(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
MARIJUANA. All parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. MARIJUANA does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.
MEDICAL MARIJUANA DISPENSARY. A business legally allowed to sell medical marijuana and medical marijuana products, including mature plants and seedlings. Licensed dispensaries can only sell to patient license holders, caregiver license holders, research license holders, and the parent or legal guardian named on a minor patient's license. Licensed dispensaries must be in compliance with Title 63 O.S. §§ 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
MEDICAL MARIJUANA ESTABLISHMENT. The establishments listed in this section, and including medical marijuana businesses, as defined by applicable state law and regulation.
MEDICAL MARIJUANA EDUCATION FACILITY. An entity issued a license by the state pursuant to 63 O.S. §§ 420 et seq. to possess or cultivate marijuana for limited education purposes as defined by the State in 63 O.S. §§ 420 et seq.
MEDICAL MARIJUANA GROWING FACILITY. An individual or entity that has been issued a license by the state to grow, harvest, dry, cure, package, sell, transfer, and transport or contract with a licensed transporter for the transport of medical
marijuana in accordance with state law to a dispensary, processor, grower, research facility, education facility or testing laboratory.
MEDICAL MARIJUANA PROCESSOR. An individual or entity that has been issued a license by the state to purchase marijuana from a grower or processor; to process, package, and sell, transfer, transport or contract with a licensed transporter to transport marijuana to a licensed dispensary, processor, or testing laboratory in accordance with state law; and process medical marijuana received from a licensed patient into a medical marijuana concentrate, for a fee.
MEDICAL MARIJUANA RESEARCHER. An entity or individual issued a license by the state pursuant to Subchapter 4 of OAC 310:681 and 63 O.S. §§ 420 et seq. to grow, cultivate, possess and transfer, by sale or donation, marijuana for limited research purposes as defined by the state in 63 O.S. §§ 420 et seq.
MEDICAL MARIJUANA TRANSPORTER. An individual or entity that has been issued a transporter license pursuant to state law. A transporter may temporarily store marijuana to transport from or to a centralized distribution point to a state licensed medical marijuana retailer, licensed growing facility, or licensed processing facility. A medical marijuana transporter may store and distribute marijuana from the licensed premises. The licensed premises shall meet all security requirements applicable to a medical marijuana establishment. All marijuana shall be transported in a locked container and clearly labeled "Medical Marijuana or Derivative."
(B) Medical marijuana establishments.
(1) All operators of a medical marijuana establishment are required to obtain a permit from the Municipal Clerk.
(2) A permit will not be granted to any applicants where the proposed location is in the Central Business District or in a location that has a property line adjacent to 39th Street Expressway between Donald Avenue and Council Road.
(3) A retail medical marijuana dispensary may be in Commercial General, Industrial or Agricultural zoning.
(4) A medical marijuana educational facility may be in Commercial General, Industrial or Agricultural zoning.
(5) All other medical marijuana establishments will be zoned in Industrial Light or Industrial Heavy.
(6) A permit will not be granted to any applicants where the proposed location would be located within 1,000 feet of any private or public school.
(7) For the distance requirements outlined in this section, the distances described shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described is located to the nearest property line of the building or unit in which the proposed retail marijuana establishment would be located.
(8) All buildings of a medical marijuana establishment where marijuana is present must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
(9) Storage of marijuana at any medical marijuana dispensary shall be limited to inventory that is for immediate sale.
(C) Medical marijuana facilities for personal medical use; security.
(1) Medical marijuana grown by medical marijuana patient license holders may only be grown:
(a) On real property owned by the patient license holder; or
(b) On real property for which the patient license holder has the property owner's written permission to grow marijuana on the property.
(2) Patients growing marijuana must do it in a way that a member of the general public cannot access it.
(3) Plants cannot be visible from any street next to the property. VISIBLE means viewable by a normal person with 20/20 eyesight without the use of any device to assist in improving viewing distance or vantage point.
(4) Growing marijuana for personal medical use shall be limited to six mature marijuana plants and six seedling plants.
(5) No one may operate extraction equipment or an extraction process using butane, propane, carbon dioxide or any potentially hazardous material in a residential property.
(6) Growing marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing 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.
(7) The primary use of the residential property in which marijuana is grown shall remain at all times a residence, with legal and functioning cooking, eating, sleeping and sanitation/bathing facilities with proper ingress and egress. No room shall be used for growing marijuana where such cultivation will impair or prevent the primary uses of cooking, eating, sleeping or sanitation/bathing.
(D) Immunity. The issuance of a permit pursuant to this section does not create an exception, defense, or immunity to any person or entity in regard to any potential criminal liability the person or entity may have relating to the production, distribution, or possession of marijuana in violation of municipal, state or federal law.
(E) Permit required for each location. No person or entity shall operate a medical marijuana establishment without having previously obtained a permit as provided in this section. A license shall be required for each separate location or premises.
(F) Permit non-transferrable. Any permit issued pursuant to this section is non-transferable to another person, entity, location or premises, or marijuana establishment.
(G) Inspection.
(1) All city permits outlined in this section will be subject to inspection by an authorized municipal employee prior to issuance for commercial operations.
(2) The inspection prior to a permit decision will occur at a time scheduled and approved by both the applicant and the municipal inspector.
(3) The applicant will be required to be present during the inspection.
(4) The applicant will have 30 days to come into compliance with any outstanding deficiencies found during the initial inspection.
(5) If any outstanding deficiency is not corrected upon reinspection, the permit authorizing operation of the medical marijuana establishment will be denied.
(H) Smell or noxious odor. The smell or noxious odor emitted from smoking or consumption of marijuana by a person possessing a valid state issued medical marijuana license shall be treated as a public nuisance.
(I) Fees. All fees shall be subject to increase as determined by the City Council upon determination that the costs of licensing, inspection, administration, and enforcement of the section have increased.
(1) Retail medical marijuana dispensary permit fee shall be $750 per year. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration, and enforcement of retail marijuana dispensaries.
(2) Medical marijuana processor permit fee shall be $750 per year for the fee and a business license must be acquired from the Municipal Clerk.
(3) Medical marijuana grower permit fee will be $750 per year for the fee and a business license must be acquired from the Municipal Clerk.
(4) Medical marijuana research facilities permit fee will be $250 per year for the fee and a business license must be acquired from the Municipal Clerk.
(5) Medical marijuana educational facilities permit fee will be $250 per year for the fee and a business license must be acquired from the Municipal Clerk.
(6) There will be a $50 reinspection fee assessed for every additional inspection required after the initial inspection for non-compliance issues.
(J) Nonconforming uses and termination of nonconforming uses. Nonconforming uses may be continued in compliance and defined by § 158.042. Additionally, a nonconforming use will terminate 60 days after the revocation of any municipal permit issued pursuant to this section or any state license issued pursuant to 63 O.S. §§ 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681 et seq.
(K) Any violations of this chapter will result in the revocation of the medical marijuana establishment permit. It is the intent of the city that nothing in this section be construed to:
(1) Allow persons to engage in conduct that endangers or causes a public nuisance;
(2) Allow the use of marijuana for non-medical purposes; or
(3) Allow any activity that is otherwise illegal and not permitted by state law.
(Ord. 1993, passed 9-1-20)