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Program Implementation

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 changed 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 3, 2023 | First comprehensive licenses are approved and adult-sales can begin
  • February 6, 2023 | Personal Cultivation for adult use applications will be accepted.
  • June 6, 2023 | Department will post license application forms and instructions for marijuana microbusiness facilities.
  • September 4, 2023 (on or before) | Department will begin to accept microbusiness applications.
    • Information regarding the microbusiness application process will be made available on the website.

Dispensaries/Purchasing

  • Differences in the medical program versus adult use program.
    • As of December 8, 2022, all approved patient ID card holders will be allowed a standard allotment of six (6) ounces (or more based on physician recommendation) within a thirty (30) day period, with medical purchases at a four (4%) percent tax rate.
    • Adult-use marijuana may be purchased by individuals who are at least twenty-one years of age. Up to three (3) ounces may be purchased in a single transaction, and consumers may be in possession of up to three (3) ounces of marijuana at any time. Adult-use purchases will be taxed at six (6%) percent in addition to any local taxes.   Local governments may impose an additional sales tax of up to three percent.
  • Where do all the taxes from sales go?
    • Pursuant to Article XIV Section 1, proceeds from medical marijuana sales will go towards:
      • The Department of Revenue for actual tax collection costs, but no more than 2% of the total taxes collected;
      • The Department of Health and Senior Services to carry out its responsibilities under Article XIV Section 1; and
      • The Missouri Veterans Commission under the Missouri Veterans’ Health and Care Fund.
    • Pursuant to Article XIV Section 2, proceeds from adult-use marijuana sales will go towards:
      • The Department of Revenue for its actual tax collection costs, but no more than 2% of the total taxes collected;
      • The Department of Health and Senior Services to carry out its responsibilities under Article XIV Section 2;
      • governmental entities needed to carry out expungement of certain marijuana offenses;
      • the Missouri Veterans Commission for health care and other services for veterans, under the Veterans, Health, and Community Reinvestment Fund;
      • grants recipients;
      • the Missouri public defender system to provide legal assistance to low-income Missourians; and
      • local governments if the local government taxes marijuana sales.
  • As a qualifying patient, how much marijuana can I purchase?
    • A qualifying patient with a physician certification may purchase up to six ounces of dried, unprocessed marijuana, or its equivalent, in a 30-day period.
    • If a qualifying patient needs more than six ounces in a 30-day period, the physician certification must provide compelling reasons why the qualifying patient requires an additional amount, and it must specify what other amount the qualifying patient needs.  See 19 CSR 100-1.040 for more information.
  • As a qualifying patient, how much marijuana can I possess?
    • Qualifying patients who do not cultivate marijuana may legally possess up to a 60-day supply of marijuana, which is 12 ounces of dried, unprocessed marijuana or its equivalent.  Patients with a cultivation authorization may possess up to a 90-day supply, as long as the amount in excess of a 60-day supply is kept in an enclosed, locked facility.
  • Where can licensed patients and their caregivers legally purchase medical marijuana with their identification card?
    • Legal sales of medical/adult use marijuana in Missouri are only allowed at a dispensary licensed by the Department of Health and Senior Services. Licensed patients and caregivers are cautioned that marijuana purchases outside of a licensed dispensary are not authorized under Article XIV.
  • Can someone with an out-of-state medical marijuana card purchase marijuana from a licensed dispensary?
    • Yes, licensed dispensary facilities may accept out-of-state-issued patient cards.  See 19 CSR 100-1.180.
  • Does the Department have a list of dispensaries?
  • Do I have to pay taxes on medical marijuana purchases?
    • Yes. Dispensary facilities are required, pursuant to Article XIV Section 1.4(1), to charge four (4%) percent of the retail price in addition to any other
  • What constitutes a government-issued photo ID that a dispensary may accept for sales to consumers?
    • Prior to sale to a consumer, the dispensary must verify the consumer is at least twenty-one (21).  This is done by confirming the age of the consumer on a valid government issued photo ID that includes the consumer’s date of birth and/or age, such as: a valid Missouri driver’s license, Missouri Identification Card, a valid or expired undamaged U.S. passport book or passport card, U.S. Military or military dependent ID, and valid non-Missouri driver’s license.
  • What constitutes a government-issued photo ID that a dispensary may accept for sales to qualifying patients and primary caregivers?
