Back to Main FAQs

Agent ID Cards

  • Is there a residency requirement for an individual to be issued an Agent ID card?
    • No. There are no restrictions for the issuance of an Agent ID to a facility employee who resides in another state.
  • How do I change my Agent ID contact information?
    • Agent ID contact information can be updated by going to the Missouri Medical Marijuana Registry Portal, https://mo-public.mycomplia.com, and completing an Agent Update.
  • Is there a minimum age requirement for employees to work in a licensed medical marijuana facility?
    • No. The Department has no specific minimum age requirement for Facility Agents. Facility employment is subject to the same generally applicable employee age restrictions in Missouri.
  • 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.

Applications

  • 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.

Building Requirements

  • 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, Signage and Advertising

  • Can a physician use the terms “teamed-up” or “partnered with” when referring patients to a dispensary?
    • The Department does not regulate off-premises advertising. Please note physicians are not allowed to certify qualifying patients on the dispensary facility’s premises pursuant to 19 CSR 30-95.080(2)(P).
  • Are there regulations and/or prohibitions regarding the use of a marijuana leaf on billboards?
    • Yes, if the billboards are located on facility premises. Pursuant to 19 CSR 30-95.040(4)(M), the use of images or visual representations of marijuana plants, products, or paraphernalia, including smoke, is prohibited on outdoor signage located on facility premises as well as on indoor signage visible from a public right-of-way. Additionally, all signs and advertising must comply with local ordinances for signs and advertising.

      The Department currently has no regulations regarding advertisements at locations other than facility premises.
  • Are dispensaries allowed to use a green cross symbol on facility premises that is visible to the general public from a public right-of-way?
    • No, a green cross symbol is considered a representation that indicates the presence of medical marijuana and therefore is not allowed per 19 CSR 30-95.040(4)(M).
  • 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 a facility's logo be utilized in outdoor signage?
    • A facility’s trade name or fictitious name that has been registered and approved by the MO SOS office; and
    • The facility’s logo, as long as the logo meets all other rules per 19 CSR 30-95 and local requirements.
    • Outdoor signage must comply with any local ordinances for signs or advertising and may not display any text other than the facility’s business name or trade name, address, phone number, and website. Further, outdoor signage may not utilize images or visual representations of marijuana plants, products, or paraphernalia, including representations that indicate the presence of these items, such as smoke.

Change Requests

  • If a dispensary is not offering product delivery immediately upon opening, as stated in their initial application, is a change request required for the facility to begin operations?
    • No. However, the Department will include a finding in its Approval to Operate summary report regarding the discrepancy between what was proposed and what was implemented as well as a projected implementation deadline for adding delivery services. Whether or not a facility proposed delivery in its application, if it wishes to implement delivery after passing a Commencement Inspection, the facility must notify the Department of its intent to begin transportation operations prior to beginning such operations to allow the Department the opportunity to conduct an inspection to verify compliance with the transportation facility requirements of 19 CSR 30-95.100 and to determine an implementation deadline if such requirements have not been met.
  • 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.

Commencement Inspection

  • What are the Department’s expectations for licensed dispensary facilities regarding seed-to-sale tracking systems during the physical Commencement Inspection?
    • Facilities will need to perform a mock sale in order to demonstrate that their chosen state certified seed-to-sale platform is operational and integrated into the statewide track and trace system.
  • How is a cultivation facility’s flowering canopy square footage calculated during the Commencement Inspection?
    • The Department will use a standard measurement formula (length x width) to calculate square footage of areas containing flowering plants.
  • What is the Department’s guidance to licensed medical marijuana facilities in regard to submitting documentation of local and municipal safety and systems inspections (e.g., fire, emergency response, process and wastewater, etc.) related to the facility’s Commencement Inspection process?
    • Pursuant to 19 CSR 30-95, the Department expects licensed medical marijuana facilities to adhere to local and municipal regulations regarding those areas of their business subject to those regulations.

      As part of the Commencement Inspection process, the Department asks that all licensed facilities schedule an inspection with the appropriate local authority and submit a report or other official documentation from the local authority indicating that the facility meets local requirements for that area of their business.

