Guidance Document- October 21, 2026
On October 21, 2026, the Division of Cannabis Regulation (DCR) issued a variance to align 19 CSR 100-1.160(1)(A)2 with section 195.900, RsMO, effective November 12, 2026, regarding the acquisition of plant material.
The variance permits licensees to acquire plants and other genetic material, such as tissue culture or pollen, containing not more than 0.3% total THC from entities outside of Missouri’s regulated cultivation licensees.
Under this change, all marijuana ultimately sold in Missouri must still originate from marijuana grown and cultivated in a Missouri-licensed cultivation facility as required under 19 CSR 100-1.100(1)(I). The new law allows licensees to import genetic material under 0.3% THC, but all further growth and cultivation must occur within the licensed facility under DCR’s regulatory framework.
Cannabis Plants
DCR will presume cannabis plants under two inches in height (above the root) contain no more than 0.3% total THC. Cannabis plants exceeding two inches in height will be presumed to be marijuana unless supporting test results demonstrate THC content is below the 0.3% total THC threshold.
Licensees are cautioned to ensure strict compliance. Acquiring any marijuana plant from a non-Missouri licensed entity, including cannabis plants over two inches in height that exceed 0.3% total THC, is considered inversion of marijuana. Inversion remains a core public-safety violation and may result in fines, suspensions, recalls, and other enforcement actions.
Seeds
Another important change in the new law is regarding seeds. Previously, seeds were considered hemp due to the presumption that their THC content would fall under 0.3% Delta 9 THC. Under section 195.900, seeds from a cannabis plant with a total THC concentration greater than 0.3% are considered marijuana, regardless of the THC content of the seed. This means it is a violation of state law to acquire seeds from marijuana plants originating outside of a Missouri licensed cultivation facility; unless the law changes again or relevant and contrary guidance is issued by other authorities, seeds from unlicensed entities will no longer be permitted.
Tracking
All marijuana plants and other genetic material must be entered into the statewide track and trace system on the same date they are physically received at the facility to comply with track and trace requirements. DCR is working with Metrc on system configurations that will allow licensees to introduce new genetics into their facilities without submitting a request to DCR. Additional information on these configurations will be provided as it becomes available.
Please contact your licensee’s compliance officer or CannabisCompliance@health.mo.gov if you have any questions.