Missouri Cannabis Laws for Dispensaries

PURPOSE: This rule explains how medical and marijuana facility licensing and certification applications, with the exception of seed-to-sale tracking system entity applications, are submitted and how the Department of Health of Senior Services selects licenses and certificates.

(1) Conversion from a medical facility license to a comprehensive facility license.(A) A medical facility licensee may request its medical facility license convert to a comprehensive facility license.1. Conversion requests must be submitted in a department- provided, web-based application system.2. Conversion requests shall include a plan that explains how the applicant will serve both the medical and adult-use markets, while maintaining adequate supply at a reasonable cost to qualifying patients.3. Conversion requests shall include a plan to promote and encourage participation in the regulated marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition.4. Conversion requests shall be accompanied by a nonrefundable fee of two thousand dollars ($2000).5. A conversion request is deemed received when all required documents and fees are received by the department.6. The department shall approve or deny conversion requests by email to the licensee's designated contact within sixty (60) days after the conversion request is received. Conversion requests not processed within sixty (60) days of department receipt shall be deemed approved.7. If the comprehensive facility previously received approval to operate as a medical facility, the comprehensive licensee may begin operating without additional approvals or inspections from the department. If the comprehensive facility did not previously receive approval to operate as a medical facility, the comprehensive licensee may not operate until it requests a commencement inspection and receives approval to operate as a comprehensive facility.8. A conversion request will be granted unless the medical facility licensee is not in good standing with the department. Good standing means the license is not suspended or revoked at the time the request is made.(B) Converted comprehensive licenses will retain the same expiration date assigned to the medical license.(2) Facility application process.(A) The department will publish on its website time periods during which it will accept applications and, when applicable, publish the number of licenses to be selected by lottery. The department may extend an existing application time period by posting a new application deadline on its website.(B) Applications will be considered complete if the application includes all documents required for applications by this rule.(C) The department will receive applications for all medical and marijuana facility licenses or certifications electronically through a department-provided, web-based application system. In the event of application system unavailability, the department will arrange to accept applications in an alternative, department-provided format and will notify the public of those arrangements through its website.1. The department shall charge each applicant seeking an available medical or marijuana facility license an application fee to be submitted with the application. The department shall publish the current fees, including any adjustments, on its website.2. Application fees are nonrefundable, except that a microbusiness facility applicant not chosen by lottery may request a refund of its application fee.A. Requests for a refund will be accepted beginning thirty-one (31) days after the date of the denial but no later than six (6) months after the date of the denial.B. The application fee will be refunded if the department determines the microbusiness facility applicant met the criteria to apply for a microbusiness facility license and the applicant has no pending or future legal actions related to the denial of the application. Issuance of a refund is not a determination from the department that the applicant is qualified for licensure or is entitled to a license in future applications(D) The issuance of a facility license or certification does not authorize the facility licensee to begin activities related to marijuana authorized by the license. A facility licensee will be granted final approval to operate upon passing a commencement inspection.(E) A facility license or certification shall be valid for three (3) years from its date of issuance.(3) Application requirements. Entities must obtain a license or certification to operate a medical or marijuana facility in Missouri. Applications for facility licenses or certifications, except for off-site storage of marijuana product, shall include at least the following information:(A) Name and address of the designated contact for the applicant entity;(B) Legal name of the applicant entity, including fictitious business names;(C) All owners of the applicant entity, with ownership percentage, and a visual representation of the facility's ownership structure;(D) For all entities licensed or certified or applying for licensure or certification in Missouri to cultivate, manufacture, or dispense marijuana product, an attestation that the entity is not and will not be under substantially common control, ownership, or management as a testing facility;(E) For a testing facility application, an attestation that the entity is not and will not be under substantially common control, ownership, or management as a cultivation facility licensee, manufacturing facility licensee, or dispensary facility licensee;(F) For a microbusiness facility license application, an attestation that the applicant does not have an owner who is also an owner of an existing medical, comprehensive, or another microbusiness marijuana facility license;(G) For medical and comprehensive facility applicants, a list of all owners who are also owners of a microbusiness facility license and the relevant microbusiness license number(s);(H) Proposed address of the facility and-1. An attestation that the proposed facility location complies with the facility location requirements of this chapter;2. An attestation that the proposed facility location complies with any facility location requirements of the local government; and3. A copy of, and a hyperlink to, all local government requirements for facility location, such as zoning requirements, if applicable. Applicable sections shall be highlighted in the copy of the regulations;(I) Proposed blueprints that outline the entire facility and feature all rooms and areas clearly labeled, including purpose and square footage, camera locations, limited access areas, and access permissions;(J) For facilities that will be cultivating marijuana, the cultivation practices(s) (indoor, outdoor, or greenhouse) used by the facility, and, if using a combination of practices, the ratio of cultivation space limits for each cultivation practice, as provided in the cultivation section of this chapter;(K) An attestation that all individuals subject to analysis for disqualifying felony offenses will submit fingerprints within two (2) weeks after the application submission for a state and federal fingerprint-based criminal background check to be conducted by the Missouri State Highway Patrol;(L) An attestation that no individual subject to analysis for a disqualifying felony offense has a disqualifying felony offense;(M) All applicable fees; and(N) For each comprehensive facility applicant, the application shall include a plan that explains how the applicant would serve both the medical and adult-use markets, while maintaining adequate supply at a reasonable cost to qualifying patients, and a plan to promote and encourage participation in the regulated marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition.