Medical Marijuana Facilities

The Lake Saint Louis Board of Aldermen approved an ordinance at its meeting on May 20, 2019 amending the City’s Municipal Code to establish regulations for medical marijuana facilities. This legislation follows the statewide approval of a Constitutional Amendment in November 2018 approving the use of marijuana for medical purposes.

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BACKGROUND

Amendment 2 will allow state-licensed physicians to recommend marijuana for medical purposes to patients with serious illnesses and medical conditions. Medical marijuana may be smoked (or vaporized); or it may be ingested in capsules, teas, or food. The Amendment specifically prohibits the public consumption of medical marijuana and operating a vehicle while under the influence. The earliest that medical marijuana could be commercially available will be January of 2020.

Amendment 2 allows the City to regulate hours of operation, location, odor, business licenses, and other similar requirements. The City may not regulate the consumption of medical marijuana within residential zones, the home cultivation of medical marijuana, the number of marijuana facilities allowed in the City, or any other requirement which would directly contradict Amendment 2.

SUMMARY OF REGULATIONS

Zoning Districts

Medical marijuana facilities are permitted uses in the following zoning districts:

Facility Type	"CB" Community Business	"HC" Highway Commercial	"PD" Planned Development*	"BP" Business Park	"OP" Office and Research Park	"LI" Light Industrial
Cultivation						Permitted
Manufacturing						Permitted
Testing				Permitted	Permitted	Permitted
Dispensary	Permitted	Permitted	Permitted

_{*Limited to developments which allow the same uses as the “HC” Highway Commercial District (including The Shoppes at Hawk Ridge, Dove Farms, Hawk Ridge Village (part), and South Ridge Shoppes).}

Licensing requirements

State licenses and City business licenses are required for all medical marijuana facilities.

Location Requirements

No medical marijuana facility shall be located within the following:

1,000 feet of a parcel of land which is owned and occupied by a religious institution, educational institution, or a licensed child daycare center.
1,000 feet of another Medical Marijuana Cultivation Facility, Medical Marijuana Testing Facility, Medical Marijuana-Infused Products Manufacturing Facility or Medical Marijuana Dispensary Facility except when marijuana sales represents less than 5% of the dollar volume of business in a state or federally licensed pharmacy. Facilities under the same ownership and on the same property are exempt from this requirement.
1,000 feet of a public park or public recreational facility.
500 feet of a residential zoning district.

These distance requirements may be reduced by the Board of Aldermen by approval of a Special Use Permit.

Hours of Operation

A dispensary facility may be open seven days a week and may open no earlier than 8:00 A.M. and shall close no later than 10:00 P.M. the same day. There is no limit on the hours of operation of other medical marijuana facilities.

Odor

No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance as defined in Chapter 220 of the Municipal Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.

Onsite Consumption

The consumption, inhalation or other personal use of marijuana or medical marijuana-infused products on or within the premises of a medical marijuana facility is prohibited, except testing facilities.