According to a news release by Department of Health and Senior Services, as of the revised Aug. 19 deadline, there were 2,163 recorded medical marijuana facility applications submitted in the state of Missouri.
Following the deadline there were claims of difficulty submitting applications and after review, 109 waivers were granted by DHSS, allowing the affected applications to be submitted while 20 where denied.
According to a ‘medical marijuana pre-application applicants’ spread sheet supplied by Lisa Cox, communications director-office of public information for the Missouri DHSS, there were two dispensary facility applications for the city of Branson.
According to Chris Lebeck, Branson city attorney, there was also one cultivation and manufacturing application submitted for the city of Branson.
Last week, Branson aldermen approved regulations for individuals and cultivation.
–Cannot possess marijuana or drug paraphernalia without patient or primary caregiver identification card on person.
–Cannot possess marijuana not cultivated in Missouri.
–Cannot possess more than a 60 day supply (1/2 pound) or 90 day supply (3/4 pound) if cultivating.
–Cannot have more than six flowering plants in possession.
–Cultivating must be in an enclosed area that is locked and equipped with security devices.
–A permit is required.
The following facilities were added to the table of permitted uses with the following use categories subject to supplemental use standards:
–Medical Marijuana Dispensary Facility - Community Commercial (CC)
–Medical Marijuana Testing Facility - Agricultural (A)
–Medical Marijuana Cultivation Facility - Industrial (I)
–Medical Marijuana-Infused Products Manufacturing Facility - Industrial (I)
Supplemental Use Standards have been added for medical marijuana facilities regulating the time, place and manner of these facilities including the following highlights:
–Security and lighting requirements
–Signage and window requirements
–Enforce compliance with DHSS regulations
–Noise and smell restrictions
–Use of marijuana on site
–Restriction on location with 1,000 feet of schools, day care facilities, and places of worship
–Restriction on locating with 1,000 feet of a medical or dental office, clinic, hospital or health care facility
–Restriction on location adjacent to a residential zoning district
–Hours of operation limited to 8am to 8pm
–Limitation on drive thru and mobile sales
Article 14 distance requirements say these facilities must be 1,000 ft from daycares, schools, places of worship, medical or dental offices, clinics, hospitals or health care facilities. The city then mapped out Branson to find out where these restricted areas were, then worked with crime analysis to find out where the drug-related crimes were occurring from 2016 to 2019.
“Medical Marijuana is still a schedule I controlled substance,” said Lebeck. “By allowing it to locate near medical facilities, it is providing it the legitimacy that our local medical systems recognize doesn’t exist under federal law.”
Spokespersons from both Mercy and CoxHealth have released statements saying they will not be recommending medical marijuana treatment to their patients.
According to the DEA, United States Drug Enforcement Administration, Schedule 1 drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse.
There will still be patrols since marijuana is still illegal without the required proper identification on said person. Marijuana has also been added to the definition of smoking for the City of Branson smoke-free ordinance. Driving under the influence is still prohibited.
According to Lebeck, when they went to present to the board, they were approached by a guy who owns property in Branson and his lawyer who stated a cultivation and manufacturing application was submitted to the state.
They then made edits to the code so it could occur in that zone and edits so a person with multiple licenses can locate in one facility to try to prevent multiple widespread businesses of this kind.
“It’s a balancing act, we can’t ban it ... and we can’t completely open it up,” said Lebeck.
On Nov. 7, 2018, Amendment 2 passed in Missouri which allows for the cultivation, production, transportation and administration of marijuana to qualifying patients. This put article 14 into the Missouri Constitution. The city of Branson can pass regulations that are “not unduly burdensome” and regulate time, place, manner of these businesses.