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HomeMy Public PortalAboutORD15985BILL NO. 2019-071 SUBSTITUTE #2 SPONSORED BY Councilman Graham ORDINANCE NO. 15165 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 18, MISCELLANEOUS PROVISIONS AND OFFENSES RELATED TO CONTROLLED SUBSTANCES. WHEREAS, on November 6, 2018, the voters of the State of Missouri approved Amendment 2 to the Constitution of the State of Missouri which legalizes medical marijuana within the State; and WHEREAS, the Department of Health and Senior Services, serving as the administrator of the medical marijuana program, has developed regulations allowing for the legal use of marijuana, an otherwise federally illegal activity; and WHEREAS, the City Council believes it is necessary to add provisions to its City Code of Ordinances to allow for the legal use of medical marijuana in accordance with state regulations. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 18 (Miscellaneous Provisions and Offenses) is hereby amended by amending Sections 18-280 through 18-282 and adding Sections 18-283 through 18-284, to read as follows: Sec. 18-280. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed them by this section: The terms `Administer,' `Marijuana,' `Marijuana infused products,' `Medical marijuana cultivation facility,' `Medical marijuana dispensary facility,' `Medical marijuana -infused products manufacturing facility,' `Medical marijuana testing facility,' `Medical use,' `Primary caregiver' and `Qualifying patient,' shall have the definition set forth in Article XVI Section 1 of the Missouri Constitution. Controlled substance. Any drug or substance included in section 195.005 through and including section 195.425, RSMo. Drug paraphernalia. All equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation Editor's note: Deleted language shown thus. Added language shown thus. controlled substance in violation of sections 195.005 to 195.425, RSMo. Identification card. A document, whether in paper or electronic format, issued by the Missouri Department of Health and Senior Services, or its successor agency, that authorizes a qualifying patient, primary caregiver, or employee or contractor of a licensed medical marijuana facility to access medical marijuana as provided by law. `Identification card' shall also include similar cards issued by another state, but only to the extent required under state or federal law. Medical marijuana facility. Either a `Medical marijuana cultivation facility,' `Medical marijuana dispensary facility,' `Medical marijuana -infused products manufacturing facility,' or a `Medical marijuana testing facility,' as defined in Article XVI Section 1 of the Missouri Constitution, or a `medical marijuana transportation facility' as defined in Chapter 35, the Zoning Code. Public place. Any public or private property, or portion of public or private property, that is open to the general public, including, but not limited to, sidewalks, streets, bridges, parks, schools, and businesses. However, for purposes of designating a nonpublic place within a public place, the owner or entity with control of any such property may, but is not required to, provide one (1) or more enclosed, private spaces where one (1) qualifying patient and, if required by the owner or entity with control of any such property, a representative of such owner or entity, may congregate for the qualifying patient to consume medical marijuana. The qualifying patient may be accompanied by the family of the qualifying patient, the qualifying patient's primary caregiver, and/or the qualifying patient's physician. The owner or entity with control of any such property may provide such a space by individual request or designate such a space for ongoing use and may limit use of medical marijuana in that space to uses that do not produce smoke. Any such permission shall be given in writing and provided to the qualifying patient or publicly posted prior to a qualifying patient's use of medical marijuana in that space. Nothing herein shall allow conduct in violation of Chapter 15, Article IH, the Jefferson City Clean Indoor Air Ordinance. Sec. 18-281. Possession of marijuana; penalty. A. It is unlawful for any person to possess any amount thirty five (35) grams or less of marijuana except as authorized by Sec. 18-283. B. Any person violating any provision of this section, upon conviction, shall be fined not less than one hundred dollars ($100.00) no more than five hundred dollars ($500.00), or shall be imprisoned for three (3) months, or shall be both fined and sentenced. Sec. 18-282. Unlawful use of Drug Paraphernalia; penalty. A. