Guidance Letter 2 (3-27-20) and 10% Ownership (3-27-20) NEW

MMRP License & Compliance Guidance Letter (1/28/2020)
Welcome Meeting Presentation (03/2020)

Facility Licensing and Compliance is responsible for issuing medical marijuana facility licenses and certifications, seed to sale tracking, education, inspections, compliance monitoring, and violation issuance and resolution.

How do I file a petition with the Missouri Administrative Hearing Commission?
Any person or entity entitled to appeal to the administrative hearing commission under 19 CSR 30-95.025 must file a petition with the administrative hearing commission 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.

When will final scores for facility applicants be posted?
Scores for all facility applicants that submitted a complete application to DHSS will be posted to the DHSS website as soon as possible following issuance of approvals and denials.

Why is the number of scored applications different than the previously published list of submitted pre-filed applications and applications received during the August open application period?
First, there were pre-filed applicants who did not file an application during the open application period. Secondly, the department rejected incomplete applications received during the August open application period. Most applicants resubmitted their applications. However, some applicants did not correct and resubmit their application while other applicants choose to withdraw their application from scoring consideration.

Conditional Denials

I received a Conditional Denial. When will I be notified if I receive an opportunity for a facility license?
Applicants may be notified at any time within 395 days of their Conditional Denial notice that they are now being given an opportunity to accept a facility license. If at any time during the 395 days a licensee is unable to meet their obligations for a license, the applicant with the next highest ranked score will be notified of this opportunity.

How will I be notified of an opportunity once I’ve been sent a Conditional Denial notice and what is the process?
Applicants will receive an e-mail to the Primary Contact’s e-mail listed in the application as well as a phone call to the Primary Contact’s phone number listed in the application. A Letter of Acceptance must be returned in 5 days from the issuance of the e-mail.  If the Letter of Acceptance is not returned within 5 days or the applicant can no longer accept the license under the terms the applicant proposed in its application (subject to applications for change per 19 CSR 30-95.040(4)(C)), the department will proceed to the next highest ranked applicant for that facility type.

Facility License & Certification

Facility License Rules
The facility will, at all times, comply with Article XIV and all other applicable laws and regulations. It is the Facility Licensee’s responsibility to know the rules associated with each facility type. Familiarize yourself with the rule.

What steps need to be taken before the facility Commencement Inspection?

  • Work with the Department to verify compliance with all minimum requirements for license/certification per Article XIV.  Provide any requested documentation such as property ownership records, financial records, executed leases, management agreements, other contracts, and the like.  The minimum requirements for license/certification include:
    • Authorization to operate as a business in Missouri
    • The entity is majority owned by natural persons who have been residents of Missouri for at least one year
    • The entity is not under substantially common control as another entity or a combination of other entities in violation of 19 CSR 20-95.040(3)(C)-(D)
    • The entity is not within 1000 feet of an existing elementary or secondary school, daycare, or church, or, if a local government allows for closer proximity to schools, daycares, and churches, that the entity complies with the local government’s requirements
    • Eligibility to operate in a local jurisdiction
    • The entity will not be owned, in whole or in part, or have as an officer, director, board member, or manager, any individual with a disqualifying felony offense.
  • Attend a mandatory orientation meeting tailored for each facility type to be held in early to mid-March

When can a facility begin operations?
The issuance of a license or certification does not authorize the facility to begin operations. A facility will be granted final approval to operate upon passing a commencement inspection.

How long does a facility have to pass a Commencement Inspection, and what happens if they do not pass?
If the facility does not pass a commencement inspection within one (1) year of the department issuing the license, the license may be revoked.

When should facility staff/contractors apply for their agent ID cards?
All individuals who need an agent ID card per rule, including contractors, should begin applying for their cards once the commencement inspection has been scheduled.

When can I make or request changes to my facility that may impact the areas of minimum qualifications listed in 19 CSR 30-95.025 and 19 CSR 30-95.040?
The Facility License & Compliance section will verify all minimum requirements for license/certification eligibility per Article XIV for all licensed and certified facilities.  The section’s verification process will be completed before a change request will be reviewed or approved. All facility updates or change requests will be submitted through the Medical Marijuana Registry portal.  A request will need to be approved by the Department before another request can be submitted.

What changes to a facility require Department preapproval?

  • No facility may assign, sell, lease, sublicense or otherwise transfer its license/certification to any other facility without department approval.
  • No facility may make any changes to the ten percent or more of the ownership interests of the facility without department approval.
  • No facility may materially deviate from the proposed physical design of the facility, including its location, without department approval.
  • No facility may combine licensed facilities in a single location without department approval.

Where do I post compliance questions I have about newly licensed facilities?
The Facility License & Compliance section encourages all licensees to submit questions regarding compliance and next steps through the Facility License & Compliance Question and Comment Form.

Accepting a Facility License/Certification

Facilities must log-in to the MO Medical Marijuana Registry and upload the Letter of Acceptance.

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 and individuals under contract with the applicant entity.  If there is a question regarding who may sign the letter, send an e-mail to mmlicenses@health.mo.gov.

Annual Fees and Payments

What date do I use to calculate when the first annual fee is due?
Annual facility license fees are due 30 days after a facility is licensed.  The date of facility license is the date you received your facility license approval notice from the department. It is not the date on which you return your acceptance letter.

Will I receive a written notice when my first annual fee is due?
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 Annual Fee column by facility type.

How can I pay my annual fee?
Annual fee payments must be made through the Medical Marijuana Registry system. If for some reason, this is not possible, e-mail mmlicenses@health.mo.gov for assistance.

Article XIV and associated rules authorizes the following medical marijuana licenses and certifications in Missouri: 60 cultivation licenses, 192 dispensary licenses, 86 infused-manufacturing licenses, 10 laboratory testing licenses, transporter certifications, facility agent certifications, and seed to sale certifications. The Missouri Medical Marijuana Regulatory Program received over 2100 facility applications during the application period and has 150 days from receiving applications to approve or deny them. While the application period for cultivation, dispensary, infused-manufacturing, and laboratory testing facilities is closed to new applicants; the Missouri Medical Marijuana Regulatory Program continues to accept new applications for transporter and seed to sale certifications. Additional information regarding facility applications can be found in the right navigation bar under Facility Information.

Facility Application Review Lifecycle

Per state statute, “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." Additional information can be found at Chapter 338.260.

The information provided here is reported exactly as represented in submitted applications and may be subject to correction as the department moves through the application process.

Facility Applicant Identifying Information (9.30.2019)