Ordinance No. 753

AN ORDINANCE FOR THE REGULATION OF MEDICAL CANNABIS BUSINESS ACTIVITIES

## SECTION I. SHORT TITLE

This Ordinance shall be known as the Philadelphia Medical Cannabis Ordinance and shall be referred to herein as the "Ordinance".

WHEREAS, Senate Bill 2095, Mississippi Legislature, Regular Session 2022, titled the "Mississippi Medical Cannabis Act" (the Act"), passed by the Mississippi Legislature and signed into law by the Governor of the State of Mississippi, provides for cannabis consumption, cultivation, disposal, manufacturing, possession, processing, purchase, research, testing and transportation, for medical purposes (collectively "Medical Cannabis Activities" but, for the purposes of these amendments, specifically excluding consumption); and

WHEREAS, it is the express intent of the Board of Alderman of the City of Philadelphia, Mississippi (the "Governing Authority") for Philadelphia, Mississippi (the "City") and of this Ordinance, to establish reasonable procedures and regulations for Medical Cannabis Activities to supplement the Act and to incorporate, and where applicable supplement, the rules and regulations adopted, or to be adopted, by the State of Mississippi Department of Revenue and the State of Mississippi Department of Health; and

WHEREAS, the regulations, limitations and prohibitions established in this Ordinance are necessary to encourage safe, reasonable and responsible growth of Medical Cannabis Activities within the City of Philadelphia in a manner that reduces negative impacts on the community and environment, increases public awareness, and protects community health, safety and wellbeing while creating a clear and attainable path for Medical Cannabis Activities to follow and authorities to enforce; and

WHEREAS, pursuant to §21-13-1, Mississippi Code Annotated of 1972 as amended, the Board of Aldermen of the City of Philadelphia, Mississippi have the authority to enact such ordinances as necessary and in the best interest of the public.

## SECTION II. LEGISLATIVE INTENT

These adopted regulations are intended to ensure the public health, safety and welfare of residents of the City, persons engaged in Medical Cannabis Activities including their employees, neighboring property owners, and end users of medicinal cannabis. To this end, these regulations identify criteria and regulations of Medical Cannabis Activities in supplementation to such other laws, requirements and regulations that may be adopted by the State of Mississippi and the Governing Authority applicable to the Medical Cannabis

# SECTION II. GENERAL PROVISIONS APPLICABLE TO MEDICAL CANNABIS ACTIVITIES AND REQUIRED PERMIT IN ACCORDANCE WITH STATE AND LOCAL LAW

i. Prior to the initiation of any Medical Cannabis Activities, a business privilege license must be obtained from the City Clerk of The City of Philadelphia, Mississippi as required by law.

ii. The applicant shall submit to the City Building Official's Office such information as required herein, or otherwise reasonably requested by the City Building Official. The City Building Official's Office may promulgate forms, and require the use thereof, to accomplish the intent of this provision the proposed location of the establishment and confirm that such establishment is incompliance with the requisite buffer requirements under the Act.

iii. The applicant shall further provide a copy of all documents it intends to submit to the Mississippi Department of Health ("DOH") or Mississippi Department of Revenue ("DOR"), as appropriate and required by law, for the required State of Mississippi licensing, including license renewal applications. Unless otherwise waived by the City, applicant shall continue to timely supplement the filed documents with any additional documents provided to, or received from DOH and DOR or any other State mandated filing that were not originally filed with the City including, but not limited to, annual licenses, license revocations, reports, notices, etc.

iv. A Medical Cannabis Activities privilege permit may be denied or revoked for failure to comply with the requirements herein or any applicable state or local law, ordinance, code or regulation.

v. **Site Plans:** Prior to the initiation of any Medical Cannabis Activities, and in addition to any Design Review Application or other City standard development approval process required by the City, the applicant shall submit to the City Building Official's Office a comprehensive site plan which, at a minimum, shall include the following:

a. Property layout and/or survey detailing the location of the proposed facility.

b. Odor and ventilation control plan demonstrating that no excessive odor,

c. Lighting plans demonstrating that no excessive light escapes to neighboring Property between sunset and sunrise.

d. Security plan for the proposed facility.

vi. **Inspections:** All operators of Medical Cannabis Activities shall allow access by City code Enforcement officers, law enforcement officers or other agents or employees requesting admission for the purpose of determining compliance with these standards, and further consent to an annual on-site compliance inspection, with at least 24 hours prior notice, to be conducted by appropriate County officials during regular business hours (Monday-Friday. 9:00 am-5:00 pm. Excluding holidays). Such inspections may include inspection of the facility, equipment, books, records, licenses and related personal property that area which is part of the Medical Cannabis Activities.

# SECTION III. HOURS AND LOCATIONS OF OPERATION

i. Medical Cannabis Activities/facilities shall be located in accordance with the zoning framework established under the Act. Medical Cannabis Dispensaries shall be located in C3-Highway Commercial Zones unless otherwise approved by the Board of Alderman of the City.

ii. Allowed hours of active operation for the Medical Cannabis Activities shall be limited to the hours of 9:00 a.m. until 7:00 p.m. Monday through Saturday, unless the Governing Authority determines different hours.

iii. Inactive operations of minimal activity, such as security surveillance, automated irrigation and "grow lighting," are not limited by these hours of operation.

