Latrobe City Zoning Code
ARTICLE XIV
Medical Marijuana Organizations
§ 166-92 Applicability.
Article XIV of the Zoning Code of the City of Latrobe shall apply to all medical marijuana organizations, unless noted otherwise herein.
§ 166-93 Definitions.
§ 166-94 Intent and state law.
A.
It is the intent of the City of Latrobe to provide reasonable and responsible controls for medical marijuana organizations located within the City of Latrobe. The City understands that medical marijuana has the opportunity to provide countless individuals within the Commonwealth and this City with the treatment and medication that they need. However, the City of Latrobe must treat medical marijuana organizations like all other land uses within the City and regulate their operations as permitted by law, in order to maintain and enhance the public health, safety, and welfare.
B.
Where state law, rules, and/or regulations provide more strict standards, the state law, rules, and/or regulations shall be controlling over this article. Should any provision of this article be preempted by state law, rules, and/or regulations, be invalidated, or deemed unconstitutional, that offending provision herein shall be stricken and the remainder of this article shall remain in full force and effect.
§ 166-95 Medical marijuana organizations.
A.
Siting. Medical marijuana organizations shall not be located within 200 feet of any residential zone district. Medical marijuana organizations shall not be located in a building that has any residential tenants at the time of the medical marijuana organization's application for a special exception under Chapter 166 of the City of Latrobe Code. Special exception status shall not be rescinded solely because a residential tenant moved into a building housing a medical marijuana organization following the filing of a completed application for a special exception.
B.
Home business. Medical marijuana organizations shall not be operated as a home business.
C.
Compliance. Medical marijuana organizations shall operate in compliance with the Medical Marijuana Act, Act No. 16 of 2016[1], as amended, and all regulations promulgated pursuant thereto. Should a medical marijuana organization be in violation of the Medical Marijuana Act, their special exception permit may be revoked upon motion of Council.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
D.
Permit. Medical marijuana organizations may not operate unless and until they have obtained a permit or other authorization issued by the Department of Health of the Commonwealth to conduct activities under the Medical Marijuana Act, Act No. 16 of 2016, as amended. A medical marijuana organization may not apply for a special exception under this Code unless they demonstrate that they are qualified to apply for a permit to be issued by the Department of Health of the Commonwealth under the Medical Marijuana Act, Act No. 16 or 2016.
E.
Indoor operations. All activities related to medical marijuana shall be conducted by medical marijuana organizations inside of a building or fully enclosed structure. No activities related to the dispensing, growing, or processing of medical marijuana shall take place outside the envelope of a building or fully enclosed structure. The transportation of medical marijuana from one location to another shall not be subject to this prohibition.
F.
Signs. Medical marijuana organizations shall comply the City of Latrobe sign requirements, as set forth in City of Latrobe Zoning Code Article VIII.
G.
Security. All medical marijuana organizations shall secure their locations.
(1)
All possible methods of egress and ingress shall be locked to the public at all times, with the exception of one public entrance to the location, which may be unlocked during the hours of operation of the facility. The building shall otherwise comply with the Property Maintenance Code, the Fire Code, and all other applicable codes to structures located within the City of Latrobe to ensure that the structure is safe and provides adequate exits for safety and in the event of an emergency.
(2)
The building must contain a video surveillance system that monitors the area of the building open to the public, the location of all marijuana, processed medical marijuana, and byproduct, regardless of form, and all exits and entrances to the building. All exits and entrances to the building shall be illuminated at all times to allow for video surveillance. The video surveillance system shall contain sufficient storage to retain a minimum of seven days worth of footage.
(3)
The building must be covered by a security system that alerts the business owner and law enforcement should there be any unauthorized access to the building housing the medical marijuana organization.
(4)
Medical marijuana organizations must comply with all electronic security and surveillance requirements as implemented by the Commonwealth and the Department of Health of the Commonwealth, as required by the Medical Marijuana Act, Act No. 16 of 2016, as amended.[2]
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
§ 166-96 Medical marijuana dispensaries.
A.
Medical marijuana. All medical marijuana shall be stored in a locked location not accessible or visible to the public. Excepted from this requirement is medical marijuana on display for purchase. Medical marijuana on display for purchase must be secured in a locked case. Medical marijuana can be in a locked display case during the dispensary's hours of operation, plus a reasonable period of time before and after the store is open. An employee for the Medical Marijuana Dispensary shall be in the room housing the medical display case at all times when the case is housing medical marijuana and the dispensary is open to the public. Medical marijuana shall only be removed from the display case when it is being dispensed to a patient holding a certification issued pursuant to the Medical Marijuana Act, Act No. 16 of 2016[1], as amended, or it is being transported to or from the secure medical marijuana storage location in the building or another medical marijuana organization.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
B.
Location. In addition to the requirements of 166-92, medical marijuana dispensaries shall:
(1)
Only be located in commercial or industrial zone districts.
(2)
Shall not be located within 1,000 feet of any public, private, or parochial school (kindergarten through twelfth grade) or day-care center. This prohibition does not apply to any postsecondary educational facilities. This prohibition only applies to land uses existing on the date of special exception application pursuant to Chapter 166.
(3)
Medical marijuana dispensaries may be located on the same site as a medical marijuana grower/processer.
C.
Services and supplies.
(2)
Medical marijuana dispensaries may sell services approved by the Department of Health of the Commonwealth related to the use of medical marijuana.
(3)
Medical marijuana may be consumed on-site, if the medical marijuana dispensary provides a private space within the building for on-site consumption. This private space must have water available to the patient free of charge. The on-site physician, pharmacist, physician assistant or certified registered nurse practitioner must consent to the on-site consumption prior to the same, which can be denied due to any medical or safety concern. If on-site consumption is permitted, the medical marijuana dispensary shall also have a restroom available for public use.
§ 166-97 Medical marijuana grower/processor.
A.
Marijuana.
(1)
All marijuana, whether in seed form, a living plant, a plant that is being processed, a plant that has been processed, medical marijuana (as defined by 35 P.S. § 10231.103), the remains of the plant following processing, or any other form, shall be kept at all times in a locked location not open to the public. Medical marijuana being transported to or from any other medical marijuana organization pursuant to the Medical Marijuana Act, Act No. 16 of 2016[1], shall be exempt from this requirement.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(2)
All refuse generated from the growing and production of medical marijuana shall be stored in a locked location not open to the public. It shall be disposed of in such a manner that the refuse is not accessible to the public at large.