Facility FAQs

Facility Licensing and Certification

General Changes to Facility Licenses

On December 8, 2022, the department began 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 licenses will be allowed to sell marijuana to patient ID cardholders, primary caregiver ID cardholders, and adults that are at least twenty-one (21).

What marijuana licenses or certifications can I apply for currently?

The Department will only accept applications during an application time period. Application time periods will be announced on the Department’s website
Transportation and seed to sale applications are the only facility applications that are currently open.

How do I submit my Transportation facility application?

All Transportation applications will be submitted utilizing the secure, online registry system

How do I submit my Seed-to-Sale application?

Go to the online Seed-to-Sale Application page for the application and instructions on how to apply for a Seed-to-Sale Certification.

Can I mail or hand deliver my Transportation facility application?

No. Transportation facility license/certification applications must be submitted to the Department through the secure, online registry system.

Do cultivation, manufacturing, testing, and dispensary facilities need to apply separately for a transportation certification?

In most cases, no. The authority to transport from one type of facility to certain other facilities is inherent in each license/certification. However, the licensee may only transport for their license and not for or on behalf of other licenses. The definitions for each facility type indicate to which facilities that facility type may transport marijuana. If a facility wishes to transport to any entity or person not listed in the applicable definition, the facility will need to apply for a transportation certification. All facilities, whether transporting under a transportation certification or another facility type license/certification, are subject to the operational requirements in the transportation rule.

What is the process for surrendering a Missouri marijuana facility license or certification?

The Primary Contact listed in the On-line Registry Portal (Complia) for the licensee desiring to surrender their license or certification is requested to provide an affidavit confirming the following:

The action to surrender is supported by all owners, officer, directors, etc., who have authority over the facility application or license;
The Primary Contact is legally authorized to act on behalf of the licensee or applicant entity for purposes of the withdrawal/surrender request; and
Acknowledgement that any fees previously remitted are non-refundable.

The requested affidavit should be emailed to the facility’s assigned Business Service Specialist or CannabisLicense@health.mo.gov . The Department of Health and Senior Services, Division of Cannabis Regulation will issue a letter confirming acceptance of the surrender and provide any additional information related to the deactivation of the account as applicable.

Does the Primary Contact have to sign the Letter of Acceptance?

The Primary Contact is not required to sign the Facility License Letter of Acceptance. However the person signing the Letter of Acceptance must be someone with authority to make commitments on behalf of the facility, such as an owner, manager, or individuals under contract with the applicant entity. If there is a question regarding who may sign the letter, send an e-mail to CannabisFAS@health.mo.gov

Facility License Renewal

When do I need to renew my facility license?

Renewal requests must be submitted at least thirty (30) days, but no sooner than ninety (90) days, prior to expiration.
Renewal requests must be submitted along with a processing fee, regardless of a licensee’s operational status or whether they have a change request in progress.

Do I have to remit both a renewal fee and annual fee in the third year of the facility license renewal?

Yes, the renewal fee is due at the time the licensee submits the renewal request. The annual fee is due within thirty days of the licensee’s issuance month/day every year as long as the license is active.

What happens if I don’t request renewal of my license by the deadline?

Applications that are not submitted through Online Registry Portal 30-90 days prior to license expiration will not be considered compliant. Licenses may expire or be suspended or revoked if the license is not renewed by the expiration date. In addition, if the licensee fails to submit their renewal within 30 days of expiring, the renewal may not be processed before the license expires. Once a license expires, the entity may no longer operate and must immediately cease operations.

What is required to renew my facility license?

Per 19 CSR 100-1.060, renewal requests shall be accompanied by a nonrefundable renewal fee. Except for good cause, a renewal request will be granted unless the licensee is not in good standing.

Will I be contacted when my license is within 90 days and 30 days of expiring?

The Department will not contact licensees individually to alert them to their renewal deadlines. Each licensee is responsible for timely and complete submission of a renewal request within the renewal period per 19 CSR 100-1.060. Licensees are encouraged to contact their Licensing Specialist with questions or concerns regarding the renewal request process in order to ensure timely submission.

