Licensee Variance or Waiver Requests

A licensee or applicant may submit a request to vary from or waive a rule requirement. The Division of Cannabis Regulation (DCR) cannot grant a variance or waiver from Article XIV requirements.

Definitions

"Variance" means an alternate requirement from a rule or specific provision of a rule which, if approved by the department, allows a licensee to be considered compliant with the rule or specific requirement of rule by complying with the approved alternate requirement.1

“Waiver” a department exemption from compliance with a rule or specific provision of a rule which, if approved by the department, allows a licensee to be considered compliant with the exempted rule or specific provision of rule.2

Instructions

Waiver or Variance Request Form
Requests for a waiver or variance from the requirements of any provision of rule shall be made in writing.3 For medical or marijuana licensees, this requirement shall be met by the licensee or applicant completing the WAIVER OR VARIANCE REQUEST FORM.

Administrative and Processing Fee
All requests must be accompanied by payment for the administration and processing fee of one hundred dollars ($100).4

To remit payment, visit https://magic.collectorsolutions.com/magic-ui/Login/mo-health-senior-serv.

After clicking on the link to ‘Make a one-time payment’, choose the following options:

For medical licensees:

screenshot of the medical licensees section for payment category Medical and payment type Medical Variance/Waiver Hosted

For marijuana (non-medical) licensees:

screenshot of the non-medical licensees section for payment category Recreational and payment type Comprehensive Waiver/Variance HOSTED

Request Submission
The licensee or applicant will email the completed variance/waiver request form and the receipt for payment of the administrative and processing fee to: CannabisLicense@health.mo.gov.

Include in the Subject line: Licensee Name, License Number Variance/Waiver Request.

Note: If both the form and payment are not received, the request will be considered incomplete and may be denied.

Each request received will be reviewed based on the information provided, including the proposed good cause. DCR does not guarantee approval of a request and the licensee shall continue to meet established requirements while a request is pending. Requests to vary from a deadline should be submitted at least seven (7) days in advance of the deadline.

No waiver or variance request is approved unless DCR issues a written approval.5

For questions regarding variance or waiver requests, email CannabisLicense@health.mo.gov.

1 19 CSR 100-1.010(97) “Variance” means an alternate requirement from a rule or specific provision of a rule which, if approved by the department, allows a licensee to be considered compliant with the rule or specific requirement of rule by complying with the approved alternate requirement

2 19 CSR 100-1.010(98) “Waiver” a department exemption from compliance with a rule or specific provision of a rule which, if approved by the department, allows a licensee to be considered compliant with the exempted rule or specific provision of rule

3 19 CSR 100-1.020(1)(B) Requests for a waiver or variance from the requirements of any provision of rule shall be made in writing

4 19 CSR 100-1.020(1)(B)1 Requests shall include - 1. An administrative and processing fee of one hundred dollars ($100)

5 Per 19 CSR 100-1.020(1)(C) No waiver or variance request is approved unless the department issues a written approval.