(A) State license required. No medical marijuana growing operation, processing facility, dispensary, or research facility shall be permitted or maintained unless there exists a valid license issued by the State of Oklahoma for the particular use at the particular location.
(B) Permit. All operators of retail medical marijuana dispensaries, commercial growing facilities, and processing facilities, are required to obtain a permit from the Municipal Clerk. The permit fee shall be $600 per year for retail medical marijuana dispensaries. The permit fee shall be $1500 for commercial growing facilities and processing facilities. The permits fees shall be used to offset municipal expenses covering costs related to licensing, inspection, administration, and enforcement of medical marijuana businesses.
(C) Retail medical marijuana dispensaries.
(1) Location. The location of any retail medical marijuana dispensaries shall be limited to commercial zoning districts, however, such location is specifically prohibited if it is less than 1,000 feet of any public or private school entrance or within 300 feet of any church. Such facilities shall not be permitted on any property zoned residential.
(2) Measurement of distance. For the distance requirement outlined in division (C)(1) above, the distance shall be computed by direct measurement in a straight line from the main entrance of the retail marijuana dispensary to the main entrance of the public or private school or church.
(3) Regulations. A licensed dispensary shall conform to all regulations set forth for those zoning districts, along with all other applicable building and development codes adopted by the city. All licensed dispensaries shall comply with all other applicable city, county, and state regulations.
(4) Home occupation prohibited. Dispensing of medical marijuana as a home occupation is prohibited.
(5) Sales. Only a state-licensed medical marijuana retail dispensary may conduct retail sales of marijuana, or marijuana derivatives in the form provided by state licensed processors, and these products can only be sold to a state licensed medical marijuana patient or caregiver.
(6) Hours of operation. Retail medical marijuana dispensaries may only be open to the public during the hours of 9:00 a.m. to 9:00 p.m., Monday through Sunday.
(D) Medical marijuana growing facilities.
(1) Location. The location of any commercial medical marijuana growing facility may be permitted in any commercial, industrial, or agricultural zoning district; however, such location is specifically prohibited if it is less than 1,000 feet of any public or private school entrance or within 300 feet of any church. Such facilities shall not be permitted on any property zoned residential.
(2) Regulations. A commercial medical marijuana growing facility shall conform to all regulations set forth for those zoning districts, along with all other applicable building and development codes adopted by the city. All growing facilities shall comply with all other applicable city, county, and state regulations.
(3) Visibility. A commercial medical marijuana growing facility must be constructed in such a manner that growing of the marijuana plants cannot be seen by the public from a public right-of-way.
(4) Building standards. A commercial medical marijuana growing facility must be reasonably secured from unauthorized access and the facility must maintain ventilation systems designed to minimize unreasonable offsite odors. Facilities must comply with municipal building and fire codes.
(5) Public nuisance. Growing marijuana for commercial purposes 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 reasonable enjoyment of life and property.
(E) Medical marijuana processing facilities.
(1) Location. The location of any medical marijuana processing facility may be permitted in any commercial, industrial, or agricultural zoning district; however, such location is specifically prohibited if it is less than 1,000 feet of any public or private school entrance or within 300 feet of any church. Such facilities shall not be permitted on any property zoned residential.
(2) Regulations. A processing facility shall conform to all regulations set forth for those zoning districts, along with all other applicable building and development codes adopted by the city. All processing facilities shall comply with all other applicable city, county, and state regulations.
(3) Visibility. A medical marijuana processing facility must be constructed in such a manner that the growing of the marijuana plants, if any, cannot be seen by the public from the public right-of-way.
(4) Building standards. A medical marijuana processing facility must be reasonably secured from unauthorized access and the facility must maintain ventilation systems designed to minimize unreasonable offsite odors. Facilities must comply with municipal building and fire codes.
(5) Public nuisance. Growing marijuana for commercial purposes 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 reasonable enjoyment of life and property.
(F) Paraphernalia. Any device used for the consumption of medical marijuana shall be considered legal to be sold, manufactured, distributed, and possessed by a properly licensed and permitted medical marijuana facility. No merchant, wholesaler, manufacturer, or individual who has the proper license or prescription may unduly be harassed or prosecuted for selling, manufacturing, or possession of medical marijuana paraphernalia.
(Prior Code, § 18-102) (Ord. 2020-02, passed 6-16-2020; Ord. 2020-02, passed 8-11-2020) Penalty, see § 92.99