    • Prior to sale to a qualifying patient or primary caregiver, the dispensary must verify that the individual presenting the ID holds a qualifying patient or primary caregiver identification card.  This is done by confirming that the individual’s name and photo on the valid government-issued photo ID matches the name and photo of the individual on the department-issued identification card and appears to be the same individual making the purchase.  Examples of acceptable government-issued photo IDs include, but are not limited to: a valid Missouri driver’s license, Missouri Identification Card, a valid (not expired) U.S. passport book or passport card, government employee ID (city, county, state, or federal), U.S. Military or military dependent ID, and valid non-Missouri driver’s license.
  • Does a non-emancipated minor patient have to be accompanied by their primary caregiver on the dispensary sales floor?
    • Yes. Only the qualifying patient’s parent or guardian who holds a primary caregiver identification card may purchase or possess marijuana for a non-emancipated qualifying patient under the age of eighteen (18) pursuant to 19 CSR 100-1.040(2)(D).
  • Are dispensary facilities allowed to enter only a caregiver ID on a sales receipt without logging the patient ID?
    • No. Dispensary facilities must record sales and disbursements against a qualifying patient’s 30-day allotment. 
  • Does a caregiver who is purchasing on behalf of their qualifying patient have to present both their caregiver ID and the patient’s ID?
    • No. However, the caregiver must provide the dispensary with the qualifying patient’s ID number so that the sale may be recorded in the statewide track and trace system and counted towards the qualifying patient’s allotment.
  • Are dispensary budtenders allowed to accept tips?
    • The Department does not prohibit or endorse tipping budtenders, so it is up to the facility to determine if tipping a budtender is appropriate.
    • applicable state or local taxes.
  • What number on my edible marijuana packages do I use to ensure that I am within my possession limits?
    • There are often several numbers on an edibles package, including the total weight of the package, which includes all of the contents of the package. Sometimes there will even be an intended or approximate THC content of the package, which is usually a round number integrated into the package design. The number that matters for possession limits is the total THC in the package, not the total weight of the package or an approximate amount noted as part of the package design. The exact total THC in the package can be found on a label with other important information, such as dosage amounts, instructions for use, and all active and inactive ingredients. Total THC for edibles will be listed in milligrams.
  • If a patient explicitly says that they are purchasing one (1) gram of distillate to make edibles at home for personal consumption, does that violate DHSS rules in any way? Is the facility or agent required to notify the Department?
    • No.  Facility agents tasked with assisting customers must be trained in the differences in the purported effects and effectiveness of the strains of marijuana available for purchase at their dispensary and the methods of their use, pursuant to 19 CSR 100-1.080(1)(H)2.  Additionally, dispensary facilities must make available to all customers educational materials that include information about potential risks and possible side effects of marijuana use, pursuant to 19 CSR 100-1.180(2)(H)2.  However, there is no requirement that the licensee or agent either educate the customer or notify the Department.
  • Is a dispensary permitted to have a drive-through, with a drawer only, and two-way video screens in lieu of a window?
    • Yes. The Department considers sales made in a drive-through, including those made with the use of two-way video screens, to be compliant as long as the drive-through lanes comply with 19 CSR 100-1.180(2)(A)4. In this scenario, the Department would request an update to standard operating procedures outlining what steps would be taken if the two-way video system were to fail.
  • Are dispensary facilities allowed to accommodate delivery?
    • Yes. The Department has outlined delivery requirements in 19 CSR 100-1.180(2)(D) and 19 CSR 100-1.140(3). A dispensary must receive approval from the Department prior to beginning deliveries. In addition, transportation licensee may complete deliveries to individuals on behalf of a dispensary facility following the same requirements in 19 CSR 100-1.140(3).
  • Can a patient bring their children in the dispensary or use an underage person/child as a translator when purchasing cannabis?
    • A dispensary may choose to prohibit minors from entering a dispensary. If not prohibited by the dispensary, minors may enter the dispensary only if accompanied by a qualifying patient, primary caregiver, or consumer.
  • Are dispensary facilities allowed to sell gift cards?
    • Yes. Gift cards are allowed as long as marijuana purchases are made by qualifying patients, caregivers, or consumers.
  • Are licensed dispensary facilities required to have a physical separation between the access point and waiting room?
    • No. Dispensary requirements regarding the facility floorplan and access are outlined in 19 CSR 100-1.180(2). There is no requirement for a physical separation between a facility’s access point and the waiting room. The only requirement for physical separation is between the waiting room and any limited access area where marijuana is accessible. Licensees must be able to ensure that only qualifying patients; primary caregivers; consumers; and children under the age of twenty-one (21) accompanying qualifying patients, primary caregivers, or consumers may enter the limited access area where marijuana is accessible after screening by facility agents.

