Wildwood City Zoning Code
SECTION 415
615 Marijuana Cultivation - An Accessory Use In All Zoning Districts.
[Ord. No. 2868, 4-8-2024]
A.
A person is prohibited from cultivating marijuana within the City of Wildwood, Missouri, unless such person possesses a current, valid qualifying patient cultivation identification card or consumer cultivation identification card issued by DHSS (collectively referred to herein as "Identification Card"). If a person meets these criteria, such cultivation will be permitted as an accessory use to residential use, and the operation must be done in compliance with these regulations, Article XIV, Sections 1 and 2 of the Missouri Constitution, and any regulations promulgated by the State.
B.
The cultivation must take place in a facility that is enclosed, locked, and equipped with security devices, as the term "enclosed, locked facility" is defined in 19 C.S.R. 100-1.010(28), as amended (the "Cultivation Area"), all of which shall be designed to prevent access by any person other than the qualifying patient, such qualifying patient's primary caregiver, or the consumer cultivator.
C.
The DHSS issued Identification Card must be clearly displayed within the Cultivation Area and in close proximity to the marijuana plants.
D.
The Cultivation Area must have an odor control system that is at least as stringent as that which is required by State regulations, and which complies with the nuisance and property maintenance codes of the City of Wildwood.
E.
Qualifying Patient Cultivation Limits.
1.
It is unlawful for a qualifying patient authorized to cultivate marijuana to cultivate more than (6) flowering marijuana plants, more than six (6) non-flowering marijuana plants [over fourteen (14) inches tall], or more than six (6) clones [plants under fourteen (14) inches tall] in a single, enclosed locked facility. This provision shall not prohibit cultivating the maximum number of plants allowed in each category at the same time.
2.
Two (2) qualifying patients, who both hold valid Identification Cards, are authorized to share one (1) enclosed, locked facility. In this case, it is unlawful to cultivate more than twelve (12) flowering marijuana plants, more than twelve (12) non-flowering plants, or more than twelve (12) clones in a single, enclosed locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a patient cultivation identification card for a third qualifying patient, in which case that primary caregiver is authorized to cultivate six (6) additional flowering marijuana plants, six (6) additional non-flowering marijuana plants, and six (6) additional clones for a total of eighteen (18) flowering marijuana plants, eighteen (18) non-flowering marijuana plants, and eighteen (18) clones in a single, enclosed locked facility. This provision shall not prohibit cultivating the maximum number of plants allowed in each category at the same time.
3.
All cultivated flowering marijuana plants in possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient's name. All qualifying patient cultivation must take place inside a private residence.
4.
All qualifying patient marijuana cultivation must immediately cease upon the expiration, suspension, or revocation of the DHSS-issued qualifying patient identification card.
5.
Nothing herein shall convey or establish a right to cultivate marijuana in a facility or premises that a State or Federal law, or private contract, would otherwise prohibit.
F.
Consumer Cultivation Limits.
1.
All consumer cultivation must take place inside a private residence.
2.
It is unlawful to cultivate more than twelve (12) flowering marijuana plants, more than twelve (12) non-flowering marijuana plants [over fourteen (14) inches tall], or more than twelve (12) clones [under fourteen (14) inches tall] at a single private residence, regardless of the number of consumer cultivators who live at that private residence. This provision shall not prohibit cultivating the maximum number of plants allowed in each category at the same time.
3.
Plants and marijuana produced by the plans in excess of three (3) ounces must be kept at the private residence in an enclosed, locked facility.
4.
All cultivated flowering marijuana plants in the possession of a consumer cultivator shall be clearly labeled with the consumer's name.
5.
All consumer cultivation must cease immediately upon the expiration, suspension, or revocation of the DHSS-issued consumer cultivation identification card.
G.
Any terms used in this Section but not defined herein or elsewhere in the Municipal Code shall have the meaning provided in the applicable State regulations, as amended.