      A list of required documentation can be found on the Facility Resources page at: https://health.mo.gov/safety/medical-marijuana/resources.php.
  • Can licensed facilities complete the document inspection portion of the Commencement Inspection process while finishing up with preparations for the on-site inspection?
    • Yes. The Department currently asks that facilities submit all documentation within three calendar days from the start of the Commencement Inspection process. We recommend having the documentation complete prior to requesting your Commencement Inspection.
  • What should licensees do regarding documentation requested during the Commencement Inspection process that local or municipal governments do not require or issue (e.g., zoning inspections, certificates of occupancy, etc.)?
    • If your local government does not require documentation or has provided an exception for certain requirements outlined in 19 CSR 30-95, the licensee should submit a letter from the governing body confirming they do not require such documentation or outlining the exemption from local ordinances in lieu of the requested document.
  • Will a quote be sufficient as "proof of insurance" during the Commencement Inspection?
    • No. Proofs of insurance from the insurer are required prior to receiving an Approval to Operate letter from the Department. However, if the insurance company does not provide the proof of insurance until the Department’s Approval to Operate letter is received, the Licensee must provide the proof within three business days from the Approval to Operate letter.
  • 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?

Conditional Denials

  • 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.

Dispensaries

  • What constitutes a government-issued photo ID that a dispensary may accept for transactions pursuant to 19 CSR 30-95.080(2)(C)4?
    • Examples of acceptable government-issued photo IDs include, but are not limited to: a valid Missouri driver’s license, Missouri Identification Card, a valid or expired undamaged 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 medical marijuana for a non-emancipated qualifying patient under the age of 18 pursuant to 19 CSR 30-95.030(6)(D).
  • Are dispensaries allowed to enter only a caregiver ID on a sales receipt without logging the patient ID?
    • No. Because it is possible for an individual to be a primary caregiver for more than one qualifying patient, a patient ID must be associated with the sale, so that all medical marijuana purchases are recorded and reported accurately.
  • 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.
  • 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.
  • Can dispensaries sell to other dispensaries?
    • Yes. Dispensaries are permitted to sell medical marijuana to other dispensaries pursuant to 19 CSR 30-95.010(23).
  • Are dispensaries required to obscure any windows that provide a view of the sales floor?
    • No. The Department would consider a visible sales floor compliant as long as the physical medical marijuana, paraphernalia, or advertisements are obscured from the general public's view from a public right-of-way per 19 CSR 30-95.040(4)(M)1. Further, facilities with windows in a limited access area must ensure either that the window cannot be opened and is designed to prevent intrusion or that the window is otherwise inaccessible from the outside, pursuant to 19 CSR 30-95.040(H)4.
  • If a patient explicitly says that they are purchasing 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?
    • The medical marijuana product label is required to list the instructions for use pursuant to 19 CSR 30-95.040(4)(K)4.B. The facility may educate the patient on risks associated with foregoing the product’s intended use pursuant to 19 CSR 30-95.080(2)(A)6. However, neither the facility nor the agent is required to notify the Department. Any patient or caregiver who chooses to administer a product differently than instructed is assuming that risk.
  • 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 transactions can be completed pursuant to 19 CSR 30-95.080(2)(C). 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 dispensaries allowed to accommodate home delivery to individuals with valid medical cards?
    • Yes. The Department has outlined home delivery requirements in 19 CSR 30-95.080(2)(C); 19 CSR 30-95.080(2)(G); and 19 CSR 30-95.100(2)(D)2.
  • Can a patient bring their children in the dispensary or use an underage person/child as a translator when purchasing cannabis?
    • 19 CSR 30-95 does not prohibit minors from entering a dispensary. However, as with any other individuals, minors may only accompany a qualifying patient beyond the facility’s access point area if they are there to support the qualifying patient. Pursuant to 19 CSR 30-95.080(2)(E)2, only qualifying patients, primary caregivers, and up to two additional persons to support the qualifying patient may enter beyond the facility’s access point area. Additionally, in any limited access area where medical marijuana is accessible, the facility shall only allow access at any given time for a number of qualifying patients and/or primary caregivers equal to the number of staff available to serve those individuals at that time.
  • Are dispensaries allowed to sell gift cards?
    • Yes. Gift cards are allowed as long as medical marijuana purchases are made by qualifying patients or caregivers pursuant to 19 CSR 30-95.080(2)(C).
  • Are licensed dispensaries required to have a physical separation between the patient access point and waiting room?
    • No. Dispensary requirements regarding the facility floorplan and patient access are outlined in 19 CSR 30-95.080(2)(E). 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 medical marijuana is accessible. Facilities must be able to ensure that only qualifying patients, primary caregivers, and patient designees may enter the limited access area where medical 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 dispensaries required to provide patient consultation rooms? If so, is it required to be accessible from the waiting room?
    • No. The Department has not outlined any standards regarding patient consultation rooms in dispensaries. However, if a facility included plans for a consultation room in its application for licensure worksheets or blueprints/site plans, the Department would expect those features to be included during the Commencement Inspection process unless a change request is submitted prior to the inspection.

