CANNABIS, MEDICAL CANNABIS, PURPOSE AND INTENT

Sep 9, 2021

Q-16 CANNABIS

Q-16-100 MEDICAL CANNABIS

Q-16-101 PURPOSE AND INTENT

The City Council of the City of Fort Pierre enacts the following zoning ordinances in order to ensure that cannabis establishments within the territorial jurisdiction of the City operate in a manner which complies with state laws and regulations, protects the health, safety, and welfare of the general public, prevents potential conflicts and issues arising from ownership and employees, recognizes certain safety and security considerations, and minimizes risk of unauthorized use or access of cannabis by the general public.

Q-16-102 DEFINITIONS

Cannabis (or Marijuana): all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.

Cannabis Cultivation Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.

Cannabis Dispensary: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.

Cannabis Establishment: a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.

Cannabis Product Manufacturing Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.

Cannabis Products: any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.

Cannabis Testing Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.

Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis-related terms which are defined by SDCL 34-20G-1.

Q-16-103 CANNABIS ESTABLISHMENTS

  1. Maximum Number of Cannabis Establishments.

In the development and execution of these regulations, it is recognized that there are some uses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a potential deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.

The City of Fort Pierre shall allow up to three (3) cannabis cultivating facilities provided the time, place, and manner of said facilities comply with this ordinance. A cannabis cultivation facility must exist in conjunction with a cannabis dispensary.

The City of Fort Pierre shall allow up to three (3) cannabis dispensaries provided the time, place, and manner of said dispensaries comply with this ordinance.

The City of Fort Pierre shall allow up to three (3) cannabis manufacturing facilities provided the time, place, and manner of said facilities comply with this ordinance. A cannabis manufacturing facility must exist in conjunction with a cannabis dispensary.

The City of Fort Pierre shall allow up to zero (0) cannabis testing facilities.

  1. Required Separation Distances

A cannabis establishment shall be located not less than 1000 feet from a public or private school existing before the date of the cannabis establishment application;

A cannabis establishment shall be located not less than 500 feet from a residence, church, public park, public swimming pool, or daycare facility existing before the date of the cannabis establishment application;

Exemption from separation requirements. Any separation distance requirement, other than the State requirement from schools (1,000 feet), may be waived, provided:

    • The applicant provides documentation waiving the setback requirement from the title holder of the land benefiting from the separation.

Prescribed separation/setback distances from certain existing uses are to be measured from the lot line of the property where the dispensary is proposed.

  1. Other Locational Requirements

Permanent or temporary establishments are prohibited in all other zoning districts and not eligible for a home occupation use.

It shall be unlawful to operate an establishment in a building which contains a residence or a mixed-use building with commercial and residential uses.

All cannabis establishment activities shall occur indoors.

  1. All cannabis establishments must be located within the municipal boundaries of the City of Fort Pierre.
  2. Controlled Access – No cannabis establishment shall share premises with or permit access directly from another medical cannabis establishment unless said establishment is licensed by the same entity.
  3. Controlled Access – No cannabis establishment shall share premises with or permit access directly from another business that sells alcohol or tobacco.
  4. Hours of operation:

Cannabis establishments are allowed to be open to the public between the hours of 7 a.m. MST and 7 p.m. MST on Monday – Sunday.

  1. Documentation of State Licensure.

No cannabis establishment shall acquire, possess, store, deliver transfer, transport, supply or dispense cannabis, cannabis products, paraphernalia without providing documentation of licensure from the State of South Dakota.

  1. The zoning official is authorized to issue permits (building/use) for cannabis establishments subject to following:

Submission of a site plan containing the following:

Any information required for applicable building permit,

Ingress and egress plan

Parking plan

Lighting plan (including security lighting)

Screening/security fencing plan,

Refuse plan;

Hours of Operation;

Any other information as lawfully may be required by the Zoning official to determine compliance with this ordinance

Documentation of ability to meet setback/separation requirements.

Documentation of State Licensure.

  1. All Cannabis Establishments are required to be constructed in conformance with the 2021 Edition of the International Building Code and International Fire Code and comply with adopted International Property Maintenance Code (P-1-2).
  2. All cannabis establishments shall be in compliance with SDCL 34-20G. If the State adopts stricter regulations governing cannabis establishments than that set forth herein, the stricter regulation shall control the establishment or operation of any cannabis establishment licensed by the City of Fort Pierre.

Section 4.         That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only.