Church means a permanent building primarily and regularly used as a place of worship.

Consumer means a person who is at least 21 years of age per 19 CSR 100. This term shall also be considered to be interchangeable with the terms "recreational use", "recreational consumer" and "adult use" as used in this article.

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

Elementary or secondary school means any public school as defined by Section 160.011, RSMo, or any private school giving instruction in a grade or grades not higher than the 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 means: (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 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; 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.

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, does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp, including non-psychoactive Cannabidiol (CBD) Oil extracted from hemp seeds, including non-psychoactive Cannabidiol (CBD) Oil extracted from hemp seeds.

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.

Marijuana cultivation facility means a facility licensed by the Missouri Department of Health and Senior Services to acquire, cultivate, process, store, transport, and sell marijuana to a dispensary facility, marijuana testing facility, warehouse, or to a marijuana-infused products manufacturing facility.

Marijuana dispensary facility means a facility licensed by the Missouri Department of Health and Senior Services to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia for adult use in amounts permitted by state law, or used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another marijuana dispensary facility, a marijuana testing facility, warehouse, or a marijuana infused products manufacturing facility.

Marijuana facility means a marijuana dispensary facility, marijuana cultivation facility, marijuana testing facility, marijuana infused products manufacturing facility, warehouse, marijuana transportation facility, microbusiness dispensary facility and microbusiness wholesale facility.

Marijuana-infused products manufacturing facility means a facility licensed by the Missouri Department of Health and Senior Services, to acquire, store, manufacture, transport, and sell marijuana-infused products to a marijuana dispensary facility, a marijuana testing facility, warehouse, or to another marijuana-infused products manufacturing facility.

Marijuana testing facility means a facility certified by the Missouri Department of Health and Senior Services, to acquire, test, certify, and transport marijuana.

Marijuana transportation facility means a facility licensed by the Missouri Department of Health and Senior Services to transport marijuana for adult use in amounts permitted by state law, or to a qualifying patient, primary caregiver, a marijuana cultivation facility, a marijuana-infused products manufacturing facility, a marijuana dispensary facility, a marijuana testing facility, warehouse, or another marijuana transportation facility.

Microbusiness dispensary facility means a microbusiness facility licensed by the Missouri Department of Health and Senior Services under 19 CSR 100 where marijuana is dispensed for medical or adult use.

Microbusiness wholesale facility means a microbusiness facility licensed by the Missouri Department of Health and Senior Services under 19 CSR 100 where marijuana cultivation operations for medical or adult use occur and/or where marijuana-infused products and prerolls are manufactured for medical or adult use.

Qualifying patient means a Missouri resident diagnosed with at least one qualifying medical condition.

Primary caregiver means an individual 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 from the Missouri Department of Health and Human Services.

Warehouse means a facility granted a certificate by the Missouri Department of Health and Senior Services for off-site storage of marijuana product.

(Ord. No. 5729-23, § 2(Exh. A), 7-11-2023)

(a)

The distance limitations in this article, when referring to distances between marijuana facilities and schools, daycares, and churches, shall be measured in accordance with19 CSR 100.

(b)

The distance limitations in this article, when referring to distances between a marijuana facility and a separate marijuana facility not contained in the same structure, shall be measured in a straight line between the primary entrances of each marijuana facility.

(c)

The distance limitations in this article, when referring to distances between a marijuana facility and a residential district, shall be measured in a straight line between the primary entrance of the marijuana facility and the nearest point on the property line of a residential district.

(Ord. No. 5729-23, § 2(Exh. A), 7-11-2023)

All 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 100. Furthermore, marijuana facilities shall have a city business license as required in Chapter 10 of the Raytown Municipal Code, and a commercial use permit as required by Section 50-518 of the Raytown Municipal Code, and any other license required by the city that complies with 19 CSR 100. Certain activities performed in relation to such facilities may require permits from other agencies not related to the city such as the Raytown Fire District.

(Ord. No. 5729-23, § 2(Exh. A), 7-11-2023)

In addition to the requirements for dispensary facilities including microbusiness dispensaries in 19 CSR 100, such facilities shall also comply with the following:

(a)

Marijuana dispensaries shall not be open to the public or make any sales between the hours of 12:00 a.m. and 6:00 a.m. or as established by the ordinance approving a conditional use Permit in cases where such a permit is required.

(b)

Marijuana dispensaries shall only transport marijuana:

a.

