Adult Use FAQs

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Adult Use

• When will adult-use marijuana be available to consumers?
• Beginning December 8, 2022, consumers will be allowed to legally possess up to 3 ounces of marijuana.  However, marijuana will not be available for consumers to purchase in a Missouri licensed dispensary facility until medical facility licensees convert their licenses to comprehensive facilities.
  On December 8th, 2022 the department will begin accepting requests for existing medical facility licensees to convert to a comprehensive facility. Because the department has 60 days from receipt to approve those requests, adult-use product could be available as early as February 2023. Once approved, it is up to each comprehensive dispensary to decide when it will begin selling marijuana for adult use. Check with your local licensed dispensary on when it will begin selling to consumers.  More information will be made available on the department’s website.   Please check back periodically for announcements - http://cannabis.mo.gov
• When will the department be accepting new medical or comprehensive facility license applications?
  • Because existing medical licenses can convert to comprehensive licenses, which can sell marijuana to both patients and consumers, no new medical or comprehensive license applications will be accepted at this time.  When the department begins accepting any new facility applications, application periods will be publicly announced on our website at least six months in advance. Please use this link to periodically check for announcements that pertain to future application periods - https://health.mo.gov/safety/cannabis/facilities.php
• Consumer Personal Cultivation
  • The department will begin accepting applications for consumer personal cultivation as soon as February 6th, 2023. Once approved, this will allow authorized persons who are at least twenty-one years of age to cultivate plants for personal, non-commercial use within an enclosed locked facility. More information will be made available on the department’s website. Check back periodically for announcements - http://cannabis.mo.gov
• Who is considered a consumer?
  • A consumer is someone who is at least twenty-one years of age.
• When can I apply to convert my medical license to a comprehensive license?
  • Applications for conversion will be accepted beginning December 8, 2022. Information on the application process is found here:
    https://health.mo.gov/safety/cannabis/facility-conversion.php
• Do medical marijuana testing or transportation licensees need to apply to convert to a comprehensive license?
  • No. Certified medical marijuana testing and medical marijuana transportation licensees will automatically convert to marijuana testing and marijuana transportation licensees on December 8, 2022. At that point in time, testing and transportation licensees will have the ability to provide support for all marijuana license types.
• When will the department be accepting microbusiness facility license applications?
  • The department will begin accepting microbusiness facility license applications on or before September 4, 2023. Application forms will be made available no later than June 6, 2023.
• I am not a qualifying patient.  Can I grow my own marijuana?
  • Consumers with an approved consumer personal cultivation identification card will be authorized to cultivate plants for personal, non-commercial use within an enclosed locked facility at their residence.
• When can I apply for my consumer personal cultivation identification card?
  • The department will begin accepting applications for consumer personal cultivation as soon as February 6, 2023.  More information will be made available on the department’s website. Please check back periodically for announcements - http://cannabis.mo.gov
• Differences in the medical program versus adult use program
  • As of December 8th, 2022 – all approved patient ID card holders will be allowed a standard allotment of 6oz (or more based on physician recommendation) within a thirty day period, with medical purchases at a 4% tax rate.
    Adult-use marijuana may be purchased by consumers who are at least twenty-one years of age. Up to 3 ounces may be purchased in a single transaction, and consumers may be in possession of up to 3 ounces of marijuana at any time. Adult-use purchases will be taxed at 6% in addition to any local taxes.
• General Changes to Facility Licenses
  • On December 8th, 2022 the department will begin accepting requests from existing medical facility licensees to convert to a comprehensive facility. The department has 60 days from receipt to approve those requests. Once approved, comprehensive facilities will be allowed to sell marijuana to patient ID cardholders, primary caregiver ID cardholders, and adults over 21.
• What will be required for a consumer to make a purchase from the dispensary for adult use?
  • Consumers will be required to present a valid government issued photo ID when purchasing adult use products at a dispensary.
• Change in application fees
  • Patient/Caregiver ID application fees will remain the same. However, as of December 8th, 2022, under new law, patient/caregiver cultivation ID application fees will be reduced to $50. An updated fee schedule is available on the department’s website.  Please check back periodically for current application fees - https://health.mo.gov/safety/cannabis/fee-schedule-pi.php
• Change to Agent ID Fingerprint requirement
  • As of December 8th, 2022, potential facility employees will still be required to apply for an agent ID, but agent ID card applicants will no longer be required to submit fingerprints for a criminal history record check as part of their applications. Owners with a financial or voting interest in at least 10% of a medical or marijuana facility will still need to submit fingerprints for a criminal history background check.
• What is a microbusiness facility?
  • A microbusiness facility refers to either a microbusiness dispensary or a microbusiness wholesale facility, both of which conduct operations related to marijuana for medical and adult use. A microbusiness is different from a medical or comprehensive facility because it is designed to provide a path to facility ownership for individuals who might not otherwise easily access that opportunity, such as those with a net worth of less than $250,000 or veterans with a service-connected disability. In order to qualify for a microbusiness facility license, applicant entities shall be majority owned by individuals who each meet at least one of a number of qualifications set forth in the Constitution.
• What is a microbusiness dispensary facility?
  • A microbusiness dispensary facility is a licensed microbusiness facility where marijuana is dispensed for medical and adult use. Microbusiness dispensaries may only acquire product from and sell product that was produced by microbusiness wholesale facilities.
• Does the Department require zoning verification from localities prior to approving converted licenses, similar to what was required for medical facilities?
  • No. Local zoning verification is not part of the Department’s conversion application process. Compliance with local zoning will be necessary after conversion, and any situations of zoning updates will be addressed on a case by case basis throughout these transitions. Because Article XIV includes provisions about local zoning of comprehensive facilities, we encourage you to reach out to your local government for compliance with any such zoning requirements.
• What is a microbusiness wholesale facility?
  • A microbusiness wholesale facility combines the concepts of a cultivation facility and a manufacturing facility to serve both the medical and adult use communities. A microbusiness wholesale facility may engage in all or only a subset of the activities approved under its license. If cultivating, microbusiness wholesale facilities may cultivate up to two hundred and fifty flowering plants at a time. Microbusiness wholesalers may only sell product to microbusiness dispensary facilities.
• Are dispensaries required to scan patient identification cards for every sale?
  • Not until May 3, 2023. 19 CSR 100-1.180(2)(D)2.D requires that dispensaries scan patient and caregiver identification cards (and eventually consumer cultivation licenses) at the time of purchase. The Department is waiving this requirement until May 3, 2023.
• The new regulation requires that all dispensary, cultivation, and manufacturing employees must be 21 years of age or older. Do we need to terminate current employees under the age of 21?
  • No. Current employees under the age of 21 may keep their agent id and continue working at any licensed facility. Beginning February 3, 2023, all new facility agents must be twenty-one (21) years of age or older.
• I am an owner of a current licensed cannabis facility. Can I also be an owner of a microbusiness license?
  • No. Article XIV prohibits an entity or individual from being an owner of both a microbusiness and a licensed marijuana or medical facility.
• What does the State of Missouri do with the revenue from cannabis sales?
  • By law, sales tax proceeds from adult-use cannabis sales will first go to the Department to operate the program. The remainder will go towards governmental entities to carry out expungement of certain marijuana offenses; the Missouri veterans commission for health care and other services for veterans; the Missouri public defender system to provide legal assistance to low-income Missourians; and local governments if the local government taxes cannabis sales.

