Fayette Medical Marijuana ordinance (§ 620.010)

A. Any term not specifically defined in this Chapter shall have the definition set forth in Article XIV of the Constitution, if any.

B. Specific Definitions. Unless the context indicates otherwise, the following terms shall have the meaning set forth herein.

ADMINISTER: The direct application of marijuana to a qualifying patient by way of any of the following methods:

a. Ingestion of capsules, teas, oils, and other marijuana-infused products:

b. Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils:

c. Application of ointments or balms:

d. Transdermal patches and suppositories:

e. Consuming marijuana-infused food products.

CHURCH: A permanent building primarily and regularly used as a place of religious worship.

COMPREHENSIVE FACILITY: A comprehensive marijuana cultivation facility, a comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY: 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.

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY: A facility licensed by the department 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 qualifying patient or primary caregiver, as those terms are defined in this Section, 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 this Chapter and as 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 this Chapter and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY: A facility licensed by the Department 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 prerolls 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 or account for its marijuana products as either non-medical marijuana or medical marijuana.

CONSTITUTION: The Constitution of the State of Missouri.

CONSUMER: A person who is at least twenty-one (21) years of age.

DAY CARE: A child-care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the state of Missouri.

DEPARTMENT: The Department of Health and Senior Services or its successor agency.

ENCLOSED, LOCKED FACILITY: An indoor stationary closet, room, garage, greenhouse, or other comparable fully enclosed space equipped with locks or other functioning security devices that permit access only to the qualifying patient(s) or primary caregiver(s) who have informed the Department that this is the space where they will cultivate marijuana; or an outdoor stationary structure:

a. That is enclosed on all sides, except at the base, by chain-link fencing, wooden slats, or similar material that is anchored, attached, or affixed to the ground and that cannot be accessed from the top;

b. In which the plants are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure at any level; and

c. 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.

FINE: When used herein shall mean a monetary fine imposed by the Municipal Court for this City.

MARIJUANA ACCESSORIES: 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.

MARIJUANA BUSINESS: Any facility licensed by the Department of Health and Senior Services under the authority granted by Article XIV of the Constitution.

MARIJUANA DISPENSARY: Either a medical marijuana dispensary or a comprehensive marijuana dispensary or a micro-business as those terms are defined in Art. XIV of the Constitution.

MARIJUANA FACILITY: Any facility regulated by the Department of Health and Senior Services under the authority of Article XIV of the Constitution, whether such facility be a medical marijuana facility, a comprehensive marijuana facility or a micro-business and including in addition any marijuana storage facility.

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 (0.3) of one percent (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 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 and shall also mean a comprehensive marijuana cultivation facility, as that term is defined in Article XIV of the Constitution.

MEDICAL MARIJUANA DISPENSARY FACILITY OR DISPENSARY: 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 another medical marijuana-infused products manufacturing facility.

PRIMARY CAREGIVER: An individual twenty-one (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 under this Section or in other written notification to the Department.

QUALIFYING PATIENT: A Missouri resident diagnosed with at least one (1) qualifying medical condition.

THEN EXISTING: Any school, child day-care center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time a business regulated under this Chapter first applies for either zoning or a building permit, whichever comes first.