To qualifying patients, primary caregivers, recreational consumers, a medical marijuana testing facility, a medical marijuana dispensary, a medical marijuana-infused product manufacturing facility;

If the marijuana dispensary complies with the requirements of 19 CSR 100.

(c)

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

(d)

Marijuana dispensaries shall not disburse marijuana as part of a promotional event.

(e)

All marijuana dispensaries shall only sell marijuana seeds acquired from state licensed marijuana cultivation facilities.

(f)

No marijuana dispensary shall sell marijuana seeds to a qualifying patient or primary caregiver who is not currently authorized to cultivate marijuana.

(g)

All marijuana dispensaries shall require every medical marijuana 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.

(h)

Marijuana dispensaries shall not sell marijuana to a qualifying patient or primary caregiver in amounts greater than what that individual is currently authorized to purchase by the Missouri Department of Health and Senior Services.

(i)

No person under the age of 21 years old may enter any areas beyond the facility's public access point area, unless the individual is a qualifying patient or accompanying a parent or guardian who is a qualifying patient, primary caregiver, or recreational consumer.

(j)

No marijuana dispensary 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 upon which the marijuana dispensary is located.

(k)

Each marijuana dispensary shall be operated from a permanent and fixed location. No marijuana 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 recreational consumer, qualifying patient or primary caregiver at a location off of the premises of the licensee's marijuana dispensary, to the extent so permitted by law.

(l)

Dispensary facilities of any type properly licensed by the Missouri Department of Health and Senior Services may opt to provide drive-through service at the licensed location following approval of the security plan for the facility by the Raytown Police Department including the drive-through component. Dispensary facilities opting to provide drive through service at a future date following approval of the original facility security plan shall submit an amended security plan for the drive-through component to the Raytown Police Department for review and approval.

(Ord. No. 5729-23, § 2(Exh. A), 7-11-2023)

A marijuana dispensary or microbusiness dispensary may be located as a permitted use in the Highway Commercial District (HC), or as a conditional use in the Neighborhood Commercial District (NC), upon satisfactory compliance with the provisions of this section. A conditional use permit is required in the Neighborhood Commercial District (NC), due to its close proximity to residential districts, lower capacity to handle increases in traffic flow and absorb related noise, and the limitations of adaptability of older commercial structures to meet modern building code requirements for the proposed uses.

(a)

As a permitted use in the Highway Commercial District (HC):

a.

A marijuana dispensary shall have the appropriate license from the Missouri Department of Health and Senior Services, pursuant to 19 CSR 100.

b.

No marijuana dispensary shall be located closer than 1,000 feet from any elementary or secondary school, daycare, or church.

c.

No marijuana dispensary shall be located closer than 150 from a residentially zoned district.

d.

A marijuana dispensary may have secondary operations of another type of marijuana facility within the same structure space if the secondary operations constitute 25 percent or less of both the overall floor space and revenue of the business. The marijuana dispensary shall have all required licenses pursuant to 19 CSR 100 for both the marijuana dispensary and the secondary marijuana facility operation, in addition to all required city permits and licenses.

e.

The applicant for a marijuana dispensary commercial zoning permit shall provide the following plans and documentation for city review and approval.

(1)

Site plan for the marijuana dispensary that shall include a floor plan showing where the various activities will be conducted. No marijuana products shall be visible from the exterior of the building.

(2)

All city-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction.

(3)

A plan which reasonably shows that the marijuana dispensary is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the marijuana dispensary is located.

(4)

A security plan for review and approval by the Raytown Police Department, which reasonably shows that the marijuana dispensary can be kept secure from access by unauthorized persons both during and after normal operating hours and provides adequate overnight security for product trucks parked outside the marijuana dispensary at any hour.

(5)

A parking plan that meets the required parking ratio for commercial uses as contained in Chapter 50, Article X of the Municipal Code. The parking plan shall also show loading docks and product truck circulation patterns to ensure that such deliveries do not interfere with proper parking and circulation of other vehicles on the property upon which the marijuana dispensary is located.

(6)

A hazardous waste disposal plan for any unused product or hazardous materials used as part of normal operations by a marijuana dispensary in accordance with 19 CSR 100.

(7)

All signage shall conform to the standards in Chapter 50, Article VIII of the Municipal Code and shall be reviewed and approved under a separate permit process.