Will the Department approve all renewals for a facility type at one time, or will approvals happen as soon as DHSS completes each individual review?

Approval will happen upon completion of individual review for each license. However, the new expiration date upon renewal will be three years from the current expiration date, not three years from the date of approval of the renewal application.

How do I pay my renewal fee?

Fees should be remitted at time of renewal request submission via the On-line Registry Portal (Complia). Applicants should refer to the submission instructions to ensure successful redirection to third party payer website. The Department will not consider a renewal request complete or begin reviewing the request in absence of the required fee.

Does each licensee have to provide a separate renewal fee if the facilities are approved to share space or if licensees share the same ownership structure?

Yes. Each licensee must provide separate renewal fees regardless if the licensee shares space or has a shared ownership structure. Each individual licensee must request renewal and will be evaluated independently of other licenses.

Comprehensive Licenses

What is a comprehensive facility license?

It is a license that permits marijuana facility to participate in both the medical and adult-use marijuana markets. Existing medical licensees may apply to the department to convert to a comprehensive licensee.

When can I apply to convert my medical facility license to a comprehensive facility license?

Applications for conversion will be accepted beginning December 8, 2022. Information on the application process is found here: Facility Conversion To Comprehensive License Requests

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 were automatically converted to marijuana testing and marijuana transportation licensees on December 8, 2022.

When will the department be accepting new medical or comprehensive facility license applications?

Pursuant to Article XIV, existing medical licenses can convert to comprehensive licenses and sell marijuana to both patients and consumers, but no new medical or comprehensive license applications will be accepted for at least 548 days after the first converted comprehensive licenses are issued. If the department begins accepting new medical or comprehensive facility applications, application periods will be publicly announced on our website at least six (6) months in advance. Please use the Facility Licensing and Compliance link to periodically check for announcements that pertain to future application periods

Fees and Taxes

How are federal taxes addressed for medical and marijuana facilities?

The Department does not have any recommendations for federal tax preparation. Please contact the IRS, your attorney, or accountant for federal tax advice.

When is the application fee due for a transportation or seed-to-sale license certification?

Entities must submit fees with their applications in order for the application to be considered complete. Submission of an application does not guarantee a license. Refer to the Fee Schedule for more information

What date do I use to calculate when the first annual fee is due for my license?

Annual license fees are due 30 days after licensure. The date of license is the date the licensee received its license approval notice from the Department. It is not the date on which the facility returned its acceptance letter.
For microbusinesses, the first annual fee will be due on the anniversary of their licensure and on the same date each year thereafter.

Will I receive a written notice when my first annual fee is due for my license or certification?

No, it is the licensee’s responsibility to submit the appropriate payment by the due date.

What are the annual fees due by facility type?

Refer to the Fee Schedule

How can I pay the annual fee for my facility?

Annual fee payments must be made through the on-line registry portal Registry Portal. If for some reason, this is not possible, email CannabisFAS@health.mo.gov for assistance.

What forms of payment will the Department accept?

The Department will accept electronic check, MasterCard, Visa, Discover, American Express and any gift card issued by those credit cards. If an entity cannot make payment utilizing these forms of payment please email CannabisFAS@health.mo.gov. Payments made outside of the Missouri on-line Registry Portal can be submitted at DHSS Magic Collector Solutions.

Building Requirements

Where can licensees find the HVAC codes and regulations for marijuana facilities?

HVAC requirements for all facility types are outlined in 19 CSR 100-1.100(4). In addition, cultivation and manufacturing facilities must also implement an odor control plan pursuant to 19 CSR 100-1.160(2)(B) for cultivation and 19 CSR 100-1.170(2)(A) for manufacturing. Manufacturing facilities that use volatile solvents must also install air handling systems and other controls designed to minimize the risks of explosions and fires per 19 CSR 100-1.170(2)(D).

Business Names, Signage and Advertising

Are there regulations and/or prohibitions regarding the use of a marijuana leaf on billboards?