(4) In addition to the application requirements in section (3) above, microbusiness facility applicants must also provide the following:(A) All entities, which includes individuals, with an ownership interest in the applicant entity, indicating ownership percentage, and a visual representation of the facility's ownership structure; and(B) Documents demonstrating eligibility for microbusiness facility ownership as follows:1. A valid (not expired) government-issued photo ID; and2. For applicants claiming a net worth of less than two hundred fifty thousand dollars ($250,000) and low income-A. Sworn financial statements demonstrating a net worth at the time of the application of less than two hundred fifty thousand dollars ($250,000). This includes all marital property, unless applicant provides evidence sufficient to demonstrate that property is not jointly owned; andB. Documentation establishing that the applicant's gross household income was below two hundred and fifty percent (250%) of the federal poverty guidelines issued by the U.S. Department of Health and Human Services for at least three (3) of the last ten (10) years. Income for each year claimed may be established by tax returns, paycheck stubs summarizing the full income from the source for the year, W-2s, evidence of job loss, or other documentation sufficient to demonstrate gross income below two hundred and fifty percent (250%) of the federal poverty level during the applicable year.3. For applicants claiming a service-connected disability:A. A copy of the front of the applicant's current veteran health identification card demonstrating a service-connected disability; orB. A copy of the applicant's VA benefit summary letter, dated within six (6) months before the date of the application, demonstrating a service-connected disability; orC. A copy of the applicant's VA award letter, dated within six (6) months before the date of the application, demonstrating a service-connected disability; orD. If none of these proofs are available, some other current evidence of service-connected disability which the department determines is sufficient proof of service- connected disability.4. For applicants claiming an arrest, prosecution, or conviction for a non-violent marijuana offense-A. A copy of the relevant arrest record; orB. A copy of the relevant FBI background check; orC. A copy of the relevant arrest record and a letter from the prosecutor's office indicating the charge filed; orD. A copy of the relevant arrest record and a certified copy of the judgment of conviction; orE. A copy of the relevant arrest record and a certificate of expungement from a court; orF. If none of these proofs are available, some other evidence of the arrest, prosecution, or conviction which the department determines is sufficient proof of arrest, prosecution, or conviction of a non-violent marijuana offense; andG. If the arrest, prosecution, or conviction was for the applicant's parent, guardian, or spouse-(I) A valid (not expired), government-issued photo ID of the parent, guardian, or spouse; and(II) Proof of relationship-(a) A certified copy of the applicant's birth certificate; or(b) A certified copy of the judgment of adoption or guardianship; or(c) A certified copy of the marriage certificate; or(d) If none of these proofs are available, some other evidence of relationship which the department determines is sufficient proof of relationship;5. For applicants claiming residency in a ZIP code or census tract area where either thirty percent (30%) or more of the population lives below the federal poverty level or the rate of unemployment is fifty percent (50%) higher than the state average, the application must include-A. Two (2) separate types of utility bills (i.e. one (1) water bill, one (1) electric bill) dated within the last four (4) months, which must include-(I) The name of the applicant;(II) The dates of service;(III) The service address; and(IV) The billing address; orB. A copy of a current residential lease, which must include the name of the applicant, the full address, the date the lease went in to effect and expires, and an affidavit from the applicant stating the applicant resides at that address; orC. A copy of a residential mortgage which includes the name of the applicant and the full address, and an affidavit from the applicant stating the applicant resides at that address; orD. A copy of the applicant's real or personal property taxes, dated within the past twelve (12) months, which must include the applicant's name, address, and the date assessed; orE. Other documentation sufficient to demonstrate residency; andF. Documentation or screenshot from the most recent five- (5-) year estimates published by the American Community Survey of the U.S. Census Bureau, for the department to verify the claimed resident ZIP code tabulation area or census tract contains the qualifying poverty or unemployment rate.6. For applicants claiming residency in a ZIP code or census tract area where the historic rate of incarceration for marijuana-related offenses is fifty percent (50%) higher than the rate for the entire state-A. Two (2) separate types of utility bills (i.e. one (1) water bill, one (1) electric bill) dated within the last four (4) months, which must include:(I) The name of the applicant;(II) The dates of service;(III) The service address; and(IV) The billing address; orB. A copy of a current residential lease, which must include the name of the applicant, the full address, the date the lease went in to effect and expires, and an affidavit from the applicant stating the applicant resides at that address; orC. A copy of a residential mortgage which includes the name of the applicant and the full address, and an affidavit from the applicant stating the applicant resides at that address; orD. A copy of the applicant's real or personal property taxes, dated within the past twelve (12) months, which must include the applicant's name, address, and the date assessed.

A list of qualifying ZIP codes in Missouri, using data obtained from the Missouri State Highway Patrol, is included herein. For individuals residing in a different state, the application must include data from a comparable state authority sufficient to demonstrate the claimed resident ZIP code or census tract contains the qualifying incarceration rate for marijuana offenses.

