(A) The intent of this chapter is to ensure the health and safety of all state residents and provide reasonable and orderly regulation of medical marijuana as authorized by the lawful passage of 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 chapter, 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 $500, plus court costs. Each separate violation of this chapter shall constitute a separate offense. Where a lesser fine is mandated by state law, the lesser amount of fine shall be applicable.
(2) The regulations are intended to apply to all medical marijuana for personal use or any medical marijuana business permitted under the State Question 788. The code is intended to provide regulations to limit the impact that medical marijuana cultivation and production will have on health, safety, and community resources.
(3) 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.
(4) The regulations for medical marijuana uses are not adequate at the state level to address the impacts of medical marijuana on the city, making it appropriate for local regulation of the impacts of medical marijuana uses.
(5) Nothing in this chapter is intended to promote or condone the production, distribution, or possession of marijuana in violation of any applicable law.
(6) 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.
(7) Medical marijuana is a heavily regulated industry in the city and all permittees 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) 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 State Question 788;
(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) Impose fees to cover the cost to the city of permitting medical marijuana businesses in an amount sufficient for the city to recover its cost of the permitting program;
(4) Adopt a mechanism for monitoring compliance with the provisions of this chapter;
(5) 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;
(6) Facilitate the implementation of State Question 788 without going beyond the authority granted by it; and
(7) 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.
(Prior Code, § 114.01) (Ord. 2020-563, passed 1-16-2020)