Guidance Document- November 2, 2026
On April 23, 2026, the U.S. Department of Justice issued a Final Order transferring medical marijuana subject to a state license from Schedule I to Schedule III under the Controlled Substances Act ("Final Order”). This rescheduling applies only to cannabis activity conducted within the scope of an existing state regulatory framework.
The recent federal rescheduling of state licensed medical marijuana does not replace Missouri’s medical marijuana regulatory program. Instead, it adds federal requirements on top of the existing state framework, creating a dual layer system in which licensees must comply with both Missouri regulations and applicable federal obligations, if the licensee chooses to register with the DEA.
Under the Department of Justice’s Final Order, DEA registration now functions as the formal link between Missouri’s state regulatory structure and federal controlled substance law. Missouri licensees must continue operating exactly as they do today under state authority. Federal registration is dependent on maintaining state licensure. Therefore, where any potential conflict arises between state and federal expectations, it is imperative licensees work with the Department to ensure they remain in compliance with laws and regulations governing their state license.
For example, Missouri law currently does not authorize import, export, or interstate commerce of regulated cannabis. While licensees may receive such authorization via the federal registration process, exercising that authority will not be possible until Missouri updates its rules and infrastructure to align with federal changes.
Licensees should ensure their operations remain fully within authorized state activities as they prepare for future federal compliance requirements.
Licensees Must Continue Operating Under the Existing Missouri State Framework
Under Missouri regulations, licensees must continue to adhere to:
- All product tracking requirements in the statewide track and trace system.
- State testing standards, including laboratory certification requirements and compliance with DHSS-approved methodologies.
- Visitor and facility access rules, including sign in procedures, restricted areas, and escorted access.
Import, Export, and Interstate Commerce
Although the Final Order amends federal regulations to allow DEA registrants to receive authorization for Schedule III marijuana products, Missouri regulations do not yet include a framework either for import or export of cannabis or for transport of cannabis across state lines.
Under current regulations, such activities are prohibited and treated as:
- Diversion – distribution of Missouri-regulated cannabis product outside the authorized system
- Inversion – unauthorized incorporation into the Missouri-regulated market of cannabis product from outside the Missouri-regulated market
DHSS will issue further guidance when rules and infrastructure are updated to operationalize any federal changes in this area, if applicable.
Information Disclosure Restrictions
Licensees should review all applicable confidentiality and disclosure laws, particularly Article XIV, 19 CSR 100, and HB 2641, which contains new confidentiality provisions that will be effective November 11, 2026.
DEA Inspections and Visitor Rules
Under Missouri regulations, DEA agents may enter licensed Missouri facilities for legitimate business purposes, including inspections, audits, or diversion investigations. Agents must present proper credentials.
Missouri facilities must:
- Apply existing Missouri visitor rules to DEA agents, including check in procedures and escorted access.
- Treat DEA inspections as official regulatory visits while continuing to meet all state security and access control requirements.
Licensee Responsibilities Moving Forward
- Continue operating within the authority granted under Missouri regulations.
- Avoid any import, export, interstate commerce, or other activity removing Missouri-regulated product from the regulated system until Missouri rules are updated.
- Maintain full compliance with track‑and‑trace, testing standards, visitor rules, and recordkeeping.
- Protect confidential information from unauthorized disclosure, as required by the Missouri Constitution, statutes, and regulations.
Additional Guidance
DHSS will issue updates as federal and state requirements evolve. For questions, contact:
Missouri DHSS – Division of Cannabis Regulation
CannabisCompliance@health.mo.gov