Salisbury City Zoning Code
ARTICLE XVII
Medical Marijuana Facilities
Section 405.990 Purpose.
[Ord. No. 19-08-01, 8-1-2019]
The purpose and intent of this Article is to regulate the location, establishment, and operation, of all medical marijuana facilities within the City of Salisbury, Missouri, to ensure the safety, health, and general welfare of its citizens. Recognizing that medical marijuana is a unique land use with the potential for consequences not otherwise provided for in this Chapter 405, the additional regulations in this Article are intended to provide reasonable restrictions and/ or requirements on such use so as to ensure that such use does not compromise the safety, health, and general welfare of its citizens, and/ or other uses permitted within the zoning areas allowing for medical marijuana facilities of any sort. Nothing in this article shall be interpreted so as to conflict with State or Federal law, nor shall this article be construed to effect in any way the use, certification, or prescription of medical marijuana within the City of Salisbury.
Section 405.1000 Definitions.
[Ord. No. 19-08-01, 8-1-2019]
The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
MARIJUANA or MARIHUANA
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 (3/10 of 1%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
MARIJUANA-INFUSED PRODUCTS
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.
MEDICAL MARIJUANA FACILITY
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, and shall include the following:
a.
Medical marijuana cultivation facility;
b.
Medical marijuana dispensary;
c.
Medical marijuana-infused products manufacturing facility;
d.
Medical marijuana testing.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the department to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the department 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.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the department to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.
Section 405.1010 Site Requirements.
[Ord. No. 19-08-01, 8-1-2019]
A.
All medical marijuana facilities shall comply with the following site requirements:
1.
The medical marijuana facility shall comply with all requirements of the Missouri Constitution, Statutes of the State of Missouri, and/or regulations promulgated by the Missouri Department of Health and Senior Services applicable to medical marijuana facilities. To the extent that any of the following requirements should be contradictory to any of the aforementioned laws of the State of Missouri, then the contradictory Section herein shall be considered severed and State law shall control.
2.
The medical marijuana facility shall at all times be monitored by closed-circuit television, the recordings of which are stored in at least one (1) location off-site (i.e., a cloud server) for security purposes. The recording system must be of adequate quality, color, and resolution to allow the ready identification of any individual committing a crime within the facility or on the property surrounding the facility. The recordings shall be maintained for not less than ninety (90) days and shall be made available to law enforcement upon request.
3.
The medical marijuana facility shall have a fireproof safe or vault that is incorporated into the building and for the purpose of storing any cash and/or processed marijuana.
4.
The medical marijuana facility shall have a centrally monitored fire and burglar alarm system.
5.
The medical marijuana facility shall not use any equipment or process that creates noise, dust, vibration, glare, fumes, odors, or electrical interference detectable to the normal human senses beyond the boundaries of the property on which the facility sets.
6.
No person or medical marijuana facility shall dispose of marijuana or marijuana-infused products in an unsecured waste receptacle not in the possession and control of the facility.
7.
All medical marijuana cultivation facilities and/or marijuana infused product manufacturing facilities shall have an odor mitigation system that renders undetectable, to human senses, any odor of marijuana emanating from the facility.
8.
Except for medical marijuana dispensaries, no medical marijuana facility shall have exterior signage indicating that a medical marijuana facility is present within the structure.
9.
No medical marijuana facility shall allow the use or consumption of medical marijuana or marijuana-infused products within the facility or on the premises of the facility.
10.
Any and all cultivation, production, testing, display, distribution, sale, or storage of medical marijuana or marijuana-infused products shall be permitted only inside a medical marijuana facility, out of the view of the general public.
11.
No medical marijuana facility shall be required to be a prescribed distance from any existing elementary or secondary school, daycare, or church.