# SECTION IV. APPLICABILITY

i. This Ordinance shall apply to and be enforced within the boundaries of the City of Philadelphia, Mississippi.

ii. Expressly incorporated herein are the following state regulations which are made a part of this ordinance:

a. Dispensary Regulations (DOR)

b. Work Permit Regulations (DOH)

c. Testing Facility Regulations (DOH)

d. Advertising and Marketing Regulations (DOH) e. Cultivation Regulations (DOH) f. Processing Facility Regulations(DOH) g. Commercial Transportation Regulations(DOH) h. Disposal Regulations(DOH)

iii. All requirements of all state and local laws, ordinances, codes and regulations shall be met, and licenses for operation shall be obtained from Mississippi Department of Health or Mississippi Department of Revenue, and maintained in good standing at all times. To the extent state law or regulation are more restrictive and/or in direct conflict with the provisions herein, state law shall control.

**SECTION V. ENFORCEMENT AND PENALTIES**

I. A violation of any provision of this Ordinance or any state or local laws, regulations, ordinances or codes applicable to Medical Cannabis Activities shall be deemed to be a public nuisance and subject to enforcement as set forth herein.

i. Any Philadelphia Police Officer who observes any violation of this ordinance, or finds probable cause exists that a violation of this ordinance has occurred, may issue a citation to operator of the Medical Cannabis Activities noting the offending conditions and charging him/her/it with a violation of this ordinance and setting a date and time certain for a hearing in the Philadelphia Municipal Court. Any such Officer may rely upon the sworn affidavit of any person he finds to be reliable as sufficient probable cause to proceed under this provision. Any Officer may, in lieu of issuing a citation, file an affidavit in the Philadelphia Municipal Court, specifically noting the offending conditions and charging a violation of this ordinance.

ii. As an alternative to the procedures set forth above, any member of the public may swear out an affidavit with the Municipal Court setting forth the sufficient facts and details of the offending conditions and charging the operator of the Medical Cannabis Activities with a violation of this ordinance.

iii. Upon receipt of any charging affidavit, as described above, the Municipal Court shall then process the affidavit, in the same manner as affidavits asserting a violation of a criminal statute, so as to bring about the enforcement of this ordinance.

iv. Any person violating any provision of this Ordinance, for which no penalty is otherwise specifically provided for, shall be deemed guilty of a

misdemeanor and shall be punished by a fine of not less than one hundred ($100.00) nor more than two hundred dollars ($250.00) for a first offense. For any second offense occurring within a two (2) year period of time, a fine in the amount of not less than two hundred-fifty dollars ($250.00) nor more than five hundred dollars ($500.00), and/or a period of incarceration not to exceed thirty (30) days shall be imposed. For any third or subsequent offense occurring within a two (2) year period of time there shall be assessed a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) and/or a period of incarceration not to exceed one hundred and eighty (180) days. No portion of any fines assessed may be suspended. Each violation of any provision of this ordinance shall be deemed a separate offense. The Court, in addition to the penalties provided herein, may order the person violating this Ordinance to pay restitution to any person suffering damages resulting from the violation.

v. The City may seek to abate the violation of this Ordinance or any state or local laws, regulations, ordinances or codes applicable to Medical Cannabis Activities by the prosecution of a civil action, including an action or injunctive relief. Such injunctive relief may take the form of a court order prohibiting ongoing violations and/or requiring compliance with this Ordinance.

vi. In addition to the penalties above, there shall be imposed a civil fine of two hundred dollars ($200.00) per day, per violation of this Ordinance or any state or local laws, regulations, ordinances or codes applicable to Medical Cannabis Activities, which shall continue to accrue for each day of each violation until the violation is abated. Such fines hall begin to run 72 hours after proper notice of a violation has been provided to the operator of the Medical Cannabis Activities and continue for so long as the noticed violation continues to occur. Notice of the fine assessment shall be provided by personal notice hand delivered to the operator, or certified mail, or the notice is posted upon the property in a conspicuous place

vii. The remedies and penalties above are cumulative to all other remedies available to the County by law.

**SECTION VI. EFFECTIVE DATE**

Due to the immediate need to protect the health, safety and welfare of the public, this Ordinance shall be in force and effect from and after its passage and shall remain in effect until such time as it is properly repealed or amended.

**SECTION VII. SEVERABILITY**

If any provision of this Ordinance is ruled illegal, unconstitutional or otherwise unenforceable buy a Court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

**SECTION VIII. CONFLICT WITH ORDINANCES**

Any other ordinances of the City which are conflicting or inconsistent with this ordinance, are hereby repealed to the extent of any inconsistencies or conflicts.

**SECTION IX. ORDINANCE CUMULATIVE**

This Ordinance shall be cumulative and in addition to any other laws in force.

**Findings and compliance with administrative guidelines.**

Upon passage by the members of the Board of Mayor and Aldermen this ordinance shall be in full force and effect thirty days after its passage and publication as required by law.

After a full discussion of this matter, Alderman Justin Clearman moved that the foregoing Ordinance to adopted and said motion was seconded by Alderman Shawn Seales and the vote thereupon was as follows:

Alderman: Vote

Justin Clearman Aye

James Waltman Aye

Shaun Seales Aye

James Tatum Aye

Jim Fulton Aye

Whereupon the foregoing Ordinance was declared adopted on this 3rd day of October, 2023.

THE CITY OF PHILADELPHIA, MISSISSIPPI

ATTEST:

NIKKI WALTON, CITY CLERK JAMES YOUNG, MAYOR

/s/ James Young James Young

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