Medical Program Changes

• Who can certify a qualifying patient for medical marijuana in Missouri?
• Qualifying patients may be certified by an MD, DO or a nurse practitioner who is licensed and in good standing with the state of Missouri.
• Do I need proof of Missouri residency to apply for a Missouri medical marijuana patient ID?
  • No, the new law no longer requires proof of Missouri residency within the patient application process.
• How many approved caregiver ID cards can one individual hold?
  • The new law allows for an individual to be a licensed caregiver for up to six (6) separate patients.
• Can I still apply for a medical marijuana ID card?
  • Yes, pursuant to Section 1 of Article XIV, the department will continue issuing ID cards to qualifying patients. Information on how qualified patients can apply is available on the department’s website - https://health.mo.gov/safety/cannabis/
• What documentation is required to apply for a patient ID card?
  • All applications require a physician or nurse practitioner certification, less than 30 days old, submitted on behalf of the qualifying patient; a legible copy of the qualifying patient’s government-issued photo identification card; and a clear, color digital photo in which the applicant’s face can be clearly seen. The digital photo must show a clear image of the applicant’s full face, from the shoulders up, without filters, hats, sunglasses, or other things that distort the image. This image will appear on the approved ID card.
    Additional information can be found on the department’s website – https://cannabis.mo.gov
• What documentation is required to apply for a caregiver ID card?
  • All caregiver applications require a legible copy of the primary caregiver’s government-issued photo identification card; a clear, color digital photo in which the applicant’s face can be clearly seen; and either a completed patient authorization form or written consent of the parent or legal guardian who will serve as the qualifying patient’s primary caregiver. The digital photo must show a clear image of the applicant’s full face, from the shoulders up, without filters, hats, sunglasses, or other things that distort the image. This image will appear on the approved ID card. The patient authorization form is available on the department’s website - https://health.mo.gov/safety/cannabis/patient-services.php