There is no prohibition on use of a marijuana leaf in the advertising regulations in 19 CSR 100-1.100(5).

Are marijuana facilities prohibited from using certain words in their business name?

Yes. 338.260 RSMo states that no person shall carry on, conduct or transact a business under a name which contains as part of the name the words “pharmacist”, “pharmacy”, “apothecary”, “apothecary shop”, “chemist shop”, “drug store”, “druggist”, “drugs”, “consultant pharmacist”, or any word of similar or like import, unless the place of business is supervised by a licensed pharmacist.

How can a dispensary get approved to deliver marijuana to consumers and patients?

The Department must approve the licensee for delivery prior to the delivery of marijuana to consumers and patients. The licensee must notify the Department of its intent to begin delivery to allow the Department the opportunity to conduct an inspection to verify compliance with the transportation requirements of 19 CSR 100-1.140 and to determine an implementation deadline if such requirements have not been met.

Can facilities that have received Department approval to share space with another license later request to no longer share space?

Yes. Licensees may submit a request pursuant to 19 CSR 100-1.030(3).

Can dispensary facilities sell or distribute marijuana product to other dispensary facilities?

Yes. Dispensary facilities are permitted to sell or distribute marijuana product to other dispensary facilities pursuant to 19 CSR 100-180(1)(F), with the caveat that marijuana may only be transferred as follows:

From a medical dispensary to another medical dispensary;
From a comprehensive dispensary to either another comprehensive dispensary or to a medical dispensary; and
From a microbusiness dispensary to another microbusiness dispensary. See 19 CSR 100-1.140(2)(B)

Are dispensary facilities required to obscure any windows that provide a view of the sales floor?

Yes. Licensees may not allow the sale of marijuana product or marijuana accessories to be visible from a public place outside of the facility without the use of binoculars, aircraft, or other optical aids.
Further, facilities with windows in a limited access area must ensure either that the window cannot be opened and is designed to prevent intrusion or that the window is otherwise inaccessible from the outside, pursuant to 19 CSR 100-1.090(1)(H).
In addition, facilities with glass doors and storefronts must ensure that the glass is covered with security film or is shatterproof glass, pursuant to 19 CSR 100-1.090(1)(G).

Change Requests

What changes to a facility license requires the Departments approval before making the change?

Any transfer of a license/certification;
Ownership changes that would result in an overall change in ownership interests of fifty percent (50%) or more from the last approved ownership of the licensee;
Changes that would result in an individual becoming an owner of the licensed entity who was not previously an owner.
Activities such as occupy or utilize new space, share space with another licensee or change the use of space. See 19 CSR 100-1.030 for a full list.
Change the licensee’s facility location.

Once I obtain a facility license, can I change its location?

Yes, but only if the Department approves the request. See 19 CSR 100-1.

Commencement Inspection

What are the Department’s expectations for licensed dispensary facilities regarding seed-to-sale tracking systems during the physical Commencement Inspection?

Facilities will need to perform a mock sale in order to demonstrate that their chosen state certified seed-to-sale platform is operational and integrated into the statewide track and trace system.

How is a cultivation facility’s flowering canopy square footage calculated during the Commencement Inspection?

Flowering plant canopy space will be measured per 19 CSR 100-1.010(32),”… calculated in square feet and is measured from the outermost point of a flowering plant in a designated growing area and continuing around the outside of all flowering plants in that designated growing area and continuing around the outside of all flowering plants in that designated growing area, but not including space allocated for walkways or ancillary equipment. This space may be spread over a single level or multiple levels. If growing spaces are stacked vertically, each level of space shall be measured and included as part of the total flowering plant canopy space measurement. When measuring flowering plant canopy space before flowering plants are in the space, the square footage is calculated by measuring the facility-designated growing area, but not including space allocated for walkways or ancillary equipment.” The Department will use a standard measurement formula (length x width) to calculate square footage of areas containing flowering plants.

What is the Department’s guidance to licensed marijuana facilities in regard to submitting documentation of local and municipal safety and systems inspections related to the facility’s Commencement Inspection process?

