(A) Defense to criminal prosecutions. Compliance with the requirements of this subchapter shall not provide an exception, immunity, or defense to criminal prosecution under any applicable law, except in the Municipal Court, for a violation of this subchapter as specifically provided herein.
(B) Inspections. Every medical marijuana dispensary, commercial grower, and processor shall allow the local inspecting authority, and any agent of the local inspecting authority, or anyone authorized, to inspect the premises of the business pursuant to the city code, State Question 788, and any of the rules and regulations adopted pursuant thereto.
(C) Costs of inspection and cleanup. In the event the city incurs unforeseen costs in the inspection, cleanup, surrender of plants, or any other requirements to remove medical marijuana of any medical marijuana business, or any person cultivating, producing, distributing, or possessing marijuana, the business and responsible person shall reimburse the city all actual costs incurred by the city for such inspection or cleanup.
(D) Landlord duty. It shall be unlawful for the owner of a building to lease space or allow the use of any portion of the building by a commercial medical marijuana business unless the tenant has a valid commercial medical marijuana business certificate of compliance or has applied for and not been denied a commercial medical marijuana business certificate of compliance or unless no marijuana is located on the premises until a certificate of compliance has been issued by the city.
(E) Locations of medical marijuana businesses.
(1) Fixed location required.
(a) Mobile medical marijuana sales of all types are prohibited within the city. This includes but is not limited to trailers, recreational vehicles, and trucks.
(b) With the exception of a commercial grower, it shall be unlawful to operate a medical marijuana business outside of an enclosed, fixed building. All medical marijuana business certificates of compliance shall be issued for a specific fixed location within an enclosed building.
(2) Permitted use in zoning district. A certificate of compliance may be issued only if the commercial medical marijuana business obtains a certificate of compliance to operate in the zoning district where it is proposed to be located, with the consideration of the buffers (such as, 1,000-foot buffer) mentioned in this subchapter. Conditional use permits shall not be applicable for medical marijuana businesses. Commercial medical marijuana business certificates of compliance are permitted upon review in the following zoning districts:
(a) For a medical marijuana dispensary:
1. Convenience Commercial District (C-1);
2. Highway Commercial and Commercial Recreation District (C-2);
3. General Commercial District (C-3);
4. Central Business District (CBD); and
5. Health Facilities District (H-1).
(b) For a medical marijuana grower:
1. Highway Commercial and Commercial Recreation District (C-2);
2. General Commercial District (C-3);
3. General Agricultural District (A-1);
4. Light Industrial District (I-1),;
5. Medium Industrial District (I-2); and
6. Health Facilities District (H-1).
(c) For a medical marijuana manufacturer, storage, or processor:
1. General Agricultural District (A-1);
2. Light Industrial District (I-1);
3. Medium Industrial District (I-2); and
4. Health Facilities District (H-1).
(F) Commercial medical marijuana businesses prohibited in certain areas.
(1) No commercial medical marijuana business in buildings with residences (except for retail medical marijuana businesses in the Central Business District) or residential zoning districts. It shall be unlawful to operate a commercial medical marijuana business in a building which contains a residence, or within a dwelling unit within any zoning district, or within a residential zoning district, or within a mixed-use development that includes a residence, except for retail medical marijuana businesses within the Central Business District. Retail medical marijuana businesses shall be allowed within the Central Business District.
(2) No retail sales in cultivation or processing facilities without proper licenses. It shall be unlawful for any person to permit retail sales within a medical marijuana business that is a cultivation facility or processes medical marijuana, except as provided for in State Question 788 and 63 O.S. §§ 420 et seq.
(3) Separation from uses.
(a) No commercial medical marijuana certificate of compliance shall be issued for a dispensary located within 1,000 feet of any private or public school.
(b) Distances shall be measured from any entrance of the school to the nearest property line point of the medical marijuana business.
(G) Application requirements. An application for a commercial medical marijuana certificate of compliance shall be made to the city on forms provided by the Community Development Department for that purpose. The applicant shall use the application to demonstrate its compliance with this subchapter and any other applicable law, rule, or regulation. The review of applications will include, but not be limited to, the following information where applicable:
(1) The Oklahoma Medical Marijuana Authority Business License Number;
(2) Contact information for the owner or owners of the medical marijuana business in whose name the certificate of compliance is proposed to be issued;
(3) An operating plan for the proposed medical marijuana business;
(4) A plan for lighting indicating the lighting outside of the medical marijuana business for security purposes and compliance with applicable city requirements;
(5) A plan for fire separation indicating a minimum of a two-hour fire separation between a medical dispensary and any adjacent business, or a fire suppression plan for all buildings containing cultivation, production, and manufacturing;
(6) A plan for disposal of any medical marijuana or medical marijuana-infused product that is not sold to a patient or primary caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal;
(7) A plan for ventilation of the medical marijuana business that describes the ventilation systems that will be used to prevent any odor of medical marijuana off the premises of the business. For medical marijuana businesses that grow medical marijuana plants, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises. For medical marijuana businesses that produce medical marijuana-infused products, such plan shall also include all ventilation systems used to mitigate noxious gases or other fumes used or created as part of the production process as well as any closed-loop and/or explosion-proof system; and
(8) A description of all toxic, flammable, or other materials regulated by a federal, state, or local government that would have authority over the business if it was not a marijuana business, that will be used or kept at the medical marijuana business, the location of such materials, and how such materials will be stored.
(H) Fees required. Any application for a commercial medical marijuana certificate of compliance shall be accompanied by a nonrefundable application fee in an amount established by the City Council. Said fee includes the costs of providing the initial inspection. After the application review period, if the Community Development Department deems the application to be complete, the commercial medical marijuana certificate of compliance will be issued.
(Prior Code, § 111.072) (Ord. 1867A, passed 3-10-2020) Penalty, see § 111.999