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance in violation of sections 195.005 to 195.425, RSMo, except as authorized by Sec. 18-283. B. Any person violating any provision of this section, upon conviction, shall be fined not less than one hundred dollars ($100.00) no more than five hundred dollars ($500.00), or shall be imprisoned for three (3) months, or shall be both fined and sentenced. Sec. 18-283. Medical Marijuana. A. Possession of medical marijuana. a. A qualified patient in possession of a valid qualified patient identification card shall Editor's note: Deleted language shown thus. Added language shown thus. be allowed to possess marijuana in any amount allowed by state law. b. A primary caregiver of a qualified patient shall be allowed to possess any amount of marijuana allowed by state law when transporting marijuana to a qualified patient(s) or when accompanying a qualified patient(s). c. An owner or an employee of a medical marijuana facility shall be allowed to possess any amount of marijuana allowed by state law within the enclosed building licensed as such, or when delivering directly to the residence of a qualified patient, the residence of a primary caregiver of a qualified patient, or another medical marijuana facility. i. The term `directly' shall mean the shortest possible practicable route from the medical marijuana facility to the permitted destination or destinations, without any voluntary detours or additional stops. B. Possession of drug paraphernalia related to medical marijuana. a. A qualified patient in possession of a valid qualified patient identification card shall be allowed to possess drug paraphernalia for the purposes of administering marijuana. b. A qualified patient or a primary caregiver of a qualified patient with a valid medical marijuana cultivation card shall be allowed to possess drug paraphernalia for the purposes of cultivating marijuana. C. Failure to produce medical marijuana identification card. a. Any person who in possession of medical marijuana shall, immediately upon the request of any law enforcement officer, produce a valid identification card which allows such possession. Any person who fails to immediately produce such an identification card upon request shall be guilty of the offense of failure to produce a medical marijuana identification card. b. It shall be illegal for any person to possess a fraudulent or altered medical marijuana identification card. D. Disposal of medical marijuana. a. No person shall dispose of marijuana or marijuana-Infused products in an unsecured waste receptacle not in possession and control of a qualifying patient, primary caregiver, or licensed medical marijuana facility and designed to prohibit unauthorized access. E. Residential cultivation. a. To the extent allowed by State law, marijuana for medicinal purposes may be cultivated in a residential structure, provided: i. The structure is the primary residence of a primary caregiver or qualifying patient and the marijuana is grown solely for the use of the qualifying patient who resides there or who is under the care of the primary caretaker. ii. The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation are not allowed out of the building, or if the residence is in a multifamily building, that such fumes and vapors are not allowed into any other residence. iii. The cultivation must comply with the security and other requirements of state law and the rules of the Department of Health and Senior Services. iv. The resident has notified the City Clerk, including providing proof of eligibility, on a form provided by the City Clerk, so that law enforcement and code officials will be aware that the cultivation is lawfully taking place. F. Residential and nonpublic consumption. Qualifying patients may administer medical marijuana in their private residence, or in the residence of another with permission, or any nonpublic place described in § 18-230, but may not administer marijuana in such a manner that marijuana smoke or odor exits the residence or nonpublic place. In a multifamily or Editor's note: Deleted language shown thus. Added language shown thus. similar dwelling, medical marijuana may not be administered in any common area. G. Public Places. No person shall administer medical marijuana in a public place. H. Public Nuisances. a. The smell or noxious odor emitted from smoking, consumption, or cultivation of marijuana by a person possessing a valid state -issued license shall be treated as a public nuisance. Any odors emitted from cultivating or consuming marijuana shall be treated as a public nuisance. b. It shall be unlawful for any person or entity to cultivate marijuana in such a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if cultivating marijuana produces light, glare, heat, noise, odor, or vibration that is detrimental to public health, safety, or welfare, or interferes with the reasonable enjoyment of life and property. Sec. 18-284. Transportation of Medical Marijuana. 1. Medical marijuana shall not be carried in public except: a. In the original unopened package if purchased from a licensed dispensary, or b. In an unopened container with the original packaging, if purchased from a licensed dispensary, or c. In a sealed container with the name of the cultivator if produced by home cultivation. 2. No medical marijuana shall be transported in the passenger compartment of any vehicle within reach of the driver or any passenger unless the medical marijuana is: a. in an unopened package from a licensed dispensary; or b. in a locked compartment. 3. Subsections 1 and 2 of this section shall not apply to the transportation of medical marijuana by a licensed medical marijuana transportation facility or its employees in the course of their duties. Section 2. Should any section, sentence, or clause of this Ordinance be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining sections, sentences, or clauses. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: &-..te , of 1 Presiding Officer Approved: J - 3, / 9 f (11-1A1 Carrie Tergin, Mayor ATTEST: APPROVED AS TO FORM: Ci 'Clerk City, unselor Editor's note: Deleted language shown thug. Added language shown thus.