HomeMy WebLinkAbout1693 Amending City Code Article XI Related to Medical Marijuana BILL NO. 2019-056 ORDINANCE NO. to
AN ORDINANCE AMENDING CITY CODE ARTICLE XI RELATED TO MEDICAL
MARIJUANA
WHEREAS, on November 6, 2018, the voters of the State of Missouri approved
Amendment 2 to the Missouri Constitution adding a new Article XIV, Section 1 to the Missouri
Constitution titled, "Right to Access Medical Marijuana" (the "Amendment"); and
WHEREAS, the intent of Article XIV, Section 1 of the Missouri Constitution is to enable
certain specified persons and legal entities who comply with the provisions of the Constitutional
Amendment as well as all rules and regulations promulgated by the Department of Health and
Senior Services of the State of Missouri(the "DHSS")to legally obtain,possess,cultivate,process,
grow,use and distribute marijuana for medicinal purposes to the extent allowed by applicable law;
and
WHEREAS, the City of Riverside desires to establish reasonable regulations providing
for legalized medical marijuana and for possessing, cultivating, growing, using, administering, or
distributing medical marijuana including the sale, purchase, and possession of paraphernalia
related thereto so long as such activity falls within the confines of the Amendment including any
rules and regulations promulgated by DHSS, and is not otherwise illegal pursuant to applicable
law; and
WHEREAS, the Board of Aldermen desires to protect the public health, safety, order,
comfort, convenience and general welfare of the individual residents and businesses of the City
and finds this ordinance necessary to safeguard the public health, safety, order, comfort,
convenience and general welfare of the individual residents and businesses of the City by
establishing reasonable regulations relating to legalized medical marijuana consistent with the
Amendment.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1 —ADOPTION OF AMENDMENT. Section 210.1800 of the City Code of the City
of Riverside, Missouri, titled "Possession of Marijuana or Synthetic Cannabinoid," is hereby
repealed and replaced by a new Section 210.1800, also titled"Possession of Marijuana or Synthetic
Cannabinoid," to read as follows:
Section 210.1800 Possession of Marijuana or Synthetic Cannabinoid.
A. A person commits the offense of possession of marijuana or any synthetic
cannabinoid, as both terms are defined in Section 195.010, RSMo., if he or she
knowingly possesses marijuana or any synthetic cannabinoid, except as authorized
by Chapter 579 or Chapter 195, RSMo, and except as follows in accordance with
Article XIV, Section 1 of the Missouri Constitution and regulations promulgated
by the Missouri Department of Health and Senior Services related to legalized
medical marijuana:
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BILL NO. 2019-056 ORDINANCE NO.
1. A Qualifying Patient for the patient's own personal use or when delivering
directly to his or her residence, in an amount-no greater than the law allows,
or
2. A Primary Caregiver of a Qualifying Patient but only when transporting the
medical marijuana to a qualified patient or when in the presence a
Qualifying Patient, or
3. An owner or an employee of a medical marijuana facility within the licensed
facility or, in the case of a transportation facility only when transporting
marijuana between facilities or from a facility to a qualified patient or
caregiver.
SECTION 2—ADOPTION OF AMENDMENT. Section 210.1802 of the City Code`of the City
of Riverside, Missouri, titled "Failure to Produce Medical Marijuana Identification-Card," is
hereby added to read as follows:
Section 210.1802 Failure to Produce Medical Marijuana Identification Card.
Any person in possession of medical marijuana shall, immediately upon request of
any law enforcement officer,produce a valid Qualifying Patient identification card,
a Primary Caregiver identification card, or a Facility Agent identification card
issued by the State of Missouri authorizing him or her to access medical marijuana
as provided by Missouri law.
SECTION 3—ADOPTION OF AMENDMENT. Section 210.1804 of the City Code of the City
of Riverside, Missouri,titled"Disposal of medical marijuana," is hereby added to read as follows:
Section 210.1804 Disposal of Medical Marijuana.
No person shall dispose of marijuana or marijuana-infused products in an unsecured
waste receptacle not in possession and control of the qualified patient or caregiver,
as the case may be, and designed to prohibit unauthorized access.
SECTION 4—ADOPTION OF AMENDMENT. Section 210.1806 of the City Code of the City
of Riverside, Missouri, titled "Consumption of Medical Marijuana in Public," is hereby added to
read as follows:
Section 210.1806 Consumption of Medical Marijuana in Public.
No person shall consume marijuana for medical use or any other use in a public
place.
SECTION 5—ADOPTION OF AMENDMENT. Section 210.1810 of the City Code of the
City of Riverside, Missouri, titled"Possession of a Controlled Substance," is hereby repealed
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BILL NO. 2019-056 ORDINANCE NO.
and replaced by a new Section 215.18 10, also titled"Possession of a Controlled Substance,"to
read as follows:
Section 215.1810 Possession of a Controlled Substance.
A person commits the offense of possession of a controlled substance, as defined
in Section 195.010, RSMo., if he or she knowingly possesses a controlled
substance, except and only to the extent as authorized by Chapter 579, RSMo.,
Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution
including any and all rules and regulations promulgated by the Missouri
Department of Health and Senior Services related to medical marijuana.
SECTION 6—ADOPTION OF AMENDMENT. Section 210.1830 of the City Code of the
City of Riverside, Missouri, titled"Unlawful Possession of Drug Paraphernalia," is hereby
repealed and replaced by a new Section 215.1830, also titled Unlawful Possession of Drug
Paraphernalia," to read as follows:
Section 215.1830 Unlawful Possession of Drug Paraphernalia.
Except and only to the extent as authorized by Article XIV, Section 1 of the
Missouri Constitution including any and all rules and regulations promulgated by
the Missouri Department of Health and Senior Services related to legalized medical
marijuana, a person commits the offense of unlawful possession of drug
paraphernalia if he or she knowingly uses, or possesses with intent to use, drug
paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, administer, or otherwise introduce into the
human body, a controlled substance or an imitation controlled substance in
violation of Chapter 579, RSMo., or Chapter 195, RSMo.
SECTION 7—EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after the date of its passage and approval.
BE IT REMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of th Board of Aldermen and APPROVED by the Mayor of the City
of Riverside this_ ''day of 4 2019.
4a
Mayor Kathleen L. Rose
4 ATTEST:
;Robin°Kineai.d, City Clerk
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