7. For applicants claiming graduation from a school district that was unaccredited, or had a similar successor designation, at the time of graduation:A. Documentation from the school district or a state accrediting authority sufficient for the department to verify that the school district was unaccredited at the time of graduation; andB. An official copy of the applicant's high school diploma; orC. A letter from the applicant's high school demonstrating that the applicant graduated from the school and the year the applicant graduated.8. For applicants claiming residency in a ZIP code containing an unaccredited school district, or similar successor designation for three (3) of the past five (5) years:A. Documentation from the school district or a state accrediting authority sufficient for the department to verify that the school district was unaccredited during at least one (1) of the three (3) years the applicant resided in the school district; andB. A copy of two (2) separate types of utility bills (i.e. one (1) water bill, one (1) electric bill,) for each quarter of the three (3) years that the applicant claims to have lived in said location which must include:(I) The name of the applicant;(II) The dates of service;(III) The service address; and(IV) The billing address; orC. Copies of residential leases for three (3) of the past five (5) years, which must include the name of the applicant, the full address, and the effective date and the expiration date of the lease; orD. A copy of a residential mortgage which includes the name of the applicant and the address, along with an affidavit that the applicant resided at that address during the applicable years; orE. A copy of three (3) of the last five (5) years' real or personal property taxes for the applicant, which must include the applicant's name, address, and the date; orF. An applicant may provide any of the acceptable types of documentation for each year they are claiming residency in the ZIP code (i.e., utility bills from one year, lease from a separate year, and property taxes for a third year).(C) For applicants claiming a service-connected disability, a copy of the front of the applicant's valid service-connected disability card;(D) For applicants claiming an arrest, prosecution, or conviction for a non-violent marijuana offense-1. A copy of the relevant arrest record; or2. A copy of the relevant FBI background check; or3. A certified copy of the relevant prosecutor's case file; or4. A letter from the prosecutor's office indicating the charge filed; or5. A certified copy of the judgment of conviction; or6. A certificate of expungement from a court; and7. If the arrest, prosecution, or conviction was for the applicant's parent, guardian, or spouse-A. A valid, government-issued photo ID of the parent, guardian, or spouse; andB. Proof of relationship-(I) A certified copy of the applicant's birth certificate; or(II) A certified copy of the judgment of adoption or guardianship; or(III) A certified copy of the marriage certificate;(E) For applicants claiming residency in a ZIP code or census tract area where either thirty percent (30%) or more of the population lives below the federal poverty level or the rate of unemployment is fifty percent (50%) higher than the state average (for qualifying areas in the state, a list of ZIP codes and census tracts will be published on the department's website)-1. Two (2) separate types of utility bills (i.e., one (1) water bill, one (1) electric bill) dated within the last four (4) months, which must include-A. The name of the applicant;B. The dates of service;C. The service address; andD. The billing address; or2. A copy of a current residential lease, which must include the name of the applicant, the full address, the date the lease went in to effect and expires, and an affidavit from the applicant stating the applicant resides at that address; or3. A copy of a residential mortgage which includes the name of the applicant and the full address, and an affidavit from the applicant stating the applicant resides at that address; or4. A copy of the applicant's real or personal property taxes, dated within the past twelve (12) months, which must include the applicant's name and the date assessed;(F) For applicants claiming residency in a ZIP code or census tract area where the historic rate of incarceration for marijuana-related offenses is fifty percent (50%) higher than the rate for the entire state-1. A certified letter from the local prosecutor's office verifying compliance with this requirement; and2. Two (2) separate types of utility bills (i.e., one (1) water bill, one (1) electric bill) dated within the last four (4) months, which must include:A. The name of the applicant;B. The dates of service;C. The service address; andD. The billing address; or3. A copy of a current residential lease, which must include the name of the applicant, the full address, the date the lease went in to effect and expires, and an affidavit from the applicant stating the applicant resides at that address; or4. A copy of a residential mortgage which includes the name of the applicant and the full address, and an affidavit from the applicant stating the applicant resides at that address; or5. A copy of the applicant's real or personal property taxes, dated within the past twelve (12) months, which must include the applicant's name and the date assessed;(G) For applicants claiming graduation from a school district that was unaccredited, or had a similar successor designation, at the time of graduation, a certified letter from the Missouri Department of Elementary and Secondary Education indicating that the applicable school district was unaccredited in the year the applicant claims to have graduated from the school, and-1. A certified copy of the applicant's high school diploma; or2. A letter from the applicant's school, on school letter head, stating that the applicant graduated from the school; or(H) For applicants claiming residency in a ZIP code containing an unaccredited school district, or similar successor designation, for three (3) of the past five (5) years, a certified letter from the Missouri Department of Elementary and Secondary Education indicating that the applicable school district was unaccredited in the year(s) the applicant claims to have lived there, and-1. A copy of two (2) separate types of utility bills (i.e., one (1) water bill, one (1) electric bill,) for each quarter of the three (3) years that the applicant claims to have lived in said location which must include:A. The name of the applicant;B. The dates of service;C. The service address; andD. The billing address; or2. Copies of residential leases for three (3) of the past five (5) years, which must include the name of the applicant, the full address, and the effective date and the expiration date of the lease; or3. A copy of a residential mortgage which includes the name of the applicant and the address, along with an affidavit that the applicant resided at that address during the applicable years; or4. A copy of three (3) of the last five (5) years' real or personal property taxes for the applicant, which must include the applicant's name, address, and the date; or5. An applicant may provide any of the acceptable types documentation for each year they are claiming residency in the ZIP code (i.e., utility bills from one year, lease from a separate year, and property taxes for a third year).