What Will Missouri’s Amendment 2 Actually Do?
Set to take effect on December 6, the new amendment to the Missouri Constitution approved by voters in the 2018 general election (likely to become Article XIV or XV) authorizes qualified medical uses of marijuana and allows doctors to prescribe medicinal marijuana to their patients. Though certain issues and specifics will not be clear until the implementing laws and regulations are created, which should happen within 6 months after the effective date, there are some general guidelines available from the approved language for the introduction of medicinal marijuana in Missouri.
Basics
First, the new article will do nothing to extend or change any existing laws or regulations concerning recreational use of marijuana or non-marijuana products. This means only the qualified medical uses, products, and methods approved for qualified and registered patients as specified in the amendment and implementing laws will be allowed. There will also be no change to the CBD and industrial hemp rules and regulations currently in place in Missouri.
Second, unless a new law or regulation is implemented stating otherwise, the article is not retroactive. The provisions of the amendment and any rules and regulations introduced will be effective on December 6, 2018 (or whenever they are created) moving forward only.
Third, the article does not change any federal laws regarding marijuana use. Marijuana is still classified as a Class 1 controlled substance under federal law. As we will discuss later, this means there are certain legal and business related implications that may still affect any users of medical marijuana.
Rules and Regulations
The Missouri Department of Health and Senior Services will oversee licensing, certification, and the implementation of rules and regulations regarding medical marijuana production, sale, and use. The rules and regulations will cover topics including:
· certification and licensing requirements for both businesses and patients;
· implementing tracking and monitoring systems for safe and secure commercial and at-home growth/manufacture/production within the state;
· requirements for inspections as well as testing and classification of plants and products;
· reporting requirements for doctors, businesses, and patients;
· setting limits on amounts available for purchase and possession for qualified patients.
Qualifying Conditions
Only patients who are Missouri residents with one or more Qualifying Medical Conditions or their primary caregiver are eligible to apply for registration and identification cards for medical marijuana use. Qualifying Medical conditions include:
· cancer;
· epilepsy;
· glaucoma;
· intractable migraines unresponsive to other treatment; · debilitating psychiatric disorders, including PTSD;
· certain chronic medical conditions and diseases whose symptoms include loss of muscle control or muscle spasms including MS, Parkinson’s, Tourette’s;
·HIV/AIDS, and any terminal illness;
· chronic conditions normally treated with prescription medications that have high dependency/addiction rates including opioids, where medical marijuana could be an effective alternative;
· other chronic, debilitating or serious medical condition as prescribed by a physician (including Hepatitis C, Crohn’s, Huntington’s, Alzheimer’s, autism, neuropathies, and others).
This list greatly expands the amount of conditions and diseases available to be treated by cannabis-related products (currently, only epilepsy is approved by name for any type of cannabis-related treatment [hemp extracted CBD]). However, because of the catch-all categories, this may put a strain on medical professionals, particularly at the outset of new policies.
Facility (New Business) types
The amendment will create several new classes of Facilities, businesses that relate to the growth, production and sale of marijuana and marijuana-related products in the state.
A Cultivation Facility encompass facilities that acquire, cultivate, process, store transport, and sell marijuana to other Facilities. Cultivating facilities can be limited by regulation to either a size or plant production limit, depending on the type of facility and equipment used in the facility. Licenses for Cultivation Facilities are 3 year renewable licenses, with an initial application fee of $10,000 within the first 3 years of the effective date, and $5,000 after. Once the license is granted, there is a $25,000 annual fee per facility license (each facility must have its own license, limited to 3 per commonly-owned/managed entity). Statewide, Cultivation Facilities can only be limited to the extent that there are no fewer than 1 per every 100,000 inhabitants of the state.
A Testing Facility is a Department-certified facility licensed to acquire, test, certify and transport marijuana. Testing Facilities may not have substantially common control, ownership, or management as another Facility type. There will be at least 2 Testing Facilities certified in the state.
Marijuana-Infused Products Manufacturing Facilities are facilities who may acquire, manufacture, store, transport and sell marijuana-infused (non-smoking use) products to other Facilities. Licenses for MIPM Facilities are 3 year renewable licenses with a $6,000 initial application fee within the first 3 years of the effective date, and $3,000 after. Once granted, MIPM Facilities must pay a $10,000 annual fee per facility license (each facility must have its own license, limited to 3 per commonly-owned/managed entity). Within the state, MIPM Facilities can only be limited so that there are no fewer than 1 per every 70,000 inhabitants of the state.
A Dispensary Facility is a facility that may acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient, primary caregiver or other Facilities. Licenses are 3 year renewable licenses with a $6,000 initial application fee within the first 3 years of the effective date, and $3,000 after. Once granted, Dispensaries must pay a $10,000 annual fee per facility license (each facility must have its own license, limited to 5 per commonly-owned/managed entity). Dispensaries in Missouri may be limited only to the extent that there are no fewer than 24 licenses per (current) US Congressional District of the state.
Other than Testing Facilities, there is nothing (other than money) to limit or prevent an entity from owning multiple Facility categories or a particular location being licensed in several Facility categories, such as a MIPM Facility also being licensed as a Dispensary Facility.
Licensing/Certification
As soon as 30 days after the effective date, but no later than 240 days after the effective date (around August 2019), the department will begin to accept applications for licensing and certifications. Once received, a Facility license application must be approved or denied within 150 days. If not approved or denied after this point, the applicant may seek a court order to compel a decision from the department.
Qualifying patients and caregivers will be charged an identification card certification fee of $25 per year per card. Once received, an identification card application must be approved and issued or denied with a written explanation within 30 days. If the department fails to make a decision by that point, the physician’s certification may be able to serve as their identification card for up to one year (provided a decision still hasn’t been made).
Any denial of an application, identification card or renewal may be appealed to the Administrative Hearing Commission and final rejections may be appealed through a court proceeding.
Limitations
There are several limitations to the introduction of medicinal marijuana built in to the amendment’s language. Interstate, federal travel is not covered by the amendment (you probably won’t be able to fly with your weed). The amendment also does not allow for driving or operating “dangerous vehicles or devices” while under the influence, nor does it protect qualified patients against DUI arrests/convictions. There are also several possible employment ramifications that may apply, depending on the rules and regulations that come to interpret the amendment. For instance, the current wording does not prohibit an employer for terminating an employee who is under the influence or marijuana while at work, even if it is for the treatment of a qualifying medical condition. These types of provisions may be altered or interpreted differently than currently worded, but it is not currently clear how.
Hopefully this primer has given a little explanation into the basics of the new medical marijuana rules in Missouri. Be sure to stay tuned for updates and further posts about the impacts this amendment will have on Missouri law and businesses!
