The Division of Cannabis Regulation (DCR) has recently had several questions related to infused prerolls and infused flower and how these products are calculated for Missouri Marijuana Equivalency (MME) units. Infused prerolls and infused flower were authorized within the adult use framework in 2022. However, there is no distinct category for these types of products in MME or Metrc calculations, as they are a combination of flower and concentrate. Infused prerolls and infused flower are generally grouped with concentrates in Missouri regulations and therefore in practice, including for MME units.

DCR is actively reviewing dispensary licensee transactions for selling more than the permitted transaction limit and issuing educational warnings, violations, or other disciplinary actions. Some questions have arisen regarding whether overselling is due to confusion about infused prerolls and infused flower. In our review of these concerns, DCR has confirmed that overselling, while still generally rare, occurs more often with other products, such as flower and edibles, than with infused prerolls and infused flower.

If a dispensary licensee can demonstrate a disciplinary action is solely due to infused prerolls and infused flower not having a distinct MME/Metrc category, they may propose an alternative calculation specific to the product at issue in the response to the notice, and DCR will reevaluate the disciplinary action.

For example, the MME calculation for a transaction with 35 one-gram infused prerolls, each made of 0.20 grams of concentrate and one gram of ground flower, would be approximately 124 grams as this product is considered a concentrate. This transaction would be flagged as an oversale. For the same preroll, if the marijuana concentrate and marijuana MME were accounted for separately, the MME calculation would be approximately 52 grams, and this transaction would not be considered an oversale. In such a case, a licensee could respond to a disciplinary action for overselling by providing the amount of ground flower and concentrate in the transaction to demonstrate an alternative calculation.

DCR is continuing to research this issue and is working with Metrc, the statewide track and trace system, to find a more permanent solution to address this issue.

Please contact your compliance officer if you have any questions on this issue or CannabisCompliance@health.mo.gov.