A. The intent of this chapter is to ensure the health and safety of the citizens of Duncan, and all Oklahomans, and provide reasonable and orderly regulation of medical marijuana as authorized by the passage of Oklahoma State Question 788. Only the powers enumerated under this chapter shall be proper. Any power not specifically enumerated is prohibited,
1. Any person, persons, or entity violating any provisions of this article, either by doing anything which is prohibited or by failing to do anything which is commanded, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.00), plus court costs. Each separate violation of this article shall constitute a separate offense. Where a lesser fine is mandated by state law then the lesser amount of fine shall be applicable.
2. These regulations are intended to apply to all medical marijuana for personal use or any medical marijuana business permitted under the Oklahoma State Question 788. The Code is intended to provide regulations to limit the impact that medical marijuana cultivation and production will have on the health, safety, and community resources of the City of Duncan.
3. This chapter is to be construed to protect the public over medical marijuana business interests. Operation of a medical marijuana business in the City of Duncan is a revocable privilege and not a right in the city. There is no property right for an individual or business to have medical marijuana in the City of Duncan.
4. Medical marijuana is a regulated industry in the City of Duncan, and all medical marijuana business owners, operators, and employees are assumed to be fully aware of the applicable law and regulations.
5. The purpose of this chapter is to protect the public health, safety, and welfare of the residents and medical marijuana patients of the City of Duncan by prescribing the manner medical marijuana businesses are to be conducted within the City.
a. To provide for a means of cultivation, production, and distribution of medical marijuana to patients who quality to obtain, possess, and use marijuana for medical purposes under the State Question 788.
b. Protect public health and safety through reasonable limitations on business operations as they relate to noise, air and water quality, food safety, neighborhood and patient safety, security for the business and its personnel, and other health and safety concerns.
c. Impose fees to cover the cost to the city of permitting medical marijuana businesses in an amount sufficient for the City to recover its costs of the permitting program.
d. Adopt a mechanism for monitoring compliance with the provisions of this chapter.
e. Issue medical marijuana business permits only to individuals and entities that have demonstrated an intent and ability to comply with this chapter without monitoring by city officials.
6. In order to protect the public health, safety, and welfare of the residents, and the medical marijuana patients, of the City of Duncan, and to the extent permitted by law, it is the intent of the City of Duncan that Article VII of Chapter 8 of the Duncan Code of Ordinances shall have retroactive application.
7. Any ordinance now in effect that conflicts with any of the provisions of this chapter shall be held to be invalid and to no effect insofar as it shall conflict with the provisions herein contained.
8. The provisions of this chapter are hereby declared to be severable, and if any section, paragraph, sentence or clause of this article is for any reason held invalid or inoperative by any court of competent jurisdictions, such decision shall not affect any other section, paragraph, sentence or clause hereof. (Ord. 1813, 10-27-2020)