Missouri Cannabis License Guideines

Missouri Department of Health and Senior Services

Licensing and Enforcement Criteria

On November 6, 2018, 65% of Missouri voters passed Amendment 2, legalizing the medical use of marijuana for qualifying Missouri patients. Amendment 2 became Article XIV of the Missouri Constitution, effective December 6, 2018, and granted the Missouri Department of Health and Senior Services (DHSS) the authority and responsibility to create a well-regulated program to ensure the availability of and safe access to medical marijuana. Thus, the Section for Medical Marijuana Regulation (SMMR) was created within DHSS to oversee the Medical Marijuana Regulatory Program (MMRP).

While some states allow both medical and recreational use of marijuana, Article XIV only authorizes the medical use of marijuana. Medical marijuana refers to any strain of cannabis with a tetrahydrocannabinol content of greater than 0.3% on a dry weight basis.

Article XIV Section 1: Right to Access Medical Marijuana

The provisions for medical use of marijuana in Article XIV specifically allows:

  • Missouri licensed physicians (MD and DO) the right to discuss medical marijuana with their patients.
  • Physicians the right to recommend marijuana for medical purposes to patients with qualifying medical conditions. 
  • Patients the right to discuss medical marijuana with their physician and to use marijuana under the supervision of their physician.

SMMR’s Strategic Priorities

  • Make medical marijuana accessible for qualifying patients in Missouri;
  • Uphold safety and quality standards for medical marijuana; and
  • Regulate the medical marijuana industry to comply with Missouri law and keep communities safe.

Missouri Cannabis Laws & Compliance

Several laws and ordinances regulate the Missouri medical cannabis industry, as well as the many different steps in the supply chain. These laws range over dispositions for cultivators, manufacturers, distributors and retail dispensaries. The most recent news can be found on these websites:

FAQs

Is there a residency requirement for an individual to be issued an Agent ID card?

No. There are no restrictions for the issuance of an Agent ID to a facility employee who resides in another state.

When should facility staff/contractors apply for their agent ID cards?

All individuals who need an agent ID card per rule, including contractors, should begin applying for their cards once the licensee requests commencement inspection.

Does Missouri prohibit publicly traded companies from owning medical marijuana facilities?

No. However, Missouri medical marijuana facilities cannot be owned, in whole or in part, by an individual who has a disqualifying felony offense. At the time of application, applicants must attest that the facility complies with this requirement, and there is no exception for individuals who own a very small part of a facility.

Do cultivation, manufacturing, testing, and dispensary facilities need to apply separately for a transportation certification?

In most cases, no. The authority to transport from one type of facility to certain other facilities is inherent in each license/certification. The definitions for each facility type indicate to which facilities that facility type may transport marijuana. If a facility wishes to transport to any entity or person not listed in the applicable definition, the facility will need to apply for a transportation certification. All facilities, whether transporting under a transportation certification or another facility type license/certification, are subject to the operational requirements in the transportation rule.

Are medical marijuana facilities prohibited from using certain words in their business name?

Yes. No person/business shall carry on, conduct or transact a business under a name which contains as part of the name the words “pharmacist”, “pharmacy”, “apothecary”, “apothecary shop”, “chemist shop”, “drug store”, “druggist”, “drugs”, “consultant pharmacist”, or any word of similar or like import, unless the place of business is supervised by a licensed pharmacist.

Once I obtain a facility license, can I change its location?

Yes, but only if the original location is no longer possible for the facility and the DHSS approves the request.

What changes to a facility require Department pre-approval?

No facility may assign, sell, lease, sublicense or otherwise transfer its license/certification to any other facility without DHSS approval.

No facility may make any changes to the ten percent or more of the ownership interests of the facility without DHSS approval.

No facility may materially deviate from the proposed physical design of the facility, including its location, without DHSS approval.

No facility may combine licensed facilities in a single location without DHSS approval.

If a patient explicitly says that they are purchasing 1 gram of distillate to make edibles at home for personal consumption, does that violate DHSS rules in any way? Is the facility or agent required to notify the DHSS?

The medical marijuana product label is required to list the instructions for use. The facility may educate the patient on risks associated with foregoing the product’s intended use. However, neither the facility nor the agent is required to notify the DHSS. Any patient or caregiver who chooses to administer a product differently than instructed is assuming that risk.

Missouri Cannabis License Types

Cultivation Facility

The number of cultivation facility licenses will be limited to sixty (60) unless the department determines the limit must be increased in order to meet the demand for medical marijuana by qualifying patients. A facility license will be issued for a single facility in a single location. Combinations of licenses at the same location must be approved pursuant to 19 CSR 30- 95.040(4)(C).

Currently no new cultivation applications are available. A list of fees can be found here.  Some fees are subject to finalization of rules

Testing Facilities

The number of testing facility certifications will be limited to ten (10) unless the department determines the limit must be increased in order to meet the demand for medical marijuana by qualifying patients.

Testing facilities shall maintain all sampling and testing records for five (5) years; and testing facilities may only transport medical marijuana

  1. That the facility intends to test;
  2. From cultivation, dispensary, manufacturing, and other testing facilities;
  3. If the facility complies with the requirements of 19 CSR 30-95.100(2).

Dispensary Facility

The number of dispensary facility licenses will be limited to one hundred ninety-two (192) unless the department determines the limit must be increased in order to meet the demand for medical marijuana by qualifying patients.

Dispensary facility licenses will be limited to twenty-four (24) in each of the eight (8) United States congressional districts in the state of Missouri as drawn and in effect on December 6, 2018. A map of the state of Missouri showing the applicable boundary lines of Missouri’s congressional districts will be available on the department’s website.

A facility license will be issued for a single facility in a single location. Combinations of licenses at the same location must be approved pursuant to 19 CSR 30- 95.040(4)(C)

Transportation Facility

The department will certify all transportation facilities that can demonstrate they meet minimum standards as described in 19 CSR 30-95.025(4)(A). 

A facility license will be issued for a single facility with a single, primary place of business. Combinations of licenses at the same location must be approved pursuant to 19 CSR 30-95.040(4)(C).

  • Only required to fill out information on the online registry.
  • The online Medical Marijuana Registry indicates that you must attach Worksheets 1-17 in order to complete the Transportation application process. Transportation applicants do not need to fill out any of the worksheets, however you will need to upload a document in the Documents Tab for Worksheets 1-17 for the on-line system to process your application. Any document including a blank document can be uploaded. We apologize for any inconvenience as we work to update the on-line registry.

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