A. It is the intent of this chapter to ensure the health and safety of all Oklahomans and provide reasonable and orderly regulation of medical marijuana as authorized by the lawful passage of State Question 788.
1. The regulations are intended to apply to all medical marijuana operations in the City of Seminole, whether by a patient or caregiver under the Medical Marijuana Statute, or any other medical marijuana business permitted under state law. Medical Marijuana cultivation and production can have an impact on health, safety, and community resources, and the Code is intended to permit medical marijuana cultivation where it will have a minimal impact.
2. Use, distribution, cultivation, production, possession and transportation of medical marijuana remains illegal under federal law and marijuana remains classified as a "controlled substance" by federal law.
3. The regulations for medical marijuana uses are not adequate at the state level to address the impacts on the city of medical marijuana, making it appropriate for local regulation of the impacts of medical marijuana uses.
4. Nothing in this chapter is intended to promote or condone the production, distribution, or possession of marijuana in violation of applicable law.
5. This chapter is to be construed to protect the public over medical marijuana business interests. Operation of a medical marijuana business 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.
6. Medical marijuana is a heavily regulated industry in the city, all licensees are assumed to be fully aware of the law, the city shall not therefore be required to issue warnings before issuing citations for violations of this chapter.
B. Purpose: The purpose of this chapter is to protect the public health, safety and welfare of the residents and patients of the City by prescribing the manner in which medical marijuana businesses can be conducted in the City. Further, the purpose of this chapter is to:
1. Provide for a means of cultivation, production, and distribution of marijuana to patients who qualify to obtain, possess and use marijuana for medical purposes under the Oklahoma State Statutes.
2. 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.
3. Promote lively street life and high quality neighborhoods by limiting the concentration of any one type of business in specific areas.
4. Impose fees to cover the cost to the city of licensing medical marijuana businesses in an amount sufficient for the city to recover its cost of the licensing program.
5. Adopt a mechanism for monitoring compliance with the provisions of this chapter.
6. Create regulations that address the particular needs of the patients and residents of the city and coordinate with laws that may be enacted by the State regarding the issue.
7. Facilitate the implementation of the state statute without going beyond the authority granted by it.
8. Issue medical marijuana business licenses only to individuals and entities that have demonstrated an intent and ability to comply with this chapter without monitoring by city officials.
9. Exclude from the definition of a medical marijuana business the private possession, production, and medical use of marijuana by an individual patient or the private possession, production, distribution, and medical use of marijuana by an individual caregiver for one patient, in the residence of the patient or caregiver, to the extent permitted by Oklahoma State Statutes.
C. Relationship To State Law: The provisions in this chapter that are different from the state law are consistent with the city's responsibility to protect the public health, safety and welfare as authorized by state statute, and by the home rules authority granted to the city by state statute and the charter of the city. The city intends that both state law and this chapter apply within the city. Where this chapter conflicts with state law, this chapter shall apply on all matters authorized by state statute, and all matters of local concern. (Ord. 1223, 8-14-2018, eff. 8-14-2018; amd. Ord. 1246, 6-9-2020)