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.