(5) Application requirements for warehouses. Licensees must obtain a separate certification for each warehouse facility used for storing marijuana product at a location other than the approved location of the licensee. Such requests must be submitted after the licensee's facility has passed a commencement inspection and shall include at least the following information:(A) Proposed blueprints for the facility that outline the entire facility and feature all rooms and areas clearly labeled, including purpose and square footage, camera locations, limited access areas, and access permissions;(B) An attestation that the proposed location for the warehouse complies with the facility location requirements of this chapter and any facility location requirements of the local government;(C) Documentation from the local government with jurisdiction over the facility's location confirming that the proposed warehouse location complies with local distance requirements, or stating that there are none;(D) If the local government in which the warehouse will be located has enacted applicable zoning restrictions, documentation from the local government with jurisdiction over the offsite storage location confirming that the proposed location complies with applicable zoning restrictions;(E) An attestation that the warehouse will comply with all other rules applicable to the facility for which the warehouse is being established; and(F) An administrative and processing fee of five thousand dollars ($5000).(G) Approved warehouse certificates shall have the same expiration and renewal date as the facility for which the warehouse is being established.(6) Application approval and denial process.(A) In cases where there are more applicants than available licenses or certificates, the department will select applicants for available licenses or certifications by lottery.1. All timely applications submitted with an application fee during an application time period will be entered into the lottery. Untimely applications or applications without an application fee will be denied.2. Applications entered into the lottery will be assigned an application identifier by the department. The assigned identifiers will be transmitted to the entity conducting the lottery. The individual(s) conducting the lottery will do so without reference to the identities of the applicants.3. Identifiers will be randomly drawn and listed in the order drawn. If licenses are issued by congressional district, separate drawings will occur for each congressional district.4. After identifiers are drawn, the department will review the application corresponding to the selected identifier, beginning with the first identifier drawn, to determine if the applicant is eligible for licensure prior to issuing the license.A. Applicants are responsible for submitting a complete and accurate application as set out in this chapter. However, the department may request an applicant to provide additional information or documents needed to determine eligibility for a license by sending the request to the email address of the designated contact associated with the application. If requested, the applicant will have three (3) business days from the date the email is sent to provide the requested information or documents.5. If during the application review period, the department determines an application meets all of the license eligibility requirements in this chapter and Article XIV, the license will be issued.6. An application will be denied if-A. The application is not complete;B. The applicant, application, or any proposal in the application, is in violation of any rule in this chapter or Article XIV;C. Awarding a license would result in an entity being an owner in more licenses than permitted by Article XIV Section 2.3(9-11);D. The applicant provides false or misleading information in an application;E. The applicant fails to timely provide information or records requested by the department;F. An entity, which includes an individual, holds an ownership interest in more than one (1) microbusiness applicant in the same microbusiness application period, all microbusiness applications where the entity holds an ownership interest will be denied;G. The department determines an application fails to meet the license eligibility requirements in this chapter and Article XIV.7. If an application is denied, the department will review the next application in the order drawn until the available licenses or certifications are issued.8. Once all available licenses or certifications are issued, the remaining applications entered into the lottery for that application time period will be denied for failure to be selected in the lottery.(B) In cases where fewer applications are received in an application time period than there are available licenses or certifications, or for applications for licenses and certifications without a limit on the number to be issued, all complete applications meeting the license eligibility requirements in this chapter and Article XIV will be granted. Applications will be denied if subject to denial in paragraph (6)(A)6.(C) Any denial shall be issued by the department in writing to the applicant and shall include the specific reasons for the denial and the process for requesting review of the department's decision.(D) All applicants that are issued a license or certification will be given forty-eight (48) hours to confirm they accept the license or certification. Failure to accept the license or certification in this time frame may result in deactivation of the license or certification, and the department may then offer a license or certification to the next eligible applicant in the order drawn.(7) Renewals. Renewal requests must be submitted in a department-provided, web-based application system at least thirty (30) days, but no sooner than ninety (90) days, prior to expiration.(A) Renewal requests shall be accompanied by a nonrefundable renewal fee to be submitted with the request. The department shall publish the current fees, including any adjustments, on its website at http://cannabis.mo.gov.(B) A renewal request is deemed received when both the request and renewal fee is received by the department.(C) Except for good cause, a renewal request will be granted unless the facility licensee is not in good standing with the department. Good standing means the license is not suspended or revoked at the time the request is made.

PURPOSE: The Department of Health and Senior Services has the authority to promulgate rules for the enforcement of Article XIV, Sections 1 and 2 of the Missouri Constitution. This rule explains what general provisions are necessary for ownership and employment related to regulated medical and marijuana facilities, with the exception of seed-to-sale tracking system entities.

