The purpose and intent of this Chapter is to regulate the location, establishment and operation of all medical marijuana facilities, marijuana facilities, and marijuana related uses in order to ensure the health, safety and general welfare of the residents of the City of St. Louis. These are unique and related land uses with ramifications not addressed by more traditional zoning district regulations. Additional regulations in this section are intended to provide reasonable restrictions within districts so that these uses do not compromise the health, safety and general welfare of persons in the district, or other uses allowed in each district. The regulations in this chapter do not address a patient's, or a consumer's, right to use marijuana as authorized under State Law; nor do they criminalize the possession or cultivation of marijuana by specifically defined classifications of persons, as authorized under State Law; nor do they regulate or govern residential cultivation, as authorized by State Law, for a consumer or for a qualifying patient who uses medical marijuana for medicinal purposes. Nothing in this Chapter purports to permit activities that are otherwise illegal under state or local law. Under state law, only qualifying patients, primary caregivers, and persons at least twenty-one (21) years of age, with state-issued identification cards may possess or cultivate marijuana unless the marijuana is cultivated or possessed by a state-licensed marijuana facility as defined below. all facilities defined herein shall comply with all local and state laws.

(Ord. No. 71633, § 1, 2-16-2023; Ord. No. 70982, § 2, 6-25-2019.)

A.

Comprehensive Facility. "Comprehensive Facility" means a Comprehensive Marijuana Cultivation Facility, Comprehensive Marijuana Dispensary Facility, or a Comprehensive Marijuana-Infused Products Manufacturing Facility.

B.

Comprehensive Marijuana Cultivation Facility. "Comprehensive Marijuana Cultivation Facility" means a 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.

C.

Comprehensive Marijuana Dispensary Facility. "Comprehensive Marijuana Dispensary Facility" means a facility licensed by the Missouri Department of Health and Senior Services to acquire, process, package, store on site or off site, sell, transport to or form, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (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 Article XIV of the Missouri 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 the Missouri Constitution and 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 Article XIV of the Missouri Constitution and provided for by general or local law. A Comprehensive Marijuana Dispensary Facility's authority to process marijuana shall include the creation of Prerolls.

D.

Comprehensive Marijuana-Infused Products Manufacturing Facility. "Comprehensive Marijuana-Infused Products Manufacturing Facility" means a facility licensed by the Department of Health and Senior Services 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 products 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 to account for its marijuana products as either non-medical or medical marijuana.

E.

Consumer. "Consumer" means a person who is at least twenty-one (21) years of age.

F.

Marijuana or Marihuana. "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 plant-infused products. "Marijuana" or "Marihuana" do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one (0.3) percent on a dry weight basis, or commodities or products manufactured from industrial hemp.

G.

Marijuana Accessories. "Marijuana Accessories" means 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.

H.

Marijuana Facility. "Marijuana Facility" means a Comprehensive Marijuana Cultivation Facility, Comprehensive Marijuana Dispensary Facility, Marijuana Testing Facility, Comprehensive Marijuana-Infused Products Manufacturing Facility, Microbusiness Wholesale Facility, Microbusiness Dispensary Facility, or any other type of marijuana-related facility or business licensed or certified by the Missouri Department of Health and Senior Services pursuant to the Missouri Constitution, but shall not include a medical facility licensed under Section 1 of Article XIV of the Missouri Constitution.

I.

Marijuana-Infused Products. "Marijuana-Infused Products" means products that are infused, dipped, coated sprayed or mixed with marijuana or an extract thereof, including but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories and infused Prerolls.

J.

Marijuana Microbusiness Facility. "Marijuana Microbusiness Facility" means a facility licensed by the Department of Health and Senior Services as a Microbusiness Dispensary Facility or Microbusiness Wholesale Facility, as defined herein.

K.

Medical Marijuana Cultivation Facility. "Medical 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 Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-Infused Products Manufacturing Facility.

L.

Medical Marijuana Dispensary Facility. "Medical 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 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.

M.

Medical Marijuana Facility. "Medical Marijuana Facility" means any facility that is regulated by the State of Missouri to acquire, certify, cultivate, deliver, dispense, manufacture, process, sell, store, test, transport or warehouse medical marijuana including a Medical Marijuana Cultivation Facility, a Medical Marijuana Dispensary Facility, a Medical Marijuana-Infused Product Manufacturing Facility, and a Medical Marijuana Testing Facility.

N.

Medical Marijuana-Infused Products Manufacturing Facility. "Medical Marijuana-Infused Products Manufacturing Facility" means any facility that is regulated by the State of Missouri to acquire, certify, deliver, dispense, manufacture, process, sell, store, test, transport, or warehouse medical marijuana including a Medical Marijuana-Infused Product Manufacturing Facility and a Medical Marijuana Testing Facility.

O.

Marijuana Testing Facility. "Marijuana Testing Facility" means a facility that is certified by the Missouri Department of Health and Senior Services to acquire, test, certify and transport marijuana, including those originally certified as a Medical Marijuana Testing Facility.

P.

Medical Marijuana Use. "Medical Marijuana Use" means the production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia used to administer marijuana or a marijuana-infused product, for the benefit of a Qualifying Patient, as defined under the regulations of the Missouri Department of Health and Senior Services, to mitigate the symptoms or effects of the patient's qualifying medical condition.

Q.

