Missouri Medical Marijuana: Implementation Info and Updates
As we begin to approach the release of the official rules that will regulate Medical Marijuana industry in Missouri, here is an update on the progress that has been made and some interesting developments on the horizon.
Amendment 2 progress and updates
As of Feb. 20, 2019, a total of 434 pre-filed application fees totaling more than $3,128,000 have been received by the Department of Health and Senior Services (DHSS), including fees for the applications of over 130 Cultivation Facilities, 235 Dispensary Facilities, and 65 Medical Marijuana-infused Manufacturing Facilities.
As far as progress on the implementation of Amendment 2, there is still a great deal of work to be done. As of this writing, only one set of draft rules has become available to the public regarding the roll-out of the medical marijuana system. These rules are important because they will address issues like whether out of state products may be sold in MO (say, if Dispensaries and MIP Facilities may be allowed to sell/make products before first the Cultivation Facility crops are harvested), requirements and restrictions for doctors, patients, and facilities, possibly specifics about the applications, scoring process and other clarifying information.
Draft Rules — Set 1
The first set of rules concerns patient and caregiver qualifications and applications, as well as personal possession and cultivation limits. Here’s a quick rundown of the major sections:
Patient/Caregiver Identification Card Applications
· $25/year per card
· Basic Info (Name, DOB, SSN, Missouri Address, email address)
· Proof of residence (DL, Car Registration, Utility Bill, etc)
· Government Issued Photo ID
· Passport-style photo
· Statement that doctor’s reference has been submitted
· Optional low-income assistance statement
· Name and SSN of the qualifying patient (For Caregivers)
· Statement that Caregiver is the parent or legal guardian for patient (For Caregivers of non-emancipated patients)
· Renewable 30–60 days before expiration
Patient/Caregiver Cultivation Card Applications
· $100/year per card
· Same basic Info
· Address where the plants will be cultivated (Enclosed, locked and secured)
· Description of security arrangements and processes to restrict access to only the patients and/or caregivers
· If shared with other patients/caregivers, name and SSN of others who will be sharing the facility
· Statement giving permission for the department to access the facility upon request
· Renewable 30–60 days before expiration
The Application Process
· One month — approval or written explanation of denial
· If the process is not completed within 30 days Department will issue an alternate card which will serve as the patient card for 1 year
· May be denied or revoked for:
False or misleading information in the application
Incomplete application after a warning is given by the department
Violation of the Amendment or rules
Possession of a greater amount of medical marijuana than allowed
Violation of drug or medical marijuana-related laws
2 denials within 12 months, 2 revocations within 24 months, or 1 denial and 1 revocation within 24 months
Failure to allow access upon request from the Department
If the patient dies or releases the caregiver from service (For Caregivers)
Medical marijuana found in another’s possession without report of it being lost or stolen
Limitations
· Patients or caregivers may only purchase 4 ounces or its equivalent in a 30 day period
· Patients or caregivers may only possess a 60 day (90 day for cultivating patients) supply of dried unprocessed marijuana or its equivalent
· All purchased marijuana or marijuana products must be stored in its original packaging
· Patients can have 2 independent physicians certify a larger amount is required for the patient and, therefore, increase their supply limitations
· Cannot consume in public
· If lost or stolen, patient or caregiver must notify the department within 2 days
· If there is excess or if the patient dies, such excess must be turned over to a licensed dispensary within 30 days
A public forum was held by the DHSS on 2/13 in Jefferson City to take public opinion and suggestions on the form and content of the rules, so it is possible that more draft rules may be coming soon. Due to the response and demand, the department will be holding additional forums held throughout the state in the next two weeks. The forum in Kansas City will be held on March 6 at UMKC.
On the Horizon
Below is the general timeline from the DHSS for some details of the roll-out:
- June 4, 2019 — Application forms and instructions will be available. (Presumably most if not all Final Rules will be out by this time)
- July 4, 2019 — Applications for identification cards will begin to be accepted.
- Aug. 3, 2019 — Facility applications will begin to be accepted.
After August, processing times and startup periods will be the remaining hurdles for availability to patients with possible options for possession/consumption depending on the rules.
See https://health.mo.gov/safety/medical-marijuana/index.php.
Recreational Bill
On January 15, 2019, a bill was introduced in the Missouri House that would provide for options to legalize marijuana and decriminalize it across the state to a large extent.[1] The bill would allow localities/counties to individually vote on whether to allow persons over the age of 21 to be able to grow, sale, manufacture, possess, and use marijuana within its limits.[2] As with Amendment 2, the Department of Health and Senior Services, in conjunction with the Department of Public Safety’s Division of Alcohol and Tobacco, would oversee licensing and rule promulgation for the implementation of the new system. As of yet there has been no action on the bill.[3]
[1] https://house.mo.gov/billtracking/bills191/sumpdf/HB0551I.pdf.
[2] https://house.mo.gov/billtracking/bills191/hlrbillspdf/0734H.02I.pdf; see also https://house.mo.gov/billtracking/bills191/sumpdf/HB0551I.pdf.
[3] https://house.mo.gov/billtracking/bills191/hlrbillspdf/0734H.02I.pdf.
