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Dardenne Prairie passes regulations for medical marijuana facilities

At its Sept. 18 meeting, Dardenne Prairie’s Board of Aldermen passed an ordinance containing regulations for all medical marijuana facilities in the city limits. The standards also extended to product cultivation, manufacturing, testing and dispensary guidelines. Bill No. 19-31 was presented for first reading, public hearing, and a second reading at the meeting, where aldermen voted 5-0 to approve the bill. Alderman Dan Koch [Ward 3] excused.

The resolution was brought to the council following the state’s release of applications for official licensing and certification of medical marijuana facilities, as well as applications for qualifying patient and caregiver identification cards. The applications were made available to Missouri residents on June 1. As of August 1, the state began accepting and processing those applications.

Dardenne Prairie’s bill was passed by with multiple provisions for medical marijuana facilities located within city limits, including:

  • No dispensary/facility shall be within 1,000 feet of any school, child day-care center or church.
  • Authorized facilities may not store or display medical marijuana products outside of an enclosed building.
  • No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any facility.
  • An odor control plan no less stringent than state regulations must be part of each facility’s application for a conditional use permit.
  • Security provisions for each facility must comply with state requirements.
  • A qualifying patient, or the primary caregiver for that patient on their behalf, may cultivate up to six flowering marijuana plants and six non-flowering marijuana plants at any given time in a single, enclosed, locked facility.

Previously in Nov. 2018, Missouri voters approved Amendment 2 to the Missouri State Constitution, which legally allowed the limited production, distribution, sale, and purchase of marijuana for medical use while simultaneously providing protection for patients, primary caregivers and physicians from civil and criminal penalties. As such, state-licensed physicians are permitted to recommend medical marijuana to patients with qualifying illnesses and medical conditions while still prohibiting the public use of marijuana or driving under the influence of marijuana by the general public.

In addition to the initial timing of medical marijuana applications and when they will be processed, Amendment 2 also permits the state to charge a fee not to exceed $5,000 for any certification issued in relation to medical marijuana. A 4% state tax will be levied on all sales of medical marijuana products in a licensed dispensary, separate from any general state and local sales and use taxes. The proceeds from the tax will go first to offset state expenses to carry out provisions of the amendment. The remainder of tax proceeds will be transferred to the MO Veterans Commission for the purposes of operations, maintenance, and capital improvements of MO Veterans Homes, MO Service Officer’s Program, and other veterans’ services. The 4% tax revenue will not replace existing dedicated funding.

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