The Reporter newspaper, Camdenton Missouri

The Reporter covers Miller, Morgan and Camden County in Central Missouri's Lake of the Ozarks and is published once per week on Wednesdays.

Published June 12, 2019

Medical pot being added to Osage Beach zoning

OSAGE BEACH – The city has given the first reading amending its zoning regulations in preparation for the distribution and sales of medical pot.

The city first held a public hearing on the subject, giving citizens the chance to speak against or in favor of the changes.

Certain terms were defined in the ordinance to help people understand the different aspects of the pot growing and dispensing.

Medical Marijuana Cultivation Facility

• A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport and sell marijuana to a Medical Marijuana Dispensary Facility, Medical Marijuana Testing Facility or to a Medical Marijuana-Infused Products Manufacturing Facility.

Medical Marijuana Dispensary Facility

• A facility licensed by the State of Missouri to acquire, store, sell, transport and deliver marijuana marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this section to a Qualifying Patient, a Primary caregiver, another Medical Marijuana Dispensary Facility- a Medical Marijuana Testing Facility or a Medical Marijuana-Infused Products Manufacturing Facility.

Medical Marijuana-Infused Products Manufacturing Facility

• A facility licensed by the State of Missouri to acquire, store, manufacture, transport and sell marijuana-infused products to a Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or to another Medical Marijuana-Infused Products Manufacturing Facility.

Medical Marijuana Testing Facility

• A facility certified by the State of Missouri to acquire, test, certify and transport marijuana.

The zoning of the city was changed to allow for the various aspects of the medical pot.

The “A-1 General Agricultural District” is amended by adding “Medical Marijuana Cultivation Facilities.”

The “C-1 General Commercial District” added “Medical Marijuana Dispensary Facilities.”

“I-2 Heavy Industrial District” added three items: Medical Marijuana Cultivation, Medical Marijuana Infused Products Manufacturing Facilities and Medical Marijuana Testing Facilities.

Unlike the City of Camdenton, Osage beach will allow medical pot closer to schools, churches and child day-care facilities.

Camdenton does not allow any of it closer than 1,000 feet while Osage Beach allows some of it within 200 feet.

The proposed changes states:

“No Medical Marijuana Dispensary Facility shall be permitted within 200 feet, measured from property line to property line, of any religious institution, elementary or secondary school, or child daycare facility.”

Properties proposed to contain a Medical Marijuana Dispensary Facility will only be permitted in the “C-1”, “I-1” and “I-2” zoning districts and must also meet one of the following:

• Be located within two 2,000 feet of the Osage Beach Parkway Public Right of Way or the Interchange Right of Way for the Highway 54 Expressway or;
• Be located within one thousand (1,000) feet from the State Highway 42 or State Highway KK Public Right of Way.

A Medical Marijuana Cultivation Facility will only be permitted in the “A-1” and “I-2” zoning districts after meeting the following minimum requirements:

1. The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child daycare facility.
2. The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned “A-1” that contains a previously established residential use and properties zoned “C-1” that have been approved for a Special Use Permit for a residential use in a commercial zone

A Medical Marijuana Infused Products Manufacturing Facility will only be permitted in the “I-2” zoning district after meeting the following minimum requirements:

1. The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child daycare facility.
2. The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned “A-1” that contain a previously established residential use and properties zoned “C-1” that have been approved for a Special Use Permit for a residential use in a commercial zone.

A Medical Marijuana Testing Facility will only be permitted in the “I-2” zoning district after meeting the following minimum requirements:

1. The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child daycare facility.
2. The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned “A-1” that contain a previously established residential use and properties zoned “C-1” that have been approved for a Special Use Permit for a residential use in a commercial zone.

In addition, medical pot facilities shall not negatively affect adjacent and surrounding properties by means of being noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, light, or glare.

The zoning also addressed off-street parking criteria, which depends on the square feet of the building.

Camdenton’s zoning changes are more detailed than Osage Beach’s.

Camdenton zoning addresses facility security, residential use of medical pot, odor control ventilation and waste given off by medical pot facilities.

Marijuana is illegal under federal law, despite what states may vote regarding it.

In a USA Today article in 2016, the Drug Enforcement Agency (DEA) said that marijuana will remain illegal under federal law. States that allow marijuana for medical use or legalize recreational use remain in defiance of federal law.

According to the article, “the DEA said a Health and Human Services evaluation shows marijuana has no ‘currently accepted medical use’ because ‘the drug’s chemistry is not known and reproducible; there are no adequate safety studies; there are no adequate and well-controlled studies proving efficacy; the drug is not accepted by qualified experts; and the scientific evidence is not widely available.’”

"There is no evidence that there is a consensus among qualified experts that marijuana is safe and effective for use in treating a specific, recognized disorder,” the DEA report added.

The second reading of the Osage Beach ordinance should take place at the next scheduled meeting, June 20.