Pursuant to 19 CSR 100-1, the Department expects licensed marijuana facilities to adhere to local and municipal regulations regarding those areas of their business subject to those regulations.

As part of the Commencement Inspection process, the Department asks that all licensed facilities provide documentation verifying compliance with state, local, and municipal regulations.

A list of required documentation can be found on the Facility Resources page.

Can licensed facilities complete the document inspection portion of the Commencement Inspection process while finishing up with preparations for the on-site inspection?

Yes. The Department currently asks that facilities submit all documentation within three (3) calendar days from the start of the Commencement Inspection process. We recommend having the documentation complete prior to requesting your Commencement Inspection.

What should licensees do regarding documentation requested during the Commencement Inspection process that local or municipal governments do not require or issue (e.g., zoning inspections, certificates of occupancy, etc.)?

If your local government does not require documentation or has provided an exception for certain requirements outlined in 19 CSR 100-1, the licensee should submit a letter from the governing body confirming they do not require such documentation or outlining the exemption from local ordinances in lieu of the requested document.

The Commencement Inspection Request documents require an Employee Hierarchy Chart to be provided. Should facilities include projected positions they intend to hire or just positions in place at the time of the Commencement Inspection?

Licensed facilities may submit either type of Hierarchy Chart as long as the position, any current employees’ names, and any current employees’ Agent ID numbers are listed. The Department will request updated organization charts at follow-up inspections.

How does a facility request a Commencement Inspection?

To request a Commencement Inspection, the facility’s Primary Contact shall send an email to CannabisCompliance@health.mo.gov with the following subject line: [Facility Name] [Facility License Number] Commencement Inspection Request. Visit the Medical Marijuana Resources web page for important Commencement Inspection readiness information.

Infused Product Manufacturing

What type of facility will be authorized to perform cannabinoid extractions in Missouri?

Extraction can only be performed by licensed marijuana-infused manufacturing facilities.

Does the Department require any labeling on the edible itself regarding THC content, dosage, or warnings similar to the requirements on the packaging?

No. THC content or other warnings required to be on the packaging are not required to be displayed on the edible itself.

What are the acceptable levels of variance regarding cannabinoid content in edibles? Ex., if a manufacturer produced a product with a target of 10 mg, but the product test reflected 9.5 mg, would the manufacturer be allowed to label the product as 10 mg?

The Department requires the label to display the exact amount of cannabinoid content as reported by the testing facility from mandatory testing results from testing of the final product. The licensee must ensure only a reasonable deviation exists between the approximate amount of THC listed on the packaging primary panel and the final tested amount. A reasonable deviation would include an amount of less than ten (10%) percent above or below the amount listed on the panel. The exact amount is to be used in the statewide track and trace system.

Are there any regulations regarding dosages per serving or container for marijuana infused products?

Yes. 19 CSR 100-1.120 requires marijuana product containers closest to the marijuana product to bear a label that includes the servings and doses per package.

Is there a maximum allowable dosage for THC-infused edibles, such as over 100% THC content?

There is no limit to the amount of THC per piece or dose for infused edibles as Article XIV prohibits any restriction or use of marijuana products based solely upon THC content. Packaging and labeling must indicate the amount of THC per dose. It would be impossible to have over 100% THC content.

What requirements does the Department have for the creation of capsules and tinctures or any marijuana product that will be orally consumed and digested?

Pursuant to 19 CSR 100-1.170(2)(C), all ingestible marijuana-infused products must comply with the applicable food safety standards set forth in 19 CSR 20. As such licensees are prohibited from producing frozen desserts, as defined by 19 CSR 20-1.030, or acidified foods, as defined by 19 CSR 20-1.042.” 19 CSR 20-1 Food Protection rule can be found at Missouri Secretary of State: 19 CSR 20-1 Food Protection.

Are marijuana manufacturers required to have a Department Manufactured Food Program food safety inspection prior to passing the marijuana Commencement Inspection?