ID Card Expiration Date Changes

• How long are medical marijuana ID cards valid?
• Patient, caregiver, and patient or caregiver cultivation applications processed on or after December 8, 2022 will be approved for 3 years. ID cards approved before that date will be valid for one year. Upon the next approved renewal after December 8, 2022, the ID cards will be valid for 3 years.
  The fee for cultivation applications will change to $50.00.
• Will existing license expiration dates be extended?
• No. ID cards approved or renewed before December 8, 2022 will retain their existing expiration dates. ID cards approved or renewed on or after December 8, 2022 will be valid for three years.
• How long are consumer cultivation cards valid?
• A consumer personal cultivation identification card is valid for 12 months from its date of issuance and is renewable.

Unchanged Rules

• Are patients still required to obtain a new physician certification form with their renewal application?
  • Yes, Patients will be required to obtain a new physician or nurse practitioner certification form to submit with their patient renewal application. Certification forms must be submitted by an MD, DO, or nurse practitioner who is licensed and in good standing with the state of Missouri.
• Will patient application fees increase with the amendment changes?
  • Regular patient and caregiver application fees are charged consistently with the previous law, but the approved ID card will be valid for 3 years instead of the previous 1 year. The price of a regular patient and caregiver card is adjusted with changes to the Consumer Price Index.
  • Patient and caregiver cultivation fees will be reduced from $100 (currently $110.99 after CPI adjustments) to $50 per application, to be adjusted with changes in the Consumer Price Index.
  • A fee schedule is available on our website - https://health.mo.gov/safety/cannabis/fee-schedule-pi.php
• Do patient certification forms still need to be submitted to the department within 30 days as part of a completed patient application?
  • Yes. Once the certifying medical professional has submitted a certification form, the qualifying patient must then register and complete a patient application through the registry portal. This patient application must be submitted to the department within 30 days of the medical professional's signature date on the form.
• Will the department be mailing physical ID cards?
  • No. The department will not be mailing physical cards. It is the ID card holder’s responsibility to download and print their approved ID from the registry portal.
• How long does it take for a submitted patient or caregiver application to be processed?
  • The department has 30 days to process patient and caregiver applications. Applications are processed in the order they were received.
• Are tax rates for medical marijuana changing?
  • The tax rate for medical marijuana purchases will remain at 4%.
  • The state tax rate for adult-use marijuana purchases will be 6%.Local governments may impose an additional sales tax of up to three percent.
• Can an individual have a patient cultivation ID card without first having a patient ID card?
  • No. The patient ID application must be approved before a patient cultivation ID application may be submitted.
• Where do all the taxes from sales go?
  • By law, proceeds from adult-use marijuana sales will go towards:
  • governmental entities needed to carry out expungement of certain marijuana offenses
  • the Missouri veterans commission for health care and other services for veterans
  • the Missouri public defender system to provide legal assistance to low-income Missourians
  • local governments if the local government taxes marijuana sales
  • grants recipients

Timeline

• November 8, 2022 | Vote on amendment 3 ballot measure.
• December 8, 2022 | Patient, caregiver, and medical cultivation changes go into effect.
  • All current active patients’ allotment will change from 4oz to 6oz per month.
  • Patient applications processed as of this date and forward will be valid for 3 years.
    • Current ID card holders will retain their existing expiration dates, which will not change due to Amendment 3 passing.
• January 7, 2023 | Personal Cultivation application form will be posted to the department’s website.
• February 6, 2023 | Personal Cultivation for adult use applications accepted.
• June 6, 2023 | Department will post license application forms and instructions for marijuana microbusiness facilities.
• September 4th, 2023 | Department will begin on or before September 4th to accept microbusiness applications.
  • Information regarding the microbusiness application process will be made available ASAP on the website.

