On November 6, 2018, voters in Missouri approved Amendment 2, which legalized medical marijuana. The Missouri Department of Health and Senior Services has responsibility for overseeing and implementing the provisions of Amendment 2.
While program rules are still subject to change, the information included in Amendment 2 provides the basic regulations you need to follow if you want to work or own a business in Missouri’s medical marijuana industry.
To help you get a better understanding of those rules below is an introduction to the laws governing Missouri’s medical marijuana program as of 1/10/19:
Commercial Grower (Cultivator) Licensing Regulations
Applicants for commercial grower licenses in Missouri are required to pay a $10,000 application fee. In addition, licensed cultivators must pay an annual fee of $25,000 per year. Cultivation licenses must be renewed every three years. The fee charged for the first renewal is $10,000, and the fee charged for all subsequent renewals is $5,000.
Keep in mind, Amendment 2 states that application and license fees will change by the percentage of increase or decrease from the end of the previous calendar year of the Consumer Price Index. According to the U.S. Department of Labor, “The Consumer Price Index is a measure of the average change over time in the prices paid by urban consumers for a market basket of consumer goods and services.”
In the past 10 years, the Consumer Price Index has increased as much as 3.8% and decreased as much as -0.4%, which gives you an idea of what Amendment 2 might mean in terms of changes in Missouri’s medical marijuana application and license fees in future years.
Anyone applying for a cultivation license in Missouri can apply for multiple licenses, but each facility needs its own license. Furthermore, no more than three licenses will be issued to an entity that is under substantially common control, ownership, or management.
Applicants will also be required to adhere to plant and canopy space limitations. According to Amendment 2, indoor facilities using artificial lighting may be limited to 30,000 square feet of flowering canopy space, and outdoor facilities using natural light may be limited to 2,800 flowering plants. Licensees with indoor and outdoor facilities using both artificial and natural light may also be limited to 2,800 flowering plants or 30,000 square feet of flowering canopy.
Dispensary Licensing Regulations
To obtain a medical marijuana dispensary license in Missouri, you must apply for a different license for each facility and no more than five licenses will be granted to an entity that is under substantially common control, ownership, or management.
The application fee is $6,000. Licenses must be renewed every three years with the first renewal fee set at $6,000, and the renewal fee due every three years after that will be $3,000. In addition, dispensary licensees will be charged an annual fee of $10,000 per facility.
Like cultivation licenses, medical marijuana dispensary license fees will increase or decrease every year based on changes in the Consumer Price Index.
Delivery Licensing Regulations
Transportation certificates will be required to transport marijuana between licensed medical marijuana establishments. Complete transportation guidelines haven’t been released by the Department of Health and Senior Services as of this article’s publication date.
Patient Medical Marijuana Card Qualifications
Missouri residents age 18 and older can obtain a medical marijuana card if they obtain a physician certification signed by a physician who believes in his or her professional opinion that the patient suffers from the condition of, symptoms related to, or side-effects from a qualifying condition. Non-emancipated minors can obtain medical marijuana certifications with a parent or legal guardian’s written consent. All qualifying patients are required to obtain new certifications every year.
The qualifying conditions listed in Amendment 2 are:
- Cancer
- Epilepsy
- Glaucoma
- Intractable migraines unresponsive to other treatments
- A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including but not limited to multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome
- Debilitating psychiatric disorders if diagnosed by a state licensed physician, including but not limited to post-traumatic stress disorder (PTSD)
- Human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS)
- A chronic medical condition normally treated with a prescription medication that could lead to physical or psychological dependence when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication
- Any terminal illness
- Any other chronic, debilitating, or other condition (in the physician’s professional judgment), including but not limited to hepatitis C, amyotrophic lateral sclerosis (ALS), inflammatory bowel disease (IBS), Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia, and wasting syndrome
To obtain a medical marijuana card, qualifying patients must submit an application with a physician certification that is less than 30 days old to the Department of Health and Senior Services for a fee of $25. The application, new physician certification, and $25 fee must be submitted annually for a patient to keep their card. Like cultivation and dispensary licenses, this fee could increase or decrease each year based on the Consumer Price Index.
Possession Regulations
Public consumption of medical marijuana is not allowed in Missouri. Qualifying patients may possess up to four ounces of dried, unprocessed marijuana or its equivalent. However, if a patient has a written certification from two independent physicians that says the patient needs more, then the four ounce limit won’t apply. Furthermore, patients can possess up to a 60-day supply of dried, unprocessed marijuana or its equivalent at their residence.
Patients who cultivate marijuana for their own medical use may possess up to 90-day supply as long as the supply doesn’t leave their property or control. Caregivers can possess a legal limit for themselves (if they’re qualifying patients) and separate legal limits for each patient under their care.
Marijuana possession by qualifying patients or caregivers of between the legal limit and twice the legal limit subjects them to Department sanctions, which include an administrative penalty and loss of their medical marijuana cards for up to one year. Possessing more than twice the legal limit is punishable by up to one year of prison and a fine of up to $2,000.
Non-residents who have valid medical marijuana cards from other states may possess Missouri’s legally allowed limit of marijuana.
Self-Cultivation Regulations
Qualifying patients with valid medical marijuana cards can obtain a separate card from the Department of Health and Senior Services that allows them to grow up to six flowering marijuana plants. The card is valid for a year and can be renewed with the annual submission of a new or updated physician’s certification. The fee for the card is $100 (paid annually), and the price may decrease or increase with the Consumer Price Index.
Self-cultivation must be done in an enclosed, locked facility that is equipped with security devices that permit access only by the patient or the patient’s primary caregiver. Two qualifying patients may share one enclosed, locked facility, but no more than 12 flowering marijuana plants may be cultivated in a single facility.
The only exception to this rule is for a primary caregiver who holds his or her own qualifying patient cultivation identification card in addition to acting as caregiver and growing for other qualifying patients. In this case, the caregiver may cultivate up to 18 flowering marijuana plants in a single enclosed, locked facility.
Caregiver Regulations
Caregivers must be 21 years of age or older and must designate the qualifying patient (or patients) on their primary caregiver’s application in order to obtain a caregiver identification card. The card must be renewed annually, and a $25 fee is required every year, which can fluctuate with the Consumer Price Index. A person can only serve as caregiver for up to three qualifying patients.
How to Learn More about Missouri Medical Marijuana Laws
In addition to the rules outlined above, cultivator, dispensary, and processor license applicants, as well as delivery certification applicants, must not have owners (in whole or in part), officers, directors, board members, managers, or employees who have a disqualifying federal offense. The only exceptions are if the conviction was for the use of medical marijuana or assisting in the medical use of marijuana, the conviction was for a non-violent crime that did not involve incarceration and is more than five years old, or more than five years have passed since the person was released from parole or probation and the person hasn’t been convicted of subsequent criminal offenses.
All cultivator, dispensary, and processor licenses must be held by entities that are majority owned by people who have been Missouri citizens for a minimum of one year. Entities outside of Missouri may own a minority stake.
It’s also important to keep in mind that local municipalities are allowed to implement stricter regulations, so it’s essential that you understand not just state laws but also local rules for medical marijuana businesses before you enter the industry.
To learn more about the complicated regulations and nuances in the Missouri medical marijuana industry so you can work and operate there with confidence (and without making mistakes that can cost you hefty fines, penalties, and your license), register for one of Leafy Green Agency’s upcoming Missouri seminars: