seed thereof and resin extracted from the plan and marijuana-infused products. Marijuana does not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
Any equipment, product, material, or 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.
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 certified by the State of Missouri to acquire, test, certify, and transport marijuana, including those originally certified as a medical marijuana testing facility.
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri 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 projects manufacturing facility.
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana test facility, or to another medical marijuana-infused projects manufacturing facility.
A facility certified by the State of Missouri to transport medical marijuana to a qualifying patient, a primary caregiver, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana-transportation facility.
A facility licensed by the State of Missouri 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 consumer, qualifying patient, as that term is defined in Section 1 of this Article, or primary caregiver, as that term is defined in Section 1 of this Article, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of this Article and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness 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 microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
A facility licensed by the department to acquire, cultivate, process, package, store on-site or off-site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), and marijuana infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to two hundred fifty (250) flowering marijuana plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and infused prerolls.
A consumable or smokable marijuana product generally consisting of: (1) a wrap or paper; and (2) dried flower, bud, and/or plant material, that may or may not include a filter or a crutch at the base of the product.
A consumable or smokable marijuana product generally consisting of: (1) a wrap or paper; (2) dried flower buds, and/or plant material; and (3) a concentrate, oil or other type of marijuana extract either within or on the surface of the product that may or may not include a filter or crutch at the base of the product.
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 an identification card under this Section or in other written notification to the Missouri Department of Health and Senior Services.
A Missouri resident diagnosed with at least one (1) qualifying medical condition as defined by Amendment 2 of the Missouri Constitution.
Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.
B.
Marijuana Dispensary. No building shall be constructed, altered or used for a marijuana dispensary without complying with the following regulations this Article.
1.
No marijuana dispensary shall be located within one thousand (1,000) feet of a then-existing elementary or secondary school, child day care center, or church. Measurements shall be in a method consistent with Missouri State Department of Health and Senior Services Rules and Regulations related to marijuana facilities. For the purpose of this Section, "then-existing" shall mean any school, child day care center, or church with an issued building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana dispensary first applies for either a zoning or a building permit, whichever comes first.
2.
Operations. All operations and storage of materials, products, or equipment shall be within a fully secured area inside the building structure.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana dispensary building.
4.
Hours Of Operation. All sales or distribution of marijuana and any other products sold to the public through a marijuana dispensary may only take place between the hours of 7:00 A.M. and 10:00 P.M., Monday-Sunday. Marijuana dispensaries shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed or contracted (for things like building repair or construction) by the marijuana dispensary may be present in such facility at any time it is closed to the public.
5.
Display Of License Required. The marijuana dispensary license issued by the stAte of Missouri shall be displayed prominently in a highly visible location, easily seen by patients on the dispensary's sales floor.
6.
Site Plan Review. Any plans for a marijuana dispensary shall meet the standards of the current adopted International Building Code and any other requirements set forth in City ordinance.
7.
Odor. No marijuana-related use or facility shall emit an odor or in any way cause a public nuisance as defined in Section 205.010. The applicant shall demonstrate that the appropriate systems will be provided to prevent any odor of marijuana or fumes from leaving the facility.
8.
Licensed marijuana dispensaries are further restricted to being not less than one thousand (1,000) feet in proximity to other licensed marijuana dispensaries.
C.
Marijuana-Infused Products Manufacturing Facility. No building shall be constructed, altered or used for a marijuana-infused product facility without complying with the following regulations this Article.
1.
No marijuana-infused products manufacturing facility shall be located within one thousand (1,000) feet of a then-existing elementary or secondary school, child day care center, or church. Measurements shall be in a method consistent with Missouri State Department of Health and Senior Services Rules and Regulations related to marijuana facilities. For the purpose of this Section, "then-existing" shall mean any school, child day care center, or church with an issued building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana-infused products manufacturing facility first applies for either a zoning or a building permit, whichever comes first.
2.
Operations. All operations and 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 razor wire fence at least ten (10) feet in height, not including the razor wire.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana-infused products manufacturing facility.
4.
