Ordinance No. 754

AN ORDINANCE AMENDING THE ORDINANCE (ORDINANCE NO. 754) FOR THE REGULATION OF MEDICAL CANNABIS BUSINESS ACTIVITIES

## I. Short Title.

This Ordinance shall amend what is known as the Philadelphia Medical Cannabis Ordinance and shall be referred to herein as the "Amended 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 Aldermen 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.

WHEREAS, after the implementation of the Ordinance for the Regulation of Medical Cannabis Activities, the Board of Aldermen find that it is necessary to Amend same and do so here below.

## II. Repeal

The Board of Aldermen of the City of Philadelphia hereby repeal Section III. Of the Ordinance for the Regulation of Medical Cannabis Activities as stated below:

### Section III. Hours and Locations of Operation

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.

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

Medical Cannabis Activities 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.

III. Amendment of Hours and Locations of Operations to be effective upon passage and compliance with Paragraph VI herein,

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 Sunday, unless the Governing Authority determines different hours.

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

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

IV. Effective date

This Amendment shall be effective thirty (30) days from the date of publication in the Neshoba Democrat and shall remain in full force and effect until altered by the Governing Authority.

V. Survivability of Ordinance for the Regulation of Medical Cannabis Activities

Unless otherwise repealed and amended above the remaining unaltered, remaining sections of the Ordinance for the Regulation of Medical Cannabis Activities, Ordinance No ______ dated and passed on Oct. 3, 2024 shall remain in full force in effect.

VI.

Upon Passage by the members of the Board of Aldermen this Amended 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 Amended Ordinance be adopted and said Motion was seconded by Alderman Shaun Seales and the vote thereupon was as follows:

Alderman Vote

Justin Clearman Aye James Waltman Nay Shaun Seales Aye James Tatum Aye Jim Fulton Nay

Whereupon the foregoing Amended Ordinance was declared adopted on this the 14th day of February, 2024.

The City of Philadelphia

James Young Mayor

Attest:

Nikki Walton, City Clerk

Nikki M Walton [signature]

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