(b)

As a conditional use in the Neighborhood Commercial District (NC):

a.

Marijuana dispensary applicants in the Neighborhood Commercial (NC) District shall comply with all provisions of Chapter 50, Article V, of the Municipal Code, regarding conditional use permit applications, including but not limited to the requirements of this section.

b.

A marijuana dispensary shall have the appropriate state license pursuant to 19 CSR 100. Applicant may apply for a conditional use permit upon showing that the applicant has applied for this state license, but the conditional use permit shall not be issued until such license has been obtained from the Missouri Department of Health and Senior Services.

c.

A Marijuana dispensary shall not be located closer than 1,000 feet from any other marijuana dispensary or marijuana facility.

d.

No marijuana dispensary shall be located within 1,000 feet of any elementary or secondary school, daycare, or church.

e.

No marijuana dispensary shall be located within 500 feet of a residentially zoned district.

f.

The applicant for a marijuana dispensary conditional use permit shall provide the following plans and documentation for city review and approval.

(1)

A site plan for the marijuana dispensary shall include a floor plan showing where the various activities will be conducted. No marijuana products shall be visible from the exterior of the building.

(2)

All city-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction.

(3)

A plan which reasonably shows that the marijuana dispensary is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the marijuana dispensary is located.

(4)

A security plan for review and approval by the Raytown Police Department, which reasonably shows that the marijuana dispensary can be kept secure from access by unauthorized persons both during and after normal operating hours and provides adequate overnight security for product trucks parked outside the marijuana dispensary at any hour.

(5)

A parking plan that meets the required parking ratio for commercial uses as contained in Chapter 50, Article X of the Municipal Code. The parking plan shall also show loading docks and product truck circulation patterns to ensure that such deliveries do not interfere with proper parking and circulation of other vehicles on the property.

(6)

A hazardous waste disposal plan for any unused product or hazardous materials used as part of normal operations by a marijuana dispensary in accordance with Missouri Department of Health and Senior Services guidelines.

(7)

All signage shall conform to the standards in Chapter 50, Article VIII of the Municipal Code and shall be reviewed and approved under a separate permit process.

(c)

When a conditional use permit is applied for, the conditional use permit, if approved, shall be personal to the applicant at the approved site and shall not run with the land. In addition, the conditional use permit shall be subject to the applicant's continued compliance with all applicable city ordinances and state law regarding operation of a marijuana facility. The conditional use Permit shall not be portable with the applicant and shall be reviewed annually by the community development department for compliance. in the event the applicant's state-issued license expires for any reason, the conditional use permit shall terminate immediately.

(d)

If any change occurs from the permitted use of a structure as a marijuana dispensary, a new conditional use permit shall be required in all cases. Marijuana dispensaries located in the Highway Commercial (HC) District that comply with Section 50-584(a) of the Raytown Municipal Code, regarding secondary marijuana facility activities in the same structure constituting 25 percent or less of both overall floor area and revenue, are not required to apply for a conditional use Permit.

(e)

The state licensed operator of any marijuana dispensary shall provide a copy of their state license, issued by the Missouri Department of Health and Senior Services, to the community development department annually to confirm their continuing licensed status with the State of Missouri. In the case of a marijuana dispensary that was granted a conditional use permit by the city, the state licensed operator and the applicant to whom the conditional use Permit was issued shall be the same. The city may request such documentation at any time.

(Ord. No. 5729-23, § 2(Exh. A), 7-11-2023)

(a)

A marijuana cultivation facility, marijuana testing facility, marijuana transportation facility, marijuana-infused products manufacturing facility, warehouse, and/or microbusiness wholesale facility may be located as a conditional use in the Industrial District (M), and shall comply with all provisions of Chapter 50, Article V, of the Municipal Code, regarding conditional use permit applications, including but not limited to the requirements of this section.

(b)

A marijuana cultivation facility, marijuana testing facility, marijuana transportation facility, marijuana-infused products manufacturing facility, warehouse, and/or microbusiness wholesale facility shall have the appropriate license pursuant to 19 CSR 100. Applicant may apply for a conditional use permit upon showing that the applicant has applied for a state license for each marijuana facility type applied for, but the conditional use permit shall not be issued until such license from the Missouri Department of Health and Senior Services has been obtained.

(c)

A marijuana cultivation facility, marijuana testing facility, marijuana-infused products manufacturing facility, marijuana transportation facility, or warehouse may be permitted to operate together in a single location under a single conditional use permit provided that the applicant has complied with the requirements of 19 CSR 100.

