- Agent ID Cards
- Building Requirements
- Business Names and Signage
- Change Requests
- Commencement Inspection
- Conditional Denials
- Consumption at Businesses
Agent ID Cards
- 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.
- If a landlord takes a percent-based rent of total sales, would that be considered an economic interest?
- As stated in 19 CSR 30-95.010 (10), “economic interest” means rights to either the capital or profit interests therein. An arrangement whereby a landlord or any other person or entity is to receive a return on the capital or a portion of profits would be regarded as an economic interest.
- Does Missouri prohibit publicly traded companies from owning medical marijuana facilities?
- No. However, Missouri medical marijuana facilities cannot be owned, in whole or in part, by an individual who has a disqualifying felony offense, which is defined by 19 CSR 30-95.010(8). At the time of application, applicants must attest that the facility complies with this requirement, and there is no exception for individuals who own a very small part of a facility.
- Can applicants apply for a combination of licenses/certifications at one location?
- Initially, applicants must submit separate applications for each license or certification they seek. Each application must be for a single facility in order to ensure applicants are not awarded points for attributes of a combined facility (e.g.., economic benefit to the site community) that will not materialize if only some of the licenses/certifications are granted. Multiple applications may be submitted for a single location, but each application will be reviewed and scored independent from the other. Pursuant to 19 CSR 30-95.040(4)(C), once awarded a license/certificate, facilities may seek Department approval to combine operations into a single facility at one location.
- Should an applicant identify for the Department what information they consider to be proprietary in their application?
- All information submitted, regardless of how it may be identified, will be subject to all relevant laws, and possibly a court’s interpretation of those laws, concerning open records as well as confidentiality. While the Department cannot issue a legal opinion as to what it believes to be legally protected information, we refer applicants to the language of Constitutional Article XIV Section 1.3(5) and Missouri Statute 610.021, as well as the common law interpreting those provisions.
- Who will need to submit fingerprints for a criminal record check before submitting a facility license/certification applications?
- All owners who hold any portion of the economic or voting interest of the facility who will also have access to medical marijuana or the medical marijuana facility, and all officers, directors, board members, managers, and employees identified in the application must submit fingerprints for a criminal record check within the six months prior to submission of the facility’s application.
- What zip codes will receive the extra points described in 19 CSR 30-95.025(4)(C)(6)?
- All zip codes listed at the end of the rule qualify for the extra points. These zip codes represent areas where the employment rate is below 89.9 percent per the Missouri Census Data Center. Employment rates can be found by following these steps:
- Go to: http://mcdc.missouri.edu/
- Click on ACS profiles (on the right)
- In the dropdown, select 2013-2017
- A second dropdown appears; select Zip Codes
- Pick a zip code
- Deselect all subjects other than Economic
- Click on Generate Report
- Scroll down to E5. Employment Status
- The employment rate is the percent of the civilian labor force that is employed
- When will you award a facility license?
- Transportation and seed to sale applications are the only facility applications that are currently open. The Department will accept these indefinitely. The Department will award or deny the certification within 150 days of a complete application’s submission.
- How do I submit my Transportation facility application?
- All Transportation applications will be submitted utilizing the secure, online Missouri Medical Marijuana Registry Portal (MMP Portal).
- 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 Missouri Medical Marijuana Registry Portal.
- 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. 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.
- How do I request records beyond my facilities individual score sheets?
- All requests to obtain detailed information regarding scores and rankings must be done in accordance with the Missouri Sunshine Law 610.011 RSMo. These requests should be made using the Department of Health’s online records request portal https://health.mo.gov/about/sunshine-requests.php to ensure timely response to requests.
- When I view my application Worksheets in the online registry, they look peculiar, why?
- If you are launching your worksheets BEFORE you submit, try using the Download arrow instead of the Hyperlink to the File Name. The Hyperlink launches the worksheets in CHROME which distorts the worksheets. Save the file to your desktop. Right click on the saved file and choose Open with>Adobe Acrobat to launch. Likely your check marks are there, the check boxes are checked and if you click in the worksheet narrative boxes, the scroll bar pops up. Rest assured, redacted documents will be passed to our Blind Scorer in a PDF format. The Blind Scorer will not be reviewing redacted documents in Google Chrome which tends to distort the file. On that same note, after you submit your application, if you attempt to view the Worksheets, they will still launch in Google Chrome. Download and save your Worksheets to your Windows PC and right click, open with Adobe Acrobat Viewer.
- How do I comply with the requirement in 19 CSR 30-040(3)(C) to notify the Department of applications of entities under substantially common control, ownership, or management?
- This requirement was met through the related question in the application itself. No additional notification is necessary.
- Where can licensees find the HVAC codes and regulations for medical marijuana facilities?
- HVAC requirements for all facility types are outlined in 19 CSR 30-95.040(4)(F). In addition, cultivation and manufacturing facilities must also implement an odor control plan pursuant to 19 CSR 30-95.050(2)(C) for cultivation and 19 CSR 30-95.060(2)(B) 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 30-95.060(2)(G). Note, licensees will be held to any specific HVAC attributes outlined in their application worksheets unless an explanation is provided to the Department for the change.