Consumer and Patient Possession Limits

• Patient/Caregiver Purchase and Possession Limit
  • Under the new law, an approved Patient ID card holder, or a Caregiver ID card holder on behalf of a licensed patient, may purchase up to 6 ounces of dried, processed marijuana or its equivalent within a 30-day period, unless a physician or nurse practitioner certifies the patient for a greater amount.  A patient ID card holder, or caregiver ID card holder on behalf of a licensed patient, may be in possession of up to a 60-day supply (12 ounces, unless the patient has a physician or nurse practitioner certification authorizing more than 6 ounces in 30 days).
• Can qualifying patients be certified for more than 6 ounces?
  • Yes. Qualifying patients may be certified for more than 6 ounces if their certifying physician or nurse practitioner determines that there is a compelling reason to do so, and certifies the higher amount on the certification form.
• Patient Cultivation Possession Limit
  • Under the new law, approved Patient ID card holders who are cultivating marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf, may be in possession of up to a 90-day supply of dried, unprocessed marijuana or its equivalent, as long as any amount in excess of the patient’s 60-day supply remains in an approved enclosed, locked facility
• What are possession limits of an approved caregiver ID card holder?
  • Approved caregiver ID holders may possess a separate legal limit for each qualifying patient under their care, for up to 6 patients; and a separate legal limit for themselves if they are a qualifying patient.  All marijuana in the caregiver’s possession shall be stored separately for each qualifying patient and labeled with the qualifying patient’s name.
    
    The legal limit for any licensed qualifying patient is a 60-day supply, unless that patient or the primary caregiver on behalf of that patient is licensed to cultivate.  Approved cultivators may be in possession of up to a 90-day supply of dried, unprocessed marijuana or its equivalent, as long as any amount in excess of the patient’s 60-day supply remains in an approved enclosed, locked facility.
• Consumer Purchase and Possession Limit
  • A consumer may purchase up to 3 ounces in a single transaction, and be lawfully in possession of up to 3 ounces of dried, processed marijuana or its equivalent.
• Consumer Personal Cultivation Possession Limits
  • Consumer personal cultivation ID card holders must keep any amount of cultivated marijuana above their allowed 3 ounce possession limit at their residence in an approved enclosed, locked facility.

Consumer and Patient Cultivation

• Can I be authorized for both personal cultivation and patient cultivation?
  • No. Patients/consumers will only be authorized to have one cultivation authorization.
• Are patients still required to obtain a new physician certification form with their renewal application?
  • Yes, Patients will be required to obtain a new physician or nurse practitioner certification form to submit with their patient renewal application. Certification forms must be submitted by an MD, DO or nurse practitioner that is licensed and in good standing with the state of Missouri. However, the new law only requires patient ID card renewal every 3 years.
• Will application fees increase with the amendment changes?
  • Some application fees have changed. A fee schedule is available on our website - https://health.mo.gov/safety/cannabis/fee-schedule-pi.php.
• Do physician or nurse practitioner certification forms still need to be submitted to the department with a completed patient application within 30 days of the date on the form?
  • Yes. Once the certifying medical professional has submitted a certification form, the qualifying patient must then register and complete a patient application through the registry portal. This patient application must be submitted to the department within 30 days of the medical professional's signature date on the form.
• Will the department be mailing physical ID cards?
  • No. The department will not be mailing physical cards.  It is the ID card holder’s responsibility to download and print their approved ID from the registry portal.
• How long does it take for a submitted application to be processed?
  • The department has 30 days to process patient and caregiver applications.  Applications are processed in the order they were received.
• Are tax rates for medical marijuana changing?
  • No. The tax rate for medical marijuana purchases will remain at 4%.
• Can an individual apply for a patient cultivation ID card without first having a patient ID card?
  • No. The patient ID card is required to apply and be approved for a patient cultivation ID card.
• How do medical professionals become approved to certify patients?
  • Certifying Medical Professionals must register and verify with the department prior to submitting certification forms.

Additional Patient and Consumer Protections

• Can I be a patient or consumer if I am on Probation/Parole?
  • Sections 1 and 2 of Article XIV provide certain protections for patients and consumers on probation/parole, or other state supervision, that are outside of the department’s authority and  subject to  the agencies with jurisdiction, and the courts, to make those decisions.
• Can employers have policies related to employing patients and consumers who use marijuana?
  • Sections 1 and 2 of Article XIV provide certain protections for patients and consumers for employment-related issues that are outside of the department’s authority and subject to agencies with jurisdiction over employment-related issues.  Please consult with an attorney on your specific circumstances.
• Does the new law include any provisions for de-criminalization of certain marijuana related offenses?
  • Yes. It includes a provision to allow persons with certain marijuana-related non-violent offenses to petition for release from incarceration or parole and probation and have records expunged.  Please consult with your legal counsel on whether this may apply to your situation.