Hours Of Operation. All marijuana-infused products manufacturing facilities shall be closed to the public, between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being an approved entry and logged in by building security personnel and are required to obtain a visitor pass.
5.
Display Of License Required. The marijuana-infused products manufacturing facility license issued by the State of Missouri shall be displayed prominently in a highly visible location near the front desk of the facility.
6.
Site Plan Review. Any plans for a marijuana-infused products manufacturing facility shall meet the standards of the current adopted International Building Code and any other requirements set forth in City ordinance.
D.
Marijuana Cultivation Facilities. No building shall be constructed, altered or used for a marijuana cultivation facility without complying with the following regulations of this Article. All marijuana cultivation facilities shall be located indoors. No cultivation of marijuana shall occur outdoors.
1.
No marijuana cultivation facility shall be located within one thousand (1,000) feet of a then-existing elementary or secondary school, child day care center, or church. Measurements shall be in a method consistent with Missouri State Department of Health and Senior Services Rules and Regulations related to marijuana facilities. For the purpose of this Section, "then-existing" shall mean any school, child day care center, or church with an issued building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana cultivation facility first applies for either a zoning or a building permit, whichever comes first.
2.
Operations. 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 razor wire fence at least ten (10) feet in height, not including the razor wire.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana cultivation facility.
4.
Hours Of Operation. All marijuana cultivation facilities shall be closed to the public, between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being an approved entry and logged in by building security and are required to obtain a visitor pass.
5.
Display Of License Required. The marijuana cultivation facility license issued by the State of Missouri shall be displayed prominently in a highly visible location near the front entrance of the facility.
6.
Site Plan Review. Any plans for a marijuana cultivation facility shall meet the standards of the current adopted International Building Code and any other requirements set forth in City ordinance.
E.
Marijuana Testing Facility. No building shall be constructed, altered or used for a marijuana testing facility without complying with the following regulations of this Article.
1.
No marijuana testing facility shall be located within one thousand (1,000) feet on a then-existing elementary or secondary school, child day care center, or church. Measurements shall be in a method consistent with Missouri State Department of Health and Senior Services Rules and Regulations related to marijuana facilities. For the purpose of this Section, "then-existing" shall mean any school, child day care center, or church with an issued building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana testing facility first applies for either a zoning or a building permit, whichever comes first.
2.
Operations. All operations and storage of materials, products, or equipment shall be within a fully secured area inside the building structure.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana testing facility.
4.
Hours Of Operation. All marijuana testing facilities shall be closed to the public, between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being an approved entry and logged in by building security and are required to obtain a visitor pass.
5.
Display Of License Required. The marijuana testing facility license issued by the State of Missouri shall be displayed prominently in a highly visible location near the front entrance of the facility.
6.
Site Plan Review. Any plans for a marijuana testing facility shall meet the standards of the current adopted International Building Code and any other requirements set forth in City ordinance.
F.
Marijuana Transportation Facilities. No building shall be constructed, altered or used for a marijuana transportation facility without complying with the following regulations this Article. All marijuana transportation facilities shall be located indoors.
1.
No marijuana transportation facility shall be located within one thousand (1,000) feet of a then-existing elementary or secondary school, child day care center, or church. Measurements shall be in a method consistent with Missouri State Department of Health and Senior Services Rules and Regulations related to marijuana facilities. For the purpose of this Section, "then-existing" shall mean any school, child day care center, or church with an issued building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana transportation facility first applies for either a zoning or a building permit, whichever comes first.
2.
Operations. All operations and 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 razor wire fence at least ten (10) feet in height, not including the razor wire.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana transportation facility.
4.
Hours Of Operation. All marijuana transportation facilities shall be closed to the public, between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being an approved entry and logged in by building security and are required to obtain a visitor pass.
5.
Display Of License Required. The marijuana transportation facility license issued by the State of Missouri shall be displayed prominently in a highly visible location near the front entrance of the facility.
6.
Site Plan Review. Any plans for a marijuana transportation facility shall meet the standards of the current adopted International Building Code and any other requirements set forth in City ordinance.
[1]
This resolution changed the numbering of this Section from 405.240 to 405.550.