Business Names and Signage
- Are medical 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.
- Does the signage rule in 19 CSR 30-95.040(4)(M) prevent facilities from using signage such as warnings against trespassing, notices of hours of operations, or prohibitions of carrying food or drink into the facility?
- No. This rule refers to outdoor signage identifying the business. It is meant to limit the use of marijuana leaves or other drug references in advertising. It does not restrict signage unrelated to marijuana such as parking signs.
(C) The ownership, directly or indirectly through the ownership of an affiliate entity, of a majority of the capital assets, real property assets, or leasehold interests; or
(D) The ability to make policy decisions, operating decisions, or decisions regarding the allocation of income and expenses for the entity, whether directly or by a management agreement.
- Can facilities that have received Department approval to combine licenses later request to have the licenses “uncombined”?
- Facilities may request a Change Request for a Material Deviation to “uncombine” space that was previously combined through 19 CSR 30-95.040(4)(C)4.
- Once I obtain a facility license, can I change its location?
- Yes, but only if the original location is no longer possible for the facility and the Department approves the request. See 19 CSR 30-95.040(4)(C)3 for more information.
- What is the difference between a variance request and an application for a change to a license?
- An application for a change to a license is a request submitted through the Missouri Medical Marijuana Registry pursuant to 19 CSR 30-95.040(4)(C). These applications are for approval to make the following changes: make any changes to ten percent (10%) or more of the ownership interests of the facility; assign, sell, lease, sublicense or otherwise transfer its license/certification to any other facility; combine licensed facilities in a single location; materially deviate from the proposed physical design or make material changes to the current physical design of the facility, including its location; or site a warehouse at a location other than the approved location of the facility. The submission requirements for these applications are included in the rule. Variance requests are not the same thing as an application for change, and it is not necessary to submit a variance request with an application for change. Variance requests are made pursuant to 19 CSR 30-95.025(2) and should only be submitted when an entity is asking that the Department waive or vary from a rule. In other words, if an entity wants to change its license in one of the ways listed in 19 CSR 3-95.040(4)(C), the entity may use that rule to make its request. On the other hand, if an entity wants to be relieved from complying with a rule, they may wish to submit a variance request. Instructions for how to submit a variance request can be found on the department’s website at medicalmarijuana.mo.gov.
- 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.
- 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 email@example.com with the following subject line: [Facility Name] [Facility License Number] Commencement Inspection Request. Please visit the medical marijuana Resources web page for important Commencement Inspection readiness information at: https://health.mo.gov/safety/medical-marijuana/resources.php.
- I received a Conditional Denial. When will I be notified if I received 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.
Consumption at Businesses
- Can patients consume medical marijuana within or outside my business?
- Per 19 CSR 30-95.030, no qualifying patient shall consume marijuana for medical use in a public place, unless otherwise provided by law. 19 CSR 30-95.010 defines a public place as any public or private property, or portion of public or private property, that is open to the general public, including but not limited to, sidewalks, streets, bridges, parks, schools and businesses. However, for purposes of designating a non-public place within a public place, the owner or entity of any such property may, but is not required to, provide one or more enclosed, private spaces where one qualifying patient may consume medical marijuana. See 19 CSR 30-95.010 for further explanation and detail.
Denial or Revocation
- What may cause denial of my application or revocation of my license/certification?
- As with all questions, providing false or misleading information, may be grounds for denial of the application. If the false or misleading information is discovered after a license is issued, the Department may revoke the license. See 19 CSR 30-95.040(1)(F)1 for additional reasons an application may be denied or a license/certification may be revoked.
Dispensary Sales and Tax
- Is curbside pickup an available option for dispensaries?
- No. The concept of curbside pickup in the context of a COVID-19 response plan for dispensaries has been considered by the Department. After review, it was determined that the regulations, at this time, do not support this concept. The regulations do not feature the security needed to ensure the safety of licensees and patients for these transactions. The Department has provided other service options for dispensing medical marijuana to Missouri patients, such as drive-through and delivery, which are supported by the regulations. If curbside pickup is allowed at some point as part of a COVID-19 response plan, this would be established as a temporary exception and not as an interpretation of existing rules, and the Department is not planning to establish such an exception option at this time.
- Do I have to collect a tax on medical marijuana purchases?
- Yes. Per section 1, subsection 4(1) of Article XIV, dispensaries are required to collect four percent of the retail price 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.
- Can a dispensary sell other retail goods and services?
- Yes. All retail sales of items other than medical marijuana products are subject to any otherwise applicable laws including retail sales taxes and licenses.
- When is the application fee due for a transportation or seed-to-sale facility certification?
- Entities must submit fees with their applications. Submission of an application does not guarantee a license. See the Facility Fee Schedule for more information at: https://health.mo.gov/safety/medical-marijuana/fee-schedule-fi.php)
- What date do I use to calculate when the first annual fee is due for my facility?