(1) Facility ownership.(A) No medical facility shall be owned, in whole or in part, by an individual with a disqualifying felony offense.(B) A marijuana facility shall not have as an owner any individual with a disqualifying felony offense.(C) Facility owners must notify the department of any charges for felony offenses, including the assigned case number, within thirty (30) days of being charged.(D) No medical or marijuana licensee may be owned by or affiliated with an entity that holds a contract with the state of Missouri for any product or service related to the department's marijuana program.(E) An entity, which includes an individual, may not be an owner in more than ten percent (10%) of the total number of comprehensive and medical licenses, within a facility type, as described in Article XIV Section 2.3(9-11).(F) No marijuana testing facility shall be owned by an entity or entities under substantially common control, ownership, or management as a cultivation facility, marijuana-infused products manufacturing facility, or dispensary facility.(G) An owner of a marijuana microbusiness facility may not also be an owner of another licensed marijuana facility or medical facility.(H) If the ownership of a medical or marijuana facility license is disputed to an extent that the dispute impairs the operations of the facility or the department's review of an application, the department may restrict or suspend the operations of the facility license until the dispute is resolved, or it may deny a pending application. If a facility license is restricted or suspended for this reason for longer than one (1) year, the department may revoke the facility license or pursue other remedies consistent with this chapter or Article XIV.(2) Facility employment.(A) All employees, contractors, owners having access to a medical or marijuana facility, and volunteers of a medical or marijuana facility must obtain an agent identification card from the department before beginning employment, work, or volunteer services at a licensed or certified facility.1. An individual performing maintenance work (such as plumbing) or other similar work not related to testing, transporting, growing, manufacturing, or dispensing marijuana product at any licensed or certified facility for no more than fourteen (14) days in a calendar year, is not required to have an agent identification card to perform such work. The licensee is responsible for supervising such individuals while they are in the facility.(B) All facility agents must be twenty-one (21) years of age or older. Individuals under twenty-one (21) who possess a facility agent identification card prior to the effective date of this rule may remain facility agents.(C) Agent identification card holders must have their cards visible and on their person at all times while performing work in a facility or on behalf of a licensed or certified entity. Agents must have a government-issued photo ID on their person at all times while the agent identification card is visible.(D) A licensee may require a criminal background check as a condition of employment.(E) If authorized or directed by statute, the department may require fingerprint submission to screen agent identification card applicants for disqualifying felony offenses.(F) Agent identification cards are valid for three (3) years from their date of issuance and shall be renewable by submitting, prior to expiration by at least thirty (30) days but no sooner than sixty (60) days, a new or renewal application.(G) All facility agents must keep the department apprised of their current contact information and agree to receive department communications by email, including denials and revocations. If the name, address, or email address of an agent changes after an identification card is issued, the agent shall notify the department within fourteen (14) days of the change.(H) All applications and renewals for agent identification cards shall include at least the following information in a department-approved format:1. Name, address, and Social Security number of the applicant;2. A government-issued photo identification that confirms the age of the applicant is over twenty-one (21) years of age;3. A copy of a written offer or confirmation of employment from a licensed or certified facility; and4. All applicable fees.(I) Upon receiving a complete application or renewal application for an agent identification card, the department shall either approve the application or provide a written explanation for its denial.1. An application for an agent identification card will be considered received when an application is submitted to the department that includes all information required by this rule.2. The department shall charge an administration and processing fee of seventy-five dollars ($75) for identification cards, which shall be due at the time of application or renewal.(J) Denial and revocation. Agent identification cards may be denied or revoked for the following reasons:1. Submission of an incomplete application;2. Submission of information in the application or renewal application that is deceptive, misleading, incorrect, false, or fraudulent, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure;3. Fraudulent use of the agent identification card, including, tampering, falsifying, altering, modifying, duplicating, or allowing another person to use, tamper, falsify, alter, modify, or duplicate an agent identification card;4. Selling, distributing, transferring in any manner, or giving marijuana product to any unauthorized individual or entity, or an amount of marijuana product not authorized by law;5. Tampering with or falsifying video recordings or equipment, point of sale systems or records, the state-wide track and trace system or records, or any other facility records, whether at the direction of a licensee or otherwise;6. Failing to comply with the state-wide track and trace system requirements;7. Violation of any requirement in this chapter;8. If the individual is prohibited by law from holding an agent identification card;9. If the agent has committed theft or other criminal offense, whether or not a criminal charge has been filed, in the performance of the functions or duties of the facility agent;10. Refusal to cooperate with a department investigation; or11. If an agent card was revoked and the applicant applies for a new identification card, the application shall be denied unless the department finds good cause to issue an agent card.

PURPOSE: Under Article XIV, Sections 1 and 2 of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control medical and marijuana facilities. This rule explains what training all medical and marijuana facility licensees are required to provide to employees.

