6 min read
Missouri Cannabis Laws
This article gathers the major topics for those interested in Missouri cannabis laws. Missouri has joined the list of states that have legalized the medical use of marijuana within the state. Recreational use of cannabis is illegal so far in Missouri. However, it was decriminalized through legislation enacted in 2014 based on Senate bill 491, which reduced penalties for certain cannabis offenses. In particular, it eliminated the threat of jail time for first-time possession of up to 10 grams of marijuana.
Medical use of cannabis took effect in 2018 by the amendments made to the state constitution. The first legal sales of medical marijuana and marijuana products began in October 2020.
There is a specific state-approved body DHSS (Department of Health Care Services) in Missouri that has the authority and responsibility to create a well-regulated program to ensure the availability of, safe access to, medical marijuana.
Note: Even though medical marijuana is legal in Missouri, marijuana possession remains a federal offense. Federal law applies to offenses committed on federal property, including all national parks, military property, and other lands under federal control. Federal law also applies to offenses involving interstate commerce and importation from other countries.
Dispensary Licensing Regulations
Dispensary licenses in Missouri must not exceed the set limit that is 192. Also, the limit of licenses issued in the congregational districts is 24. One license may be granted per location. Every licensed dispensary is required to pass the annual inspection, or the license will be revoked.
Those who act in the cannabis industry as cultivators, testers, and manufacturers of infused cannabis products must cover the following inventory control system and procedures based on Missouri cannabis laws:
Every dispensary or facility must hire a dispensary agent to take responsibility for all inventory control systems and procedures.
The National Type Evaluation Program controls all weights and measurements of medical marijuana/marijuana products. Measures must be taken in a very accurate manner and must carry at least annual character. Such procedures must be organized at least once a year for persistent results.
Every dispensary or facility must integrate with a seed-to-sale tracking system. It means a dispensary must trace the whole process from seed until it’s purchased by a qualified medical marijuana patient or caregiver and make records into the system. The system must include each day’s starting inventory, sales, acquisitions, expenses, transfers, disposals, and other data to be submitted for inventory control.
Every dispensary or facility must record every amount of medical marijuana sold to qualifying patients in the seed-to-sale tracking system and ensure not to exceed the purchasing limits.
Penalties and Fines
If you intend to open a dispensary in Missouri, you must consider that The DHSS (Department of Health Care Services) imposes fines and penalties for non-compliance. You may invoke a $5,000 fine for improperly packaged products, and you will have to repack them at your expense. If your facility/facilities don’t have a MIP license, you will be fined $10,000 for extracting resins from marijuana using combustible gases and other perilous materials.
Packaging and Labeling
To run a legal cannabis dispensary in Missouri, you must cover the following packaging standards according to Missouri cannabis laws:
- Packaging must not be appealing to a minor;
- All labels of marijuana products must contain a ‘marijuana’ or ‘marijuana infused product’ clear font larger than any other font on the package label;
- The packaging should not boast any health benefits claims and must outline any required warnings;
- The package must include the warning ”Cognitive and physical impairment may result from the use of Marijuana” in at least 7-point font;
- The package must be tagged with the statewide track and trace system information;
- Packaging must be opaque, resealable, and difficult for children under 5 to open.
Track and Trace systems
The first thing you should know is that you must use Metrc as the track-and-trace system in Missouri, and POS software that manages your inventory in sales must be state-approved and integrated with Metrc.
Based on the cannabis laws in this regard, you may use only state-approved track and trace systems to manage your inventory. All sales must be recorded in real-time after every transaction. Remember that non-compliance with these regulations might cause your license to be revoked.
You may only use state-certified trace-and-trace software to manage inventory and report sales as a license holder.
You may deliver medical marijuana in Missouri by Pizza truck model. However, based on Missouri cannabis laws you need to consider the following conditions.
- All payments must be received before the medical cannabis leaves the store.
- While transporting cannabis, you must always have a manifest in the vehicle;
- All transport vehicles must be secure;
- The transport vehicles may not be marked in any way that indicates that marijuana is being transported and must be equipped with:
- A secure lockbox or locking area to store cannabis during transit;
- A secure lockbox to store payments and a video monitoring recording appliance;
- Video surveillance of the driver and passenger compartment of the vehicle and any area where medical cannabis is stored;
- GPS tracking.
A Qualifying Patient
A Qualifying Patient is a Missouri resident diagnosed with at least one (1) of the qualifying medical conditions:
Cancer, Epilepsy, Glaucoma, Intractable migraines unresponsive to other treatment, A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, also multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome, Debilitating psychiatric disorders, including, but not limited to, post-traumatic stress disorder, Human immunodeficiency virus or acquired immune deficiency syndrome, a chronic medical condition that is typically treated with a prescription medication that could lead to physical or psychological dependence, a terminal illness, or any other chronic, debilitating or other medical condition, including, but not limited to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia, and wasting syndrome.
A Qualifying Caregiver
A qualifying caregiver must be 21 years of age or older and responsible for managing the well-being of a qualified patient.
Qualifying patients can designate up to two caregivers, and caregivers can have up to three patients.
Qualified patient(s) and caregiver(s) must be licensed by DHSS (Department of Health Care Services).
Caregiver(s) must be indicated in the primary application and the licensed qualified patient’s approved application as the caregivers for that particular patient to get an ID card.
Caregivers must submit a Patient Authorization Form together with their caregiver application. The mentioned form can be found on the DHSS website and must be completed and signed by the qualified patient.
Click here to find out more about the laws regarding qualifying patients and caregivers.
The regulations provided here are for informational purposes only and do not constitute the issued Missouri cannabis laws.
This article precisely responds to all the questions. It refers to all interesting points about Missouri cannabis laws and regulations, and it’s possible to stay ahead of any foreseeable problems before your startup. Moreover, you will have the right team to support your dream if you select the proper partnerships.