- Annual facility license fees are due 30 days after a facility is licensed. The date of facility license is the date the facility received its license approval notice from the Department. It is not the date on which the facility returned its acceptance letter.
- Will I receive a written notice when my first annual fee is due for my facility?
- 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 the annual fee for my facility?
- Annual fee payments must be made through the Medical Marijuana Registry Portal. If for some reason, this is not possible, email firstname.lastname@example.org 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 email@example.com. Payments made outside of the Missouri Medical Marijuana Registry Portal can be submitted at https://magic.collectorsolutions.com/magic-ui/Login/mo-health-senior-serv.
Infused Product Manufacturing
- What requirements does the Department have for the creation of capsules and tinctures or any medicine that will be orally consumed and digested?
- Pursuant to 19 CSR 30-95.060(2)(E), all ingestible medical marijuana-infused products must comply with the applicable food safety standards set forth in 19 CSR 20-1.025, 19 CSR 20-1.040, and 19 CSR 20-1.050, as applicable. Such facilities 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 https://www.sos.mo.gov/cmsimages/adrules/csr/current/19csr/19c20-1.pdf.
- Are medical marijuana manufacturers required to have a Department Manufactured Food Program food safety inspection prior to passing the medical marijuana Commencement Inspection?
- The Facility License & Compliance Section has confirmed with the Department’s Manufactured Food Program that food manufacturers do not need the Food Program’s authorization to commence operations. However, facilities should expect to hear more about whether or how the Food Program will regulate them in the near the future. While additional guidance may come later from the Food Program, it is likely each facility will need to have a food safety plan on file and will need to produce a safe product that complies with the law/rules applicable to the type of food the facility manufactures.
The Facility License & Compliance Section will require 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 medicine that will be orally consumed and digested (i.e., capsules, tinctures, etc.)?
- All manufacturing facilities must implement measures pursuant 19 CSR 30-95.040(4)(F-G), as well as the applicable measures pursuant to 19 CSR 30-95.060(2)(B) & (G).
- What is the process for surrendering a Missouri medical marijuana facility license or certification?
The Primary Contact listed in the Medical Marijuana Registry (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.
- Who is considered a principal officer or manager?
- 19 CSR 30-95.010((31) provides that “Principal officers or managers” means persons who, regardless of title, have responsibility for supervising the management, administration, or operation of an entity, including, but not limited to: presidents, vice presidents, or general counsels; chief executive, financial, or operating officers; general partners, managing partners, or controlling partners; managing-members; or trustees.
- What is meant by "substantially common control, ownership, or management"?
- 19 CSR 30-95.010(39) defines this term to mean:
(A) The possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, by any means, including ownership, contract, financing, or otherwise;
(B) The legal or beneficial ownership, directly or indirectly through ownership of an affiliate entity, of ten (10) percent or more of an entity’s outstanding voting stock or other ownership interest;
(C) The ownership, directly or indirectly through the ownership of an affiliate entity, of a majority of the capital assets, real property assets, or leasehold interests; or (D) The ability to make policy decisions, operating decisions, or decisions regarding the allocation of income and expenses for the entity, whether directly or by a management agreement.
- What type of facility will be authorized to perform cannabinoid extractions in Missouri?
- Extraction will be performed by licensed medical marijuana-infused manufacturing facilities in Missouri.
- 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, please send an e-mail to firstname.lastname@example.org.
METRC/Track and Trace
- Is the state Using METRC?
- Yes. METRC was awarded the seed to sale tracking system contract through the Missouri Office of Administration’s competitive bid process.
- What type of remote security access is required to be provided to the Department per 19 CSR 30-95.040(4)(H)1.C.III?
- The Department interprets 19 CSR 30-95.040(4)(H)1.C.III to mean we will make one 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 30-95.040(4)(H)1.C.III, facilities 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.
- What is the responsibility of the local health departments as it relates to 19 CSR 30-95.040(4)(E)6.A-B and medical marijuana facilities in their jurisdiction?
19 CSR 30-95.040(4)(E)6.A-B states that “Medical marijuana waste that has been rendered unusable may be delivered to a permitted solid waste facility for final disposition. Examples of acceptable permitted solid waste facilities include: A. For compostable mixed waste: Compost, anaerobic digester, or other facility with approval of the local health department; and B. For noncompostable mixed waste: Landfill, incinerator, or other facility with approval of the local health department.”The Department’s regulations require that all licensed facilities comply with all other existing state and local regulations and ordinances. As part of the compliance process and currently during the Commencement Inspection process, the Department is checking to ensure any state or local regulations have been met. The Department interprets “with approval of the local health department” to mean that, if in the normal course of their business, the local health department regulates or approves these types of solid waste facilities or processes, the Department will verify that the medical marijuana facility is utilizing an approved waste facility or process. The Department does not require the local health departments to approve a facility’s plans for any function they would not already approve as part of their normal duties for businesses.