(1) Licensees must ensure all facility employees, contractors, and volunteers, are trained in at least the following and must maintain records of employee training for at least five (5) years:(A) The use of security measures and controls that have been adopted by the licensee for the prevention of diversion, inversion, theft, or loss of marijuana product, as applicable to the employee's duties;(B) Proper use of the statewide track and trace system, as applicable to the employee's duties;(C) Procedures for responding to an emergency, including severe weather, fire, natural disasters, and unauthorized intrusions;(D) The safety and sanitation procedures of the facility, as applicable to the employee's duties;(E) Department rules and guidance as applicable to the employee's duties;(F) All processes and procedures used by the facility that are applicable to that employee's duties;(G) Transportation and dispensary licensees must ensure employees responsible for assisting customers or handling customer purchase records are trained in standards for maintaining the confidentiality of information related to the use of marijuana product and in procedures for verifying the identity and age of consumers, qualifying medical marijuana patients, and primary caregivers; and(H) Dispensary licensees must ensure that employees responsible for assisting customers are trained in the following:1. Procedures for verifying purchase limitations of consumers, qualifying patients, and primary caregivers;2. The differences in the purported effects and effectiveness of the strains of marijuana available for purchase at their dispensary and the methods of their use;3. The expected timeframes for individuals to feel the effects of marijuana product based on their chosen method of use; and4. Procedures for verifying a purchaser of marijuana product is of lawful age pursuant to this chapter.(2) All required employee training shall be completed no later than one (1) week after an individual begins work at a licensed facility or performs activities covered by a new or modified SOP.(3) Licensees must make all training records available for review during inspections.

PURPOSE: The Department of Health and Senior Services has the authority to establish security requirements for any premises licensed or certified under Article XIV, Sections 1 and 2 of the Missouri Constitution. This section provides the security requirements of all licensed or certified medical and marijuana facilities.

(1) All medical and marijuana facility licensees shall ensure the security of marijuana product and the facility, including any offsite warehouses, by taking security measures and maintaining security equipment as follows:(A) Devices or a series of devices to detect unauthorized intrusion, which may include a signal system interconnected with a radio frequency method, such as cellular or private radio signals, or other mechanical or electronic devices;(B) Except in the case of outdoor cultivation, exterior lighting to facilitate surveillance, which shall cover the exterior of all buildings and the perimeter of the facility; and(C) Electronic video monitoring, which shall include video cameras with a recording resolution of at least 1920 x 1080p, or the equivalent, capable of recording videos at a rate of at least fifteen (15) frames per second, that operate in such a way as to provide continuous monitoring and allow identification of people and activities in all lighting levels, and that are capable of being accessed remotely at all times by the department or a law enforcement agency in real time.1. The use of motion detection as a method of continuous monitoring is not permitted where marijuana product is or will be present.2. Remote access shall be accomplished through https access or another department-approved format.3. Video cameras must provide coverage of-A. All facility building entry and exit points, including windows;B. All areas of the facility and facility premises where marijuana is or will be present;C. Each point-of-sale location;D. All vaults or safes where marijuana product is stored;E. Any area on facility premises, including offsite warehouses and transport vehicles, where a seed-to-sale system or the state-wide track and trace system are accessed;F. The entire perimeter of the facility, including at least twenty feet (20') of space around the perimeter of an outdoor grow area; andG. All marijuana product, from at least two (2) angles, where it is grown, cultivated, manufactured, sampled for testing, tested, stored, weighed, packaged, processed for sale, sold/distributed, rendered unusable, disposed, or loaded for transport.4. All activities subject to video camera monitoring shall occur only in areas of the facility that are covered by the required video monitoring.5. Licensees shall ensure that each video camera used pursuant to this section-A. Includes a date and time generator which accurately displays the date and time of recorded events on the recording in a manner that does not significantly obstruct the recorded view;B. Is installed in a manner that prevents the video camera from being readily obstructed, tampered with, or disabled; andC. Is cabled and does not solely operate via wifi.6. Video recording equipment must also include at least one (1) call-up monitor that is at least nineteen inches (19").7. Facilities must have a printer capable of immediately producing a clear, color, still photo from any video camera image.8. Licensees shall store recordings from the video cameras for at least sixty (60) days in a secure location or through a service or network that allows for providing copies of the recordings, in a department approved format, upon request and at the expense of the licensee.A. The licensee shall provide the department with proof of a working storage mechanism upon request of the department and at the expense of the licensee.B. If the licensee changes its recording storage mechanism, the licensee must provide the department with notification of such change and proof that the new storage mechanism is capable of storing all recordings for at least sixty (60) days within ten (10) days of said change.C. Video storage must be encrypted.9. Facilities shall have a failure notification system that provides an audible and visual notification of any failure in the electronic video monitoring system; and10. Facilities shall have sufficient battery backup for video cameras and recording equipment to support at least sixty (60) minutes of recording in the event of a power outage.