      Due to the unique nature of each dispensary facility and its associated floorplan, facility representatives should seek guidance from the Department if they have any questions regarding this aspect of their proposed designs.
  • Are dispensary facilities required to take payment for marijuana products prior to making a delivery to a qualifying patient, caregiver, or consumer?
    • No. Pursuant to 19 CSR 100-1.180(2)(D)2.E, payment for marijuana products being delivered to a qualifying patient, caregiver, or consumer may be received at the time of delivery; however, if the payment is not being made prior to the delivery, a dispensary licensee may deliver to no more than two (2) individuals at the same address on the same day.
  • Is curbside pickup an available option for dispensary facilities?
    • No, but drive-through and delivery are available if approved by the Department at the location.
  • Do I have to collect a tax on marijuana product purchases?
    • Yes.
      • Per section 1.4(1) of Article XIV of the Missouri Constitution, dispensary facilities are required to collect four (4%) percent of the retail price of marijuana product sales to patients and caregivers on behalf of a patient for the Missouri Veteran’s Health and Care fund in addition to, any general state and local sales and use taxes that apply to retail sales.
      • Per section 2. 6(1) of Article XIV of the Missouri Constitution, dispensary facilities are required to collect six (6%) percent for marijuana sales to consumers for the Veterans, Health, and Community Reinvestment Fund in addition to any general state or local sales and use taxes that apply to retail sales. Additionally, a governing body of a local government is authorized to impose, by ordinance or order, and additional sales tax in an amount up to three (3%) percent on all tangible personal property retail sales of adult use marijuana sold in their political subdivision in addition to any and all other tangible personal property retail sales taxes allowed by law.
  • Can a dispensary sell other retail goods and services?
    • Yes. All retail sales of items other than marijuana products are subject to any otherwise applicable laws including retail sales taxes and licenses. Any non- marijuana product may not be displayed or sold in the limited access area where marijuana product is located and must be displayed in a manner that clearly communicates the non-marijuana product is not regulated by DCR, pursuant to 19 CSR 100-1.180(2)(M).

Consumption

  • Can I use marijuana in public or at a public place?
    • Generally, no. However, local authorities may choose to allow for marijuana use in certain areas. Please check with your local government if such use is permitted. 
  • Can I consume marijuana and drive?
    • No.  Article XIV does not permit driving or operating any motor vehicle while under the influence of marijuana. 
  • Can patients or consumers consume marijuana within or outside my business?
    • No.  Per Article XIV sections 1 and 2, no qualifying patient or consumer shall consume marijuana in a public place, unless otherwise provided by law. Local governments may designate areas for public consumption.  Please check with your local government if this is applicable.
  • Can patients create their own extractions at home?
    • Patients are allowed to create their own extractions at home as long as no combustible gases or other dangerous materials are being used to create the extract.

Appeals

  • How do I file a petition with the Missouri Administrative Hearing Commission?
    • Any person or entity entitled to appeal to the administrative hearing commission (AHC) under 19 CSR 100-1.020 must file a petition with the AHC within thirty (30) days after the date the Department decision is sent to the person or entity. Information on filing a petition before the AHC may be found here: https://ahc.mo.gov.

CBD, Delta 8 and 10

  • Does the Department regulate CBD?
    • The Department is responsible for regulating licensed cannabis facilities and their products pursuant to Article XIV of the Missouri Constitution. Some of these products contain CBD. The Department does not regulate CBD products produced from other sources, such as industrial hemp.
  • What is THC?
    • Tetrahydrocannabinol (“THC”) is the main psychoactive compound found in cannabis. Delta-9 THC is what most people are referring to when talking about the THC in marijuana. Delta-8 and Delta-10 THC can also come from the cannabis plant and can be found in regulated marijuana.
  • I’ve seen “Delta-8 THC” and “Delta-10 THC” products advertised in Missouri hemp shops that look like marijuana. Is this something under the authority of the Division of Cannabis Regulation?
    • No. Under Article XIV, DHSS regulates marijuana and marijuana products sold at licensed dispensaries, and the law excludes hemp or hemp-derived products from this regulation. THC products sold outside of licensed dispensaries have not been produced in a licensed marijuana facility and have not been tested for content or contaminants by a licensed marijuana testing facility.

Additional Patient and Consumer Protections

  • Can I be a patient or consumer if I am on Probation/Parole?
    • Because cannabis use is still illegal under federal law, please consult with your attorney or your probation/parole officer on this issue. 
  • 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 an attorney on whether this may apply to your situation.
  • If I have a past conviction for possession, can I still receive a patient license for purchase and/or home grow?
    • Yes. Previous convictions do not disqualify an individual from obtaining an identification card. However, a qualifying patient’s identification may be revoked for certain criminal conduct that occurs after the card is issued. See 19 CSR 100-1.040(6)(C) for more information.

