(A) Certificate of compliance not required for state-authorized personal medical use or growing facilities for personal medical marijuana use.
(1) No certificate of compliance or other city registration shall be required of any person(s) establishing a medical marijuana growing facility for state-authorized personal medical use or for the state-authorized medical use of a dependent or beneficiary.
(2) It shall be unlawful for a person to grow marijuana for personal medical use within the corporate limits of the city, without first obtaining appropriate license(s) from the state, per 63 O.S. § 421A and State Question 788.
(B) Location and security.
(1) Any significant building improvement and/or renovation at a marijuana growing facility for personal medical use shall necessitate contact with the Community Development Department to determine appropriate need for building permit(s) and/or inspection(s), per applicable codes adopted by the City Council. Said building permits and inspections from the Community Development Department are applicable to any and all properties in the city, no matter the property/land use, when significant improvements or renovations occur.
(2) While no certificate of compliance is required for marijuana growing facilities for personal medical use, the city adopts the following for said facilities.
(a) All homegrown medical marijuana plants shall be grown so that the marijuana is not accessible to a member of the general public and is only accessible to the patient or caregiver. If grown outdoors, it must be grown behind a sight-proof fence that is at least six feet in height. The marijuana plants must be completely enclosed by the fence and the fence must be secured with a proper lock and key.
(b) Growing marijuana shall not be visible from the public right-of-way.
(c) The growing area including any lighting, plumbing, or electrical components used shall comply with municipal building and fire codes. The growing area must be properly ventilated so as not to create humidity, mold, or other related problems. Lighting and any use of generators and gas products (CO2, butane, and the like) in the growing area shall be properly controlled.
(d) 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.
(e) The primary use of the residential property in which marijuana is grown for personal use shall remain at all times a residence, with legal and functioning cooking, eating, sleeping, sanitation/ bathing facilities, working water, and electric services, with proper ingress and egress. No room shall be used for growing marijuana where such cultivation will impair or prevent the life, safety, and general welfare of the residents.
(C) Exemption from certificate of compliance does not provide any exception, defense, or immunity from other laws. Any exemption from any certificate of compliance pursuant to this subchapter does not create an exception, defense, or immunity to any person in regard to any potential criminal liability the person may have for the production, distribution, or possession of marijuana.
(Prior Code, § 111.074) (Ord. 1867A, passed 3-10-2020) Penalty, see § 111.999