(D) Controlled entry to limited access areas, which shall be controlled by electronic card access systems, biometric identification systems, or other equivalent means, except that, in addition to these means, all external access doors shall be equipped with a locking mechanism that may be used in case of power failure. Access information shall be recorded, and all records of entry shall be maintained for at least one (1) year;(E) A method of immediate, automatic notification to alert local law enforcement agencies of an unauthorized breach of security at the facility;(F) Manual, silent alarms affixed at each point-of-sale, reception area, vault, warehouse, and electronic monitoring station with capability of alerting local law enforcement agencies immediately of an unauthorized breach of security at the facility;(G) Security film or shatter-proof glass on glass doors and storefronts;(H) If windows are in a limited access area, the windows cannot be opened and must be designed to prevent intrusion or the window is otherwise inaccessible from the outside; and(I) Vaults must be secured in a manner that prevents access to unauthorized individuals through both physical and electronic security measures.(2) Facility licensees shall establish and follow policies and procedures-(A) For restricting access to the areas of the facility that contain marijuana product to only facility agents who are employees, contractors, owners having access to a medical or marijuana facility, and volunteers of the facility. Individuals without an agent identification card may be present when necessary for legitimate business purposes, if they sign in and sign out of a visitor log and are escorted at all times by facility agents in a ratio of no less than one (1) facility agent per five (5) visitors;(B) For identifying persons authorized to be in the areas of the facility that contain marijuana product;(C) For identifying facility agents responsible for inventory control activities;(D) For monitoring the security for the facility;(E) For the use of the automatic or electronic notification and manual, silent alarms to alert local law enforcement agencies of an unauthorized breach of security at the facility, including designation of on-call facility personnel to respond to, and to be available to law enforcement personnel responding to any alarms; and(F) For keeping local law enforcement and the department updated on whether the facility employs armed security personnel and how those personnel can be identified on sight.(3) Medical and marijuana facility licensees with outdoor or greenhouse cultivation spaces, or cultivation or manufacturing facilities with multiple buildings in which cultivation or manufacturing are conducted, shall construct an exterior barrier around the perimeter of the facility that consists of a fence-(A) Constructed of nine (9) gauge metal or stronger chain link;(B) That is at least eight (8) feet in height from the ground to the top of the fence;(C) Topped with razor wire or similar security wire along the entire length of the fence;(D) Screened such that an outdoor cultivation area is not easily viewed from outside the fence; and(E) That includes a secured gate that complies with the same security standards as the fence, as well as a method for controlling access through the gate.(4) For any planned security outage, the licensee shall notify the department at least twenty-four (24) hours prior to the planned outage and provide a plan for facility and product security during the outage. For a planned security outage occurring in fewer than twenty-four (24) hours, the licensee shall notify the department as soon as a security issue requiring an outage is discovered.(5) Licensees shall notify the department within twenty-four (24) hours after a security system malfunction is discovered and shall make a reasonable effort to repair a malfunction of any security equipment within seventy-two (72) hours after the malfunction is discovered.(A) A malfunction occurs when any piece of security equipment fails to work as designed or intended, for more than sixty (60) seconds, either through defect, power outage, security breach, internet outage, compromise, or other reason.(B) If the electronic video monitoring used pursuant to this section malfunctions, the licensee shall immediately provide alternative video camera coverage or use other security measures until video camera coverage can be restored, such as assigning additional supervisory or security personnel, to provide for the security of the facility. If the licensee uses other security measures, the licensee must immediately notify the department.(C) Each licensee shall maintain a log that documents each malfunction and repair of the security equipment of the facility. The log must state the date, time, and nature of each malfunction; the efforts taken to repair the malfunction and the date of each effort; the reason for any delay in repairing the malfunction; the date the malfunction is repaired and; if applicable, any alternative security measures that were taken. The log must list, by date and time, all communications with the department concerning each malfunction and corrective action. The facility shall maintain the log for at least one (1) year after the date of last entry in the log.(6) Each licensee shall employ a security manager who shall be responsible for-(A) Conducting a semi-annual audit of all security measures.1. The semi-annual audit shall be an evaluation of the security of the facility, including warehouses, equipment, procedures, and training, as well as the facility's compliance with this rule.2. Audits shall take place at least five (5) months apart.3. Security audit records shall be kept for at least five (5) years;(B) Training employees on security measures, emergency response, and theft prevention and response within one (1) week of hiring and on an annual basis;(C) Evaluating the credentials of any contractors or other individuals who intend to provide services to the facility before the contractor or individual is hired by or enters into a contract with the licensee; and(D) Evaluating the credentials of any third party who intends to provide security to the facility before the third party is hired by or enters into a contract with the facility.(7) Each licensee shall ensure that the security manager of the facility, any facility agents who provide security for the facility, and the employees of any third party who provides security to the facility have completed the following training:(A) Training in theft prevention or a related subject;(B) Training in emergency response or a related subject;(C) Training in the appropriate use of force or a related subject that covers when the use of force is and is not necessary;(D) Training in the protection of a crime scene or a related subject;(E) Training in the control of access to protected areas of a facility or a related subject;(F) Not fewer than eight (8) hours of training at the facility in providing security services; and(G) Not fewer than eight (8) hours of classroom training in providing security services.

PURPOSE: Under Article XIV, Sections 1 and 2 of the Missouri Constitution, the Department of Health and Senior Services is authorized to regulate and control the operations of medical and marijuana facilities. This rule explains general operating requirements applicable to all licensed and certificated facilities.