Gun Ownership/Purchase for Cardholders

  • Does being a qualifying patient or consumer affect my ability to own or purchase a firearm?
    • Article XIV of the Missouri Constitution does not reference or prohibit the possession or purchase of firearms. However, federal law still may prohibit the possession or purchase of a firearm by individuals who use marijuana, regardless of whether a state has legalized marijuana for medical use or adult-use. The Department does not regulate the possession or purchase of firearms and therefore cannot say how the federal prohibition will be enforced within Missouri. Specific questions about these federal firearm restrictions should be directed to your attorney or the appropriate law enforcement agency.

Disqualifying Felony Offense

  • What is a disqualifying felony offense?
    • Article XIV prohibits any individual with a disqualifying felony offense from being an owner (10% or more) of a comprehensive or microbusiness marijuana facility, or owning any part of a medical facility.  A disqualifying felony offense is a violation and conviction or guilty plea to state or federal law that is, or would have been, a felony under Missouri law, regardless of the sentence imposed.
  • I had a suspended imposition of sentence (SIS) or a suspended execution of sentence (SES) to an otherwise disqualifying offense.  Does that still count as disqualifying?
    • Yes.  Article XIV considers a felony disqualifying “regardless of the sentence imposed.”
  • Are there any exceptions to a disqualifying felony offense?
    • Yes. The constitution lays out the following 3 exceptions:
      1. The conviction or guilty plea was for a marijuana offense that has been expunged or is currently eligible for expungement, pursuant to Section 2 of Article XIV.
      2. The conviction or guilty plea was for a non-violent crime for which the individual was not incarcerated and that is more than five years old. OR
      3. More than five years have passed since the individual was released from parole or probation, and the individual has not been convicted or pled guilty to any subsequent felony criminal offenses.

    If any of these exceptions apply, the individual is no longer disqualified for the otherwise disqualifying felony offense.

  • When is a felony offense considered violent?
    • A felony is violent if it involves force or the threat of force. The Department considers the elements of the offense, the conduct surrounding the offense, the NCIC code list, and applicable case law to determine if an offense is designated as violent.
  • What are some examples of violent offenses?
    • First degree burglary, arson, assault, manslaughter, murder, unlawful use of a weapon, robbery all are considered violent offenses.
  • When will the exception for a non-violent offense apply?
    • If an otherwise disqualifying felony offense is non-violent, it may qualify for an exception, but only if the individual was not incarcerated for that offense, and only if the conviction or guilty plea is more than 5 years old.  If fewer than 5 years have passed since the person’s conviction or guilty plea, the offense does not qualify for the exception.  If the individual was incarcerated for the offense, even for a short period of time, the offense does not qualify for the exception.
  • Can I qualify for an exception to a disqualifying felony offense if I was incarcerated or the felony was violent?
    • Yes.  If the offense resulted in incarceration or was a violent offense, the offense can still meet the third exception, but only if more than five years have passed since the individual was released from parole or probation, and the individual has not been convicted of any subsequent felony criminal offenses.
  • What does it mean to have a “subsequent felony criminal offense”?
    • A subsequent felony criminal offense means a felony that was committed any time after the disqualifying felony offense, not only after release from parole or probation. If the offense occurred before the individual completed their parole or probation, it is still subsequent to the disqualifying felony and the applicant would be disqualified.
  • Is an out of state marijuana conviction considered eligible for expungement for purposes of disqualifying felony offense analysis?
    • No. Article XIV Section 2.9(1)(a) provides that a felony is not disqualifying if the Department determines the "marijuana offense that has been expunged or is currently eligible for expungement under this section." Article XIV only permits expungement of offenses that occurred in Missouri, not other states. It is still possible that the out of state felony is not disqualifying under the other exceptions in Article XIV Section 2.9(1). The Department must review the entire criminal history before making a determination of whether a criminal offense is disqualifying.
  • What is a disqualifying felony offenses? Do pending charges count?
    • Individuals with a disqualifying felony offense may not be owners of a microbusiness license.  A "disqualifying felony offense" is a violation of, and conviction or guilty plea to, state or federal law that is, or would have been, a felony under Missouri law, regardless of the sentence imposed (including SIS). A pending charge or arrest, without a guilty plea or conviction, does not count as a disqualifying felony offense.  The felony conviction or guilty plea will not be disqualifying for microbusiness ownership if:
      • The person's conviction or guilty plea was for a marijuana offense that has been expunged or is currently eligible for expungement under this section; or
      • The person's conviction or guilty plea was for a non-violent crime for which he or she was not incarcerated and that is more than five years old; or
      • More than five years have passed since the person was released from parole or probation, and he or she has not been convicted of, or pled guilty to, of any subsequent felony criminal offenses.