Microbusiness Dispensary Facility. "Microbusiness Dispensary Facility" means a facility licensed by the Missouri Department of Health and Senior Services 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, or Primary Caregiver, as defined in Article XIV of the Missouri Constitution and as defined herein, 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 Article XIV of the Missouri Constitution 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.

R.

Microbusiness Wholesale Facility. "Microbusiness Wholesale Facility" means a facility licensed by the Department of Health and Senior Services 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 250 flowering marihuana plants at any given time. A Microbusiness Wholesale Facility's authority to process marijuana shall include the creation of Prerolls and infused Prerolls.

S.

Preroll. "Preroll" means a consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper and (2) dried flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.

(Ord. No. 71633, § 1, 2-16-2023; Ord. No. 70982, § 2, 6-25-2019.)

The following Use Table lists how Marijuana Facilities are regulated in the various zoning districts. Within the table, the user can identify the type of Marijuana Facility and how the facility is regulated under each zone-thus identifying whether the use is Permitted (P), whether it requires a Conditional Use Permit (C), or whether it is prohibited (NA).

(Ord. No. 71897, § 2, 10-11-2024; Ord. No. 71633, § 1, 2-16-2023; Ord. No. 70982, § 2, 6-25-2019.)

A.

All Medical Marijuana and Marijuana Facilities shall comply with the following site requirements:

1.

The facility shall comply with all regulations issued by the Missouri Department of Health and Senior Services for Marijuana Facilities. If the State's requirement is more restrictive than the City's requirement, then the more restrictive requirement applies.

2.

The facility shall be monitored at all times by an Internet-based closed-circuit television for security purposes. The camera and recording system shall be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the facility. The recordings shall be maintained for a period of not less than ninety (90) days and shall be made available to law enforcement authorities upon request.

3.

The facility shall have a fireproof vault or safe that is incorporated into and securely attached to the building structure for the purpose of securely storing cash and any processed marijuana.

4.

The facility shall have a centrally monitored fire and burglar alarm system.

5.

The exterior building lighting and parking area of the facility, if any, shall be equipped with lighting fixtures of sufficient intensity to illuminate all interior areas of the lot with an illumination of not less than one and one-half (1.5) foot-candles evenly distributed as measured at floor level. These light fixtures shall be turned on from dusk to dawn.

6.

The facility shall not use any equipment or process that creates noise, dust, vibrations, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary.

7.

No person or facility shall dispose of Marijuana or Marijuana-Infused Products in an unsecured waste receptacle not in possession and control of the licensee and designed to prohibit unauthorized access.

8.

The facility, except for a Comprehensive Marijuana Dispensary or a Medical Marijuana Dispensary or a Marijuana Testing Facility, shall have an odor mitigation system that uses activated carbon filters, and ozone generator, UV light exposure, UV-C air disinfection or other similar odor mitigation technology.

9.

All facilities, except a Medical Marijuana Dispensary or Comprehensive Marijuana Dispensary, shall have an armed security guard on the premises at all times.

10.

The facility shall display its state issued license on the interior of the facility, visible to the public, at all times.

11.

The facility shall not allow on-site consumption of marijuana or marijuana-infused products on the premises at any given time.

12.

The facility shall not have a sign unless it is a Medical Marijuana Dispensary or a Comprehensive Marijuana Dispensary.

13.

At the facility, any and all cultivation, processing, storage, display, sales or other distribution of marijuana shall occur within an enclosed building and shall not be visible from the exterior of the building.

B.

Medical marijuana dispensary facilities and comprehensive marijuana dispensary facilities shall comply with the following additional site requirements:

1.

The facility shall be located and operated from a permanent and fixed structure and may not be located in a trailer, cargo container or motor vehicle and the structure shall not be mobile or operate from a transitory location.

2.

The facility shall be allowed to sell to a qualifying patient, or primary caregiver, or consumer, as defined by Missouri law, devices contrivances, instruments and paraphernalia for inhaling or otherwise consuming marijuana including, but not limited to, rolling papers, and related tools, water pipes, and vaporizers.

3.

The facility shall display a sign on the interior of the facility indicating that (1) a patient identification card or primary caregiver identification card, issued from the Missouri Department of Health and Senior Services, is required and must be presented to purchase medical marijuana and medical marijuana infused products and (2) photo identification showing a consumer is at least twenty-one (21) years of age is required and must be presented to purchase marijuana and marijuana-infused products.

4.

The facility shall not allow customers who are in cars to consume the sold products in cars parked on the facility.

5.

The facility's hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. Sunday through Saturday.

6.

The facility shall not erect or use any freestanding signage and shall not have any temporary signage. All signs shall have appropriate permits prior to installation.

7.

The facility shall only be allowed wall signs and no signs shall extend above the roof of the building or extend more than fifteen (15) feet in height above grade. The provisions of Chapter 26.68 shall determine the total square footage of all signs attached to the building.

8.

The windows and doors of the facility shall not be covered by boards, mesh, grates, materials or coverings of any kind, except proper blinds and curtains.

9.

The facility shall not have cord or rope type LED lighting surrounding or framing its windows or doors.

C.

No Spacing Requirements. No Medical Marijuana Facility or Marijuana Facility shall be required to be a prescribed distance between an existing elementary or secondary school, a daycare or church.

(Ord. No. 71897, § 3, 10-11-2024; Ord. No. 71633, § 1, 2-16-2023; Ord. No. 70982, § 2, 6-25-2019.)