Hallsville Medical Marijuana ordinance (§ 400.605)

A. Definitions. The following words shall have the meanings set forth below, unless the context clearly dictates otherwise, or unless contradicted by a definition provided by State Statute or the Missouri Constitution, Article XVI:

CHURCH: Includes churches, synagogues, temples or other places of worship.

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 seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana 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.

MEDICAL MARIJUANA CULTIVATION FACILITY: A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.

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-INFUSED PRODUCTS MANUFACTURING FACILITY: A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana test facility, or to another medical marijuana-infused projects manufacturing facility.

MEDICAL MARIJUANA DISPENSARY FACILITY: A facility licensed by the State of Missouri 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 projects manufacturing facility.

MEDICAL MARIJUANA FACILITY: A medical marijuana dispensary, medical marijuana cultivation facility, medical marijuana testing facility, and medical marijuana-infused products manufacturing facility.

MEDICAL MARIJUANA TESTING FACILITY: A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.

B. Interpretation.

1. The distance limitations in this Section, when referring to distances between facilities or uses, shall be measured in a straight line from the lot lines of property.

C. Medical Marijuana Facilities.

1. Dispensary.

2. Cultivation Facility.

3. Infused Products Manufacturing Facility.

4. Testing Facility.

D. Requirements For Medical Marijuana Facilities.

1. May be located as a conditional use in I-1 Districts. Approval shall only be made upon satisfactory compliance with the provisions of this Section.

2. Medical marijuana facilities must have the appropriate license from the Missouri Department of Health and Senior Services. Applicant may apply for a conditional use permit upon showing that the applicant has applied for such a license, but the conditional use permit will not be issued until such license has been obtained.

E. Standards For Medical Marijuana Facilities.

1. Buffer Requirements.

a. No facility may be located closer than one thousand (1,000) feet from any other medical marijuana facility except when marijuana sales represents less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy.

b. No facility may be located within one thousand (1,000) feet of any local, State, or Federal building, childcare, church or educational facility.

2. Outdoor Operations Or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

3. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana facility.

4. Hours Of Operation. All medical marijuana facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m.

5. Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.

6. Residential Dwelling Units Prohibited. No medical marijuana facility shall be located in a building that contains a residence.

7. Ventilation Required. All medical marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

8. A Conditional Use Permit To Locate A Medical Marijuana Facility.

a. Shall be personal to the applicant and shall not run with the land.

b. Shall be subject to the applicant's continued compliance with all applicable City ordinances regarding operation of a medical marijuana facility.

9. Together with any other documents required for a conditional use permit, an applicant shall provide a plan which reasonably shows that the 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 parcel on which the facility is located.

F. Signage. In addition to sign regulations located in the City of Hallsville's sign code, the following shall apply to signage for medical marijuana facilities:

1. Facilities shall not use signage or advertising with the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols.

2. Facilities shall not advertise in a manner that is inconsistent with the medicinal use of medical marijuana or use advertisements that promote medical marijuana for recreational or any use other than for medicinal purposes.