(d)

No marijuana cultivation facility, marijuana testing facility, marijuana transportation facility, marijuana-infused products manufacturing facility, warehouse, and/or microbusiness wholesale facility, shall be located within 1,000 feet of any elementary or secondary school, daycare, or church.

(e)

No marijuana cultivation facility, marijuana testing facility, marijuana transportation facility, marijuana-infused products manufacturing facility, warehouse, and/or microbusiness wholesale facility, shall be located within 500 feet of a residentially zoned district.

(f)

The applicant for a marijuana cultivation facility, marijuana testing facility, marijuana transportation facility, marijuana-infused products manufacturing facility, warehouse, and/or microbusiness wholesale facility, shall provide the following plans and documentation for city review and approval.

a.

A site plan for the operation that also includes a floor plan for any internal facilities showing where the various activities will be conducted. No marijuana products or plants shall be visible from the exterior of the marijuana facility.

b.

All city-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction related to a facility.

c.

A plan which reasonably shows that the marijuana facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the marijuana facility is located.

d.

A security plan which reasonably shows that the marijuana facility can be kept secure from access by unauthorized persons both during and after normal operating hours.

e.

A parking plan that meets the required parking ratio for industrial districts as contained in Chapter 50, Article X. of the Municipal Code.

f.

A hazardous waste disposal plan for any unused product or hazardous materials used as part of normal operations by a marijuana facility in accordance with Missouri Department of Health and Senior Services guidelines.

g.

All signage shall conform to the standards in Chapter 50, Article VIII of the Municipal Code and shall be reviewed and approved under a separate permit process.

(g)

The applicant for a marijuana cultivation facility, testing facility, marijuana transportation facility, marijuana-infused products manufacturing facility, warehouse, and/or microbusiness wholesale facility, shall comply with the International Fire Code version currently adopted by the Raytown Fire District, and acquire any operational permits as required by the fire district, and provide a copy of such permit to the city prior to issuance of the conditional use permit.

(h)

The conditional use permit, if approved, shall be personal to the applicant and shall not run with the land. In addition, the conditional use permit shall be subject to the applicant's continued compliance with all applicable city ordinances and state law regarding operation of a marijuana facility. The conditional use permit shall be reviewed annually by the community development department for compliance. In the event the applicant's state-issued license expires for any reason, the conditional use permit shall terminate immediately.

(i)

If any change occurs from the original permitted use of a structure as a marijuana facility, a new conditional use permit shall be required in all cases.

(j)

The state licensed operator of any marijuana facility shall provide a copy of their state license, issued by the Missouri Department of Health and Senior Services, to the community development department annually to confirm their continuing licensed status with the State of Missouri. The state licensed operator and the applicant to whom the conditional use permit was issued shall be the same. The city may request such documentation at any time.

(Ord. No. 5729-23, § 2(Exh. A), 7-11-2023)

(a)

Should a qualifying patient or primary caregiver decide to cultivate medical marijuana at their residence, the qualifying patient or primary caregiver shall do so in accordance with 19 CSR 100.

(b)

All residential medical marijuana cultivation by a qualifying patient or primary caregiver shall be kept in an enclosed, locked facility in accordance with 19 CSR 100.

(c)

All residential recreational or medical marijuana cultivation by a recreational consumer, qualifying patient or a primary caregiver shall be done in such a way as to prevent odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot upon which the medical marijuana plants are located.

(d)

All residential medical marijuana cultivation by a qualifying patient or primary caregiver shall be in conformance with the International Fire Code Version currently adopted by the Raytown Fire District, and acquire any operational permits as required by the fire district.

(e)

Up to two adult use marijuana consumers with valid State of Missouri-issued consumer personal cultivation identification cards may reside in a single residential dwelling for the purpose of cultivating marijuana for their own personal use in accordance with 19 CSR 100. All amounts of prepared dried marijuana cultivated on the premises exceeding three ounces shall be kept in a secure locked facility in accordance with 19 CSR 100.

(Ord. No. 5729-23, § 2(Exh. A), 7-11-2023)

No person shall dispose of marijuana or marijuana-infused products, extracts, and waste materials except in accordance with 19 CSR 100.

(Ord. No. 5729-23, § 2(Exh. A), 7-11-2023)