No. However, the Department requires manufacturing facilities to cover applicable food safety standards in their Standard Operating Procedures (SOPs) to ensure compliance.

Are there commercial kitchen requirements for the manufacturing of any marijuana product that will be orally consumed and digested (i.e., capsules, tinctures, etc.)?

Manufacturing licensees that produce ingestible marijuana-infused products shall comply with the applicable food safety standards set forth in 19 CSR 20 and any relevant statutes controlling food safety standards. See 19 CSR 100-1.170(2) for more information.

Track and Trace

Odor Control

What is the certificate of compliance/letter of certification for odor control, and where can one be obtained?

During the commencement inspection process, cultivation and manufacturing licensees must provide verification to the Department that a professional engineer or certified industrial hygienist has reviewed the facility’s odor control plan and certified the plan as sufficient to effectively mitigate odors, pursuant to 19 CSR 100-1.160(2)(B) and 19 CSR 100-1.170(2)(A).

Are dispensary facilities required to have an odor control plan and inspection?

No. Only cultivation and manufacturing facilities must develop, implement, and maintain an odor control plan.

Security

Are continuous recording capabilities required pursuant to 19 CSR 100-1.090(1)(C)?

Yes. Video cameras are to provide continuous monitoring and must be capable of being accessed remotely at all times by the department or a law enforcement agency in real time. The use of motion detection as a method of continuous monitoring is not permitted where marijuana product is or will be present.
Facility licensees shall store recordings from the video cameras for at least sixty (60) days and must provide copies of the recordings to the department upon request.

Is key card loss or theft considered a reportable security malfunction, or could the facility just handle internally by deactivating the card?

The Department would not consider a lost or stolen key card as a reportable security malfunction. The Department would consider this act to be attempted theft if the loss or stolen key card was used to access the facility. An example of a reportable security malfunction would be a security camera losing connection.

What are battery backup requirements for licensed and certified facilities regarding security system video cameras and recording equipment?

The Department requires a battery backup capable of supporting video cameras and recording equipment for at least sixty (60) minutes pursuant to 19 CSR 100-1.090(1)(C)(10).

Is there specific guidance for receiving transfers into a licensed or certified facility?

No. While the Department does not provide specific guidance on how facilities perform this task, all facilities must comply with the rules in regard to establishing operational policies and procedures, as well as maintaining appropriate statewide track and trace records, in accordance with 19 CSR 100-1.090, 19 CSR 100-1.130, and 19 CSR 100-1.140.

Do cash and product vaults have to be in separate rooms?

No. The Department has not outlined any instructions for the separation of cash and marijuana product.

What type of remote security access is required to be provided to the Department per 19 CSR 100-1.090(1)(C)?

The Department interprets 19 CSR 100-1.090(1)(C) to mean we will make one (1) request during the Commencement Inspection process for continuous 24 hour access to the facility’s security system and that the system must be capable of complying with that real-time access request. To be in compliance with 19 CSR 100-1.090(1)(C), licensees are required to provide the Department with continuous, 24 hour access to the facility’s security system via remote login. The Department should be able to gain access at all times without requesting further access.

Transportation

Are dispensary facilities allowed to pick-up product from other licensed facilities?

Yes. Medical and marijuana dispensary facilities may acquire and transfer—
- marijuana, marijuana seeds, clones, and prerolls from a cultivation facility;
- marijuana-infused products and prerolls from a manufacturing facility; and
- marijuana product from another dispensary facility.
However, transfers may not be made from medical facilities to comprehensive facilities, see 19 CSR 100-1.140(2).

Can medical facilities transport products to comprehensive facilities?

No. Medical licensees may only transport marijuana product to other medical facilities. Medical facilities may receive product from comprehensive facilities.

Can product be returned to a transportation facility's primary address to be temporarily housed and transferred to another vehicle as long as the final delivery is made within 36-hours?

Yes, see 19 CSR 100-1.140(4) for security requirements related to transportation. Transportation licensee must include step-by-step directions on the statewide track and trace system transfer manifest. If the licensee is returning to the transportation facility, the directions must include this action.