      For more information on Material Deviations, Change Requests, and Commencement Inspection requirements, see the Facility Resources page at https://health.mo.gov/safety/medical-marijuana/resources.php, specifically Guidance Letters 5 and 7.
  • Are dispensaries required to take payment for products prior to making a delivery to a qualifying patient or caregiver?
    • Yes. Pursuant to 19 CSR 30-95.080(2)(C)3, payment for all medical marijuana products must be received by the dispensary prior to those products leaving the dispensary.
  • 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.

Fees and Taxes

  • How are federal taxes addressed for licensed medical marijuana facilities?
    • The Department does not have any recommendations for federal tax preparation. Please contact the IRS at 800-829-4933 for more information.
  • When is the application fee due for a transportation or seed-to-sale facility certification?
  • 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?
  • 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 mmlicenses@health.mo.gov 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 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.

Infused Product Manufacturing

  • 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 pursuant to 19 CSR 30-95.030(3)(B)1.I.
  • Does the Department require any labeling on the edible itself regarding THC content, dosage, or warnings similar to the requirements on the packaging?
    • No. THC content or other warnings required to be on the packaging are not required to be displayed on the edible itself.
  • What are the acceptable levels of variance regarding cannabinoid content in edibles? For example, if a manufacturer produced a product with a target of 10 mg, but the product test reflected 9.5 mg, would the manufacturer be allowed to label the product as 10 mg?
    • Any milligram amount listed on a package’s primary display panel or information panels must be exact and reflect what was reported by the testing facility.
  • Are there any regulations regarding dosages per serving or container for medical marijuana infused products?
    • Not specifically. 19 CSR 30-95.060(2)(E) requires manufacturing facilities that produce ingestible medical marijuana-infused products to comply with the applicable food safety standards set forth in 19 CSR 20-1.040, which requires a statement of the quantity of a product on its label. See also §196.075, RSMo. 19 CSR 30-95.040(4)(K)4 discusses the labeling requirements, including the total weight of marijuana included in the package and the THC, tetrahydrocannabinol acid, cannabidiol, cannabidiol acid, and cannabinol concentration per dosage. The Department has not outlined any dosage limits for milligrams of THC per edible product. Please keep in mind the patient possession limitations when creating products for the market. A copy of Missouri’s Medical Marijuana Equivalency units, or MME, can be found here: https://health.mo.gov/safety/medical-marijuana/pdf/mm-quivalency-units.pdf.
  • Is there a maximum allowable dosage for THC-infused edibles?
    • Currently, the regulation outlines no limit to the amount of THC per piece or dose for infused edibles. However, packaging and labeling must be made pursuant to 19 CSR 30-95.040(4)(K) and Missouri law (195.805 RSMo). Additionally, 19 CSR 30-95.030(5) provides limits to the amount of marijuana each qualifying patient or primary caregiver may purchase and possess.
  • 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).

Licensing/Certification

  • 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.
      The requested affidavit should be emailed to the facility’s assigned License Specialist or the Licensing Manager. The Department of Health and Senior Services, Medical Marijuana Regulatory Program will issue a letter confirming acceptance of the surrender and provide any additional information related to the deactivation of the account as applicable.
  • 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 mmlicenses@health.mo.gov.

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.

Odor Control

  • What is the certificate of compliance/letter of certification for odor control, and where can one be obtained?
    • Cultivation and Infused Product Manufacturing facilities must provide a certificate of compliance/letter of certification from a professional engineer, or industrial hygienist, pursuant to 19 CSR 30-95.050(2)(C) and 19 CSR 30-95.060(2)(B).
  • Are dispensaries required to have an odor control plan and inspection?
    • No. Pursuant to 19 CSR 30-95.050(2)(C) and 19 CSR 30-95.060(2)(B), only Cultivation and Infused Product Manufacturing facilities must develop, implement, and maintain an odor control plan.

