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.

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.

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.

How do I request records beyond my facility’s 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.

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.

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.

Do I have to collect a tax on medical marijuana purchases?

Yes. Per section 4 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.

What forms of payment will the department accept?

The department will accept electronic Check (ACH), 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, e-mail mmlicenses@health.mo.gov. 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.

When will you award facility licenses?

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.

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.

What might 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.

Does the department regulate CBD?

The department is responsible for administering the state’s new medical marijuana program pursuant to Article XIV of the Missouri Constitution, however that article does not change current civil and criminal laws governing the use of marijuana for nonmedical purposes. The following Missouri statutes provide that certain cannabis materials, with express exceptions, are controlled substances, and provide penalties for possession or control of controlled substances: RS Mo. 579.015, 195.010(28), 195.017(4)(w), 195.017(4)(ee) and 195.017(11). Because the department is not responsible for enforcement of the state’s penal statutes, and because CBD products can vary widely in their origin and ingredients, the department cannot opine as to whether any particular CBD product is a controlled substance under the foregoing statutes.

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.

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.

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.

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.

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.

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 operation, 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.

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.

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 facility will be authorized to perform cannabinoid extractions in Missouri?

Extraction will be performed by licensed medical marijuana-infused manufacturing facilities in Missouri.

What should be redacted in responses to Evaluation Criteria Questions?

Written responses – whether given on worksheets, as attachments to worksheets, or both - to these questions must not refer to applicant facility business names and must refer to all individuals by title and initials only, e.g. "Owner A.E.M." or "Principal Officer R.W.M." If an applicant follows these directions, no redactions are necessary. However, if an applicant chooses to provide responses with names of applicant facilities or individuals included, the facility business names and any names, addresses, or social security numbers of individuals must be redacted. Finally, if redacted responses for Evaluation Criteria Questions are submitted, the applicant must also submit an un-redacted version of that same document. In order to prevent unnecessary strain on the application system, applicants are encouraged to submit responses with redacted information only when absolutely necessary to properly respond to the Evaluation Criteria Question. For example: It is not necessary to label each page of a response with the applicant facility’s business name, and doing so would necessitate submitting two versions of those documents – redacted and un-redacted.

For additional information see the Redaction Matrix on the Facility How to Apply page.

Who will need to submit fingerprints for a criminal record check before submitting a facility license/certification application?

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(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

Should an applicant identify for the department what information they consider 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.

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 the 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.