Is there a minimum or maximum requirement on the number of drivers and/or guards per vehicle when transporting marijuana?

No. The Department has no rules outlining the number of employees required to be present when transporting marijuana product.

Does a separate security guard need to be present in marijuana transportation vehicles, or can the driver be armed and act as both?

The Department does not require armed guards to be present during transportation of marijuana product.

Can marijuana product be stored within a transportation licensee’s vehicle inside a garage in the event that there is an unexpected delay in delivery of the product?

Only in extenuating circumstances and after notifying the Department. Transportation licensees must transport all marijuana product from an originating facility to an authorized destination within 36 hours of taking possession of the marijuana product. In the event extenuating circumstances necessitate holding marijuana longer than 36 hours, the transportation facility shall notify the Department, prior to the end of the 36 hour deadline, of the circumstances and the location of the marijuana in accordance with 19 CSR 100-1.140(4)(B). The Department will advise the licensee of next steps, depending on the circumstances.

Is a gate required at the point of access to a transportation facility’s property?

No gate is required, but transportation facilities are required to adopt security measures and controls for the prevention of diversion, inversion, theft, or loss of marijuana, in accordance with 19 CSR 100-1.090.

Are there specific security requirements for employee access to a transportation facility’s property?

Yes. A transportation licensee’s primary facility must meet all security requirements outlined in 19 CSR 100-1.090.

What defines an “originating facility” for the purpose of a transportation facility?

“Originating facility” refers to the cultivation, manufacturing, dispensary, or testing facility from which a transportation licensee receives marijuana product for delivery.

Can a warehouse location, owned and operated by a certified transportation facility, be considered an “originating facility” as defined by the regulation?

No. Pursuant to 19 CSR 100-1.140(6), transportation facility certificate holders may not apply for and obtain a warehouse license.
Transportation licenses may only store marijuana product for purposes related to the transportation of marijuana product at their licensed location and only when notification has been made to the Department of extenuating circumstances.
Pursuant to 19 CSR 100-1.140(4)(A), transportation licensees are required to transport marijuana product from an originating facility to a destination within 36 hours, except when delayed by extenuating circumstances. In such circumstances, the transportation licensee may hold the product(s) longer than 36 hours if they notify the Department as to the circumstances and the location of the marijuana prior to the expiration of the required timeframe. In the event the transportation facility holds the product(s) longer than 36 hours and uses its vault to do so, the vault does not become the new originating facility. It is merely a temporary holding facility between the originating facility and the final destination.

Waste

Is a transportation certification required for the transport of non-hazardous waste products from cultivation, manufacturing, dispensary, and/or testing facilities?

No, a transportation certification is not necessary provided the waste has been rendered unusable per 19 CSR 100-1.150(5).

Are licensees allowed to dispose of plant waste by mulching the product and turning it into biomass that can be used by cultivators?

Final disposition locations other than a permitted solid waste facility must be approved in writing by the department before implementation. See 19 CSR 100-1.150(5)(D) for more information.

Is a transportation license needed to handle hazardous waste?

The Division of Cannabis Regulation does not regulate hazardous waste outside of 19 CSR 100-1.150. Licensees will need to contact the Missouri Department of Natural Resources at 573-751-3176 regarding hazardous waste handling and transportation.

If a facility will not use volatile solvents, do they still need a plan for hazardous waste storage, handling, or disposal?

19 CSR 100-1.150 provides that it is the responsibility of each waste generator to properly evaluate their waste to determine if it is a hazardous waste per 40 CFR 262.11. If a licensee’s waste qualifies as a hazardous waste, then that waste is subject to the applicable hazardous waste management standards, including a hazardous waste storage, handling, or disposal plan.

Where can a licensee get the hazardous waste generator ID?

Licensees that produce hazardous waste may be required to register with the Missouri Department of Natural Resources. Hazardous waste generator e-reporting registration information can be found at the Missouri Department of Natural Resources - Hazardous Waste Generator Registration.

For additional information concerning hazardous waste generator registration, call 573-751-3204.

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