Packaging and Labeling

  • Does the Department require a specific font size for “Marijuana” and “Marijuana Infused Product” printed on product labels?
    • No. Per 19 CSR 30-95.040(4)(K), the Department requires the font size of “Marijuana” or “Marijuana-infused Product” to be at least as large as the largest font used on the package. The required warning label must be in a font no smaller than 7-point type. Therefore, “Marijuana” or “Marijuana-infused Product” must be at least 7-point type.
  • Can a facility use a portion of an animal, such as a bird feather or wing, as their logo and/or on edible products?
    • Yes. 195.805 RSMo pertains to edible products, packaging, and logos and specifically prohibits designs in the shape of “a human, animal, or fruit.” Per 19 CSR 30-95.040(4)(K), facilities shall not manufacture, package, or label marijuana in a false or misleading manner, in any manner designed to cause confusion between a marijuana product and any product not containing marijuana, or in any manner designed to appeal to a minor. No branding, artwork, or other information or design elements included on marijuana or marijuana-infused products shall be placed in such a way as to obscure any of the information required to be displayed on the label. Please also reference Guidance Letter 6.
  • Does medical marijuana packaging need to remain childproof for the entire life of the product or just until the product leaves facility premises?
    • Yes. The Department requires medical marijuana retail packaging to remain child resistant for the life of the product pursuant to 19 CSR 30-95.040(4)(K)3. Patients and caregivers must also keep the product with its packaging pursuant to 19 CSR 30-95.030(5)(C).
  • Are logos that contain realistic animals only prohibited on packaging designed for edible products?
    • No. The Department prohibits the use of realistic animals on all products. See Guidance Letter 6.
  • Are there any restrictions with using marijuana leaves on medical marijuana product packaging?
    • No. The Department has no regulation disallowing the use of marijuana leaves on medical marijuana product packaging.
  • Can a picture of the actual product be included on the front label of the packaging?
    • If the packaging is intended to comply with 19 CSR 30-95.040(4)(K)3, then no. Product pictures would conflict with the intent of the opaque packaging requirement.
  • Is there a universal symbol required for all medical marijuana products sold in Missouri?
    • No. However, §195.805, RSMo requires the use of a universal symbol for edible marijuana products with at least 10 mg of THC. Guidance document 6 on the Department website (https://health.mo.gov/safety/medical-marijuana/resources.php) contains information regarding §195.805, RSMo and the specific legal requirements for the design and packaging of edible marijuana products.

      The Department has no regulations outlining the use of a universal symbol on product packaging of non-edible products, provided the packaging is designed pursuant to 19 CSR 30-95.040(4)(K).
  • What are the labeling requirements for medical marijuana in Missouri?
    • Packaging requirements for medical marijuana generally, are found in 19 CSR 30-95.040(4)(K). Marijuana and infused product label requirements are found in 19 CSR 30-95.040(4)(K)4. Additionally, Missouri law (195.805 RSMo) mandates that a THC Stamp (Universal Symbol) be placed on all edible medical marijuana products with at least 10 mg of THC.

      More information can be found in Guidance Document 6 at https://health.mo.gov/safety/medical-marijuana/resources.php and in 195.805 RSMo at https://revisor.mo.gov/main/OneSection.aspx?section=195.805.

Security

  • Are continuous recording capabilities required pursuant to 19 CSR 30-95.040(4)(H)1.C.(III)?
    • No. Video cameras are to operate in such a way as to allow identification of people and activities in the monitored space in all lighting levels. The Department does not require facility security systems to have continuous recording capabilities.
  • Is key card loss or theft considered a reportable security malfunction, or could the facility just handle internally by deactivating the card?
    • The Department would not consider a lost or stolen key card as a reportable security malfunction. An example of a reportable security malfunction would be a security camera losing connection.
  • What are battery backup requirements for licensed facilities regarding security system video cameras and recording equipment?
    • The Department requires a battery backup capable of supporting video cameras and recording equipment for at least 60 minutes pursuant to 19 CSR 30-95.040(4)(H)1.C(VI).
  • Is there specific guidance for receiving deliveries into a licensed facility?
    • No. While the Department does not provide specific guidance on how facilities perform this task, all facilities must comply with the Rules in regard to establishing operational policies and procedures, as well as maintaining appropriate seed-to-sale records, in accordance with 19 CSR 30-95.040(4)(H), 19 CSR 30-95.040(1)(F), 19 CSR 30-95.040(4)(G), 19 CSR 30-95.090(3) and 19 CSR 30-95.100(2).
  • Do cash and product vaults have to be in separate rooms?
    • No. The Department has not outlined any instructions for the separation of cash and medical marijuana product.
  • 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.

