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O'Fallon, MO Cannabis Regulations: Dispensary Zoning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Citywide dispensary cap
10 facilities
Downtown Overlay District
dispensaries excluded
Site Review Permit validity
expires after 1 year
Minimum age to enter cultivation site
18 years
Security video retention
at least 90 days
First-offense fine (Ch. 400 penalty)
$200

Summary

O'Fallon's Zoning Code limits the entire city to ten marijuana dispensary facilities and shuts the Downtown Overlay District out of that count entirely. Section 400.245 also runs dispensaries through a two-step approval: a Site Review Permit that checks zoning compliance before State licensing, then a City business license the operator must keep current or face closure.

C. No more than a total of ten (10) marijuana dispensary facilities will be allowed within the City limits. Marijuana dispensaries are not permitted within the Downtown Overlay District. ... P. Each facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4860992; v58 updated 2026-05-14; through 05-14-2026).

Full Breakdown

245 caps marijuana dispensary facilities citywide at ten and bars any of them from the Downtown Overlay District, regardless of underlying zoning. Before seeking a license from the Missouri Department of Health and Senior Services, an applicant must obtain a Site Review Permit confirming the site meets the City's zoning and location standards; that preliminary approval expires one year after issuance if a State license has not followed. Once the State license is in hand, the operator applies for a City business license covering the approved operating, security and floor plans.

Every facility must carry security cameras covering each entrance and the interior and exterior, retain surveillance video at least ninety days, keep salable inventory in a locked, secured area, install a permanently affixed safe for on-site currency, and maintain a monitored alarm system. The dispensary must give the Chief of Police a named on-site contact reachable by phone, email and fax. No one under eighteen may enter a cultivation, testing or manufacturing facility, and dispensaries must post that age restriction at the entrance. Marijuana sold on-site must be sealed in labeled packaging, the sales counter must be walled off from the waiting area, and no product may be visible from outside through glass or windows. Signs for any marijuana use must comply with Chapter 410's sign regulations and sit on the same premises as the facility itself.

Violations & Fines

Operating without the required State license, exceeding the ten-dispensary cap, or locating in the Downtown Overlay District violates Section 400.245 and Chapter 400's general penalty schedule: fines run from $200 for a first offense in a twelve-month span up to $450 for a fourth or later offense, plus court costs. Losing a current City business license, per Section 400.245(P), means the licensee has already consented to immediate closure of the facility.

Frequently Asked Questions

How many marijuana dispensaries can operate in O'Fallon, Missouri?
No more than ten total, citywide, under Section 400.245(C) of the Zoning Code. Once that cap is reached, no new dispensary facility can obtain zoning approval regardless of the district it wants to locate in, aside from the separate Downtown Overlay exclusion that applies on top of the cap.
Can a marijuana dispensary open in Downtown O'Fallon?
No. Section 400.245(C) specifically excludes marijuana dispensaries from the Downtown Overlay District, even if the underlying zoning would otherwise allow retail uses. Cultivation, testing and manufacturing facilities are not named in that exclusion, so the ban applies to dispensaries only.
What happens if a dispensary's business license lapses?
Under Section 400.245(P), simply holding a City business license means the licensee has already consented to immediate closure and cessation of operations if that license lapses, on top of any other penalty or remedy the City can pursue by law.
Does a dispensary need a State license too?
Yes. Section 400.245(R) bars operating any marijuana facility in O'Fallon without a valid license from the Missouri Department of Health and Senior Services, and prohibits acquiring, cultivating, manufacturing or selling marijuana in the City except through State-licensed persons or entities.

Sources & Official References

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