Back to Main FAQs

Appeals

  • How do I file a petition with the Missouri Administrative Hearing Commission?
    • Any person or entity entitled to appeal to the administrative hearing commission under 19 CSR 30-95.025 must file a petition with the administrative hearing commission within thirty (30) days after the date the Department decision is sent to the person or entity. Information on filing a petition before the AHC may be found here: https://ahc.mo.gov.

CBD

  • Does the Department regulate CDB?
    • The Department is responsible for administering the Missouri Medical Marijuana Regulatory 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: RSMo. 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.

Consumption

  • Where can I publicly consume medical marijuana?
    • Per 19 CSR 30-95.030, no qualifying patient shall consume marijuana for medical use in a public place, unless 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. See 19 CSR 30-95.010(33) for more information.
  • Can I consume medical marijuana and drive?
    • The patient identification card does not offer individuals protections from violating laws pertaining to operating a motorized vehicle while under the influence.  Nothing in Article XIV permits a person to operate, navigate, or be in actual physical control of any dangerous device or motor vehicle, aircraft or motorboat while under the influence of marijuana.

Delta 8 and 10

  • I’ve seen “Delta-8 THC” and “Delta-10 THC” products advertised in Missouri hemp shops that look like marijuana. Is this something DHSS regulates?
    • No. Under Article XIV, DHSS regulates medical marijuana and products derived from medical marijuana sold at licensed dispensaries, and the law excludes hemp or hemp-derived products from DHSS' authority.

      THC is a compound found in marijuana. Delta-9 THC is what most people are referring to when talking about the THC in marijuana. Delta 8 and Delta 10 THC can come from the marijuana plant and can be found in regulated medical marijuana, but they are more typically derived from hemp and have slightly different chemical structures. The Missouri Department of Agriculture regulates the cultivation of industrial hemp. Additional information about that regulatory program can be found here: https://agriculture.mo.gov/plants/industrial-hemp/.

  • Are Delta-8 and Delta-10 products legal?
    • The medical marijuana program takes no position on the legality of hemp-derived Delta-8 and Delta-10 THC at this time.

Program Implementation

Purchase and Possession

  • How much medical marijuana can I buy?
    • The qualifying patient’s physician may certify up to four ounces of dried, unprocessed marijuana, or its equivalent, in a 30-day period. If there is a compelling reason why the qualifying patient needs a greater amount, then the Department requires two independent physician certifications specifying what other amount the qualifying patient needs.  See 19 CSR 30-95.030(5)(E) for more information.
  • When will medical marijuana be available for purchase at licensed Missouri facilities?
    • Facility licenses have been awarded, and a list of licensed facilities can be found on the Licensed Facilities page. Facilities are required to pass a commencement inspection prior to becoming operational. The Department cannot say when facilities will be open since much depends on the circumstances and readiness of each business. However, if facilities are ready build, are in compliance with rules, and do not choose to make changes to their plans that require additional approvals, they could be operating as soon as Mid-2020.
  • Will I be able to go to the pharmacy to purchase medical marijuana with my identification card?
    • No, only a Missouri licensed dispensary facility will be authorized to sell medical marijuana to patients.
  • Can someone with an out-of-state medical marijuana card purchase marijuana from a licensed dispensary or cultivate their own marijuana in Missouri?
    • No. Licensed dispensaries may accept only Missouri-issued cards, and any patients cultivating marijuana in Missouri must do so in accordance with all the provisions in 19 CSR 30-95.030.
  • If I have a patient license from another state, can I purchase medical marijuana in Missouri?
    • No. There is no reciprocity between Missouri’s Medical Marijuana Program and other state medical marijuana programs. Just because you are licensed in another state doesn’t automatically qualify you for a license in Missouri. Patients may purchase medical marijuana in Missouri only upon presentation of a Department-issued patient identification card.
  • Does the Department have a list of dispensaries?
    • The Department maintains a list of licensed dispensaries on its website.
  • Do I have to pay taxes on medical marijuana purchases?
    • Yes. Dispensaries are required to charge four percent of the retail price in additional to any other applicable state or local taxes.
  • Can I legally possess medical marijuana now?
    • Only those patients and caregivers with a valid Department-issued identification card may legally possess marijuana in accordance with 19 CSR 30-95.030. Article XIV of the Missouri Constitution provides that, once the Department begins accepting patient applications, those applications will be acted upon by the Department within 30 days after receipt.
  • Can someone with an out-of-state medical marijuana card or physician certification possess medical marijuana in Missouri?
    • Section 1, subsection 5(1) of Article XIV provides that a person who produces an “equivalent identification card or authorization issued by another state or political subdivision of another state” will not be subject to arrest or other sanctions under Missouri law for possession of marijuana in quantities less than the limits for qualified Missouri patients.

Qualifying Conditions