Transportation

  • Are dispensaries allowed to pick-up product from other licensed facilities?
    • No. Medical marijuana dispensaries are only allowed to transport medical marijuana to other medical marijuana dispensary facilities, medical marijuana testing facilities, or medical marijuana-infused products manufacturing facilities pursuant to 19 CSR 30-95.010 (23). There is no provision for transportation from such facilities. Because this is a requirement in Article XIV, it cannot be waived by the Department.
  • Can product be returned to a transportation facility's primary address to be temporarily housed and transferred to another vehicle as long as the final delivery is made within 24-hours?
    • Yes, please see 19 CSR 30-95.100(2)(B).
  • Is there a minimum or maximum requirement on the number of drivers and/or guards per vehicle when transporting medical marijuana?
    • No. The Department has no rules outlining the number of employees required to be present when transporting medical marijuana.
  • Does a separate security guard need to be present in medical marijuana transportation vehicles, or can the driver be armed and act as both?
    • The Department does not require armed guards to be present during transportation of medical marijuana.
  • Can medical marijuana product be stored within a transportation licensee’s vehicle inside a garage in the event that there is an unexpected delay in delivery of the product?
    • Yes, if the medical marijuana is stored within a secure location meeting all the requirements of 19 CSR 30-95.040(4)(H). In the event extenuating circumstances necessitate holding medical marijuana longer than 24 hours, the transportation facility shall notify the Department of the circumstances and the location of the medical marijuana in accordance with 19 CSR 30-95.100(2)(B).
  • Is a gate required at the point of access to a transportation facility’s property?
    • No gate is required, but transportation facilities are required to adopt security measures and controls for the prevention of diversion, inversion, theft, or loss of medical marijuana, in accordance with 19 CSR 30-95.100(2)(A)1.
  • Are there specific security requirements for employee access to a transportation facility’s property?
    • Yes. A transportation licensee’s primary facility must meet all security requirements outlined in 19 CSR 30-95.040(4)(H), pursuant to 19 CSR 30-95.100(2)(D).
  • What defines an “originating facility” for the purpose of a transportation facility?
    • “Originating facility” refers to the cultivation, manufacturing, dispensary, or testing facility from which a transportation facility receives medical marijuana for delivery.
  • Can a warehouse location, owned and operated by a certified transportation facility, be considered an “originating facility” as defined by the regulation?
    • No. The only exception to this would be where the transportation facility also has a cultivation, manufacturing, dispensary, or testing license, and the warehouse is used for the other license held by the transportation facility. Per 19 CSR 30-95.100(2)(B), transportation facilities are required to transport medical marijuana from an originating facility to a destination within 24 hours, except when delayed by extenuating circumstances. In such circumstances, the transportation facility may hold the product(s) longer than 24 hours if they notify the Department as to the circumstances and the location of the medical marijuana. In the event the transportation facility holds the product(s) longer than 24 hours and uses its own warehouse to do so, the warehouse does not become the new originating facility. It is merely a temporary holding facility between the originating facility and the final destination.

      The Department’s interpretation is that, in the normal course of business, the use of warehouses for storage of medical marijuana by transportation facilities is not allowable under rule since “extenuating circumstances” are, by definition, extraordinary rather than workaday in nature.

      All offsite warehouses must be approved through a change request pursuant to 19 CSR 30-95.040(4)(C).

Waste

  • Is a transportation certification required for the transport of non-hazardous waste products from cultivation, manufacturing, dispensary, and/or testing facilities?
    • No, a transportation certification is not necessary provided the waste is non-hazardous and has been rendered unusable per 19 CSR 30-95.040(4)(E)6.
  • Are facilities allowed to dispose of plant waste by mulching the product and turning it into biomass that can be used by cultivators?
    • Yes. Composted medical marijuana waste retained by a facility may be redistributed to growers provided it has been rendered unusable and that doing so complies with all other state and local regulations. All waste final disposal records must be maintained for at least 5 years pursuant to 19 CSR 30-95.040(4)(E)1. Therefore, all redistributed compost would need to be weighed and recorded.
  • Is a transportation license needed to handle hazardous waste?
    • The Section for Medical Marijuana Regulation does not regulate hazardous waste outside of 19 CSR 30-95. Facilities will need to contact the Missouri Department of Natural Resources’ Environmental Remediation Program at 573-751-3176 regarding hazardous waste handling and transportation.
  • If a facility will not use volatile solvents, do they still need a plan for hazardous waste storage, handling, or disposal?
    • 19 CSR 30-95.040(4)(E)3 provides that it is the responsibility of each waste generator to properly evaluate their waste to determine if it is a hazardous waste per 40 CFR 262.11. If a generator’s waste qualifies as a hazardous waste, then that waste is subject to the applicable hazardous waste management standards, including a hazardous waste storage, handling, or disposal plan.
  • Where can a facility get the hazardous waste generator ID?
    • Facilities that produce hazardous waste must register with the Missouri Department of Natural Resources. The hazardous waste generator e-reporting registration form can be found at https://dnr.mo.gov/forms/780-2531-f.pdf. For additional information concerning hazardous waste generator registration, call 573-751-3204.
  • 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.