(1) Licensing and location.(A) An entity must obtain a separate license or certificate for each facility. Subject to department pre-approval, multiple licenses or certificates may be utilized at a single location. Testing licensees may not share space with any other facility.(B) Each license or certification shall be charged an annual fee once the license or certification is granted. The first annual fee will be due thirty (30) days after a license or certification is issued and shall be due annually on that same date as long as the license or certification remains valid, except for in the case of microbusinesses whose first annual fee will be due on the anniversary of their licensure. The department shall publish the current fees, including any adjustments, on its website. The fees due will be the amount that is effective as of that license or certification's annual fee due date.(C) Unless expressly allowed by the local government, no medical or marijuana facility, including any offsite warehouses, shall be sited, at the time of application for license, certification, or local zoning approval, whichever is earlier, or at time of application for relocation, within one thousand feet (1,000') of any then-existing elementary or secondary school, daycare, or church. The method of measuring distances is governed by Article XIV.(D) A dispensary or microbusiness will only be approved to relocate within the congressional district in which they were originally licensed.(2) Marijuana facility business change applications. Marijuana facility licensees must apply for and obtain the department's approval before they may-(A) Transfer their license to a different entity with the same ownership. Once the department has confirmed receipt of a complete application, it will approve or deny the application within sixty (60) days. Such a request must include at least the following:1. Current legal name of the licensee, including fictitious business names, and proposed new legal name of the licensee, including fictitious business names;2. All owners of the licensed entity and their individual ownership percentage, which must show the proposed new entity is owned by the same owners as is the licensee;3. A visual representation of the licensee's ownership structure, including all owner entities;4. Other documentation as requested to verify ownership; and5. An administrative and processing fee of two thousand dollars ($2,000).(B) Make any changes that would result in an individual becoming an owner of the licensed entity who was not previously an owner. Once the department has confirmed receipt of a complete application, it will approve or deny the application within ninety (90) days. Such requests must include at least the following:1. All current and proposed owners of the licensed entity and their proposed individual ownership percentage;2. A visual representation of the licensee's proposed ownership structure, including all owner entities;3. A chart comparing the previously approved ownership percentages to the proposed ownership percentages;4. Verification that the change will not result in any substantially common control, ownership, or management between a testing licensee and any other medical or marijuana licensee;5. An attestation that all individuals subject to analysis for disqualifying felony offenses will submit fingerprints within two (2) weeks after the application submission, or have previously submitted such fingerprints, for a state and federal fingerprint-based criminal background check to be conducted by the Missouri State Highway Patrol;6. For microbusinesses, if the proposed change affects eligibility, documentation sufficient to demonstrate eligibility for microbusiness facility ownership, as provided in the application and selection section of this chapter;7. Other documentation as requested to verify ownership; and8. An administrative and processing fee of five thousand dollars ($5,000), which shall only be assessed once on multiple licensed entities with identical ownership making the same changes in ownership, when submitted at the same time;(C) Make any changes that would result in an overall change in ownership interests of fifty percent (50%) or more from the last approved ownership of the licensee. Once the department has confirmed receipt of a complete application, it will approve or deny the application within one hundred fifty (150) days. Such requests may only be submitted after the licensee's facility has received approval to operate and must include at least the following:1. All current and proposed owners of the licensed entity and their proposed individual ownership percentage;2. A chart comparing the previously approved ownership percentages to the proposed ownership percentages;3. A visual representation of the licensee's proposed ownership structure including all owner entities;4. Verification that the change will not result in any substantially common control, ownership, or management between a testing licensee and any other marijuana licensee;5. An attestation that all proposed owners will submit fingerprints within two (2) weeks after the application submission, or have previously submitted such fingerprints, for a state and federal fingerprint-based criminal background check to be conducted by the Missouri State Highway Patrol;6. In the case of full asset transfer to a different entity, applications must also include:A. Asset purchase agreement;B. Merger, sale, transfer, Memorandum of Understanding (MOU), or other like agreement between the licensee and transferee;C. Brand, management, consultant agreements or contracts, or any other agreement or contracts; andD. Location lease agreement or proof of ownership;7. For microbusinesses, documentation sufficient to demonstrate eligibility for microbusiness facility ownership, as provided in the application and selection section of this chapter;8. Other documentation as requested to verify ownership; and9. An administrative and processing fee of eight thousand dollars ($8,000), which shall only be assessed once on multiple licensed entities with identical ownership making the same changes in ownership, when submitted at the same time;(D) Change the licensee's facility or warehouse location. Once the department has confirmed receipt of a complete application, it will approve or deny the application within ninety (90) days. Such requests shall include at least the following:1. Proposed blueprints that outline the entire facility and feature all rooms and areas clearly labeled, including purpose and square footage, camera locations, limited access areas, and access permissions;2. Documentation from the local government with jurisdiction over the facility's location confirming that the proposed location complies with local distance requirements, or stating that there are none;3. If the local government in which the facility will be located has enacted applicable zoning restrictions, documentation from the local government with jurisdiction over the facility's location confirming that the proposed location complies with applicable zoning restrictions;4. Location lease agreement and/or proof of ownership; and5. An administrative and processing fee of five thousand dollars ($5000);(E) Any administrative and processing fee for a microbusiness change application shall be half the amount listed in (A)-(D) of this section; and(F) Change applications will be approved if the request contains all of the documents, fees, and information required by this section, and the resulting change in ownership or ownership interests does not violate any provision of this chapter or Article XIV. Change requests will be denied if the request does not contain all the documents, fees, and information required by this section, or if the resulting change violates any provision of this chapter or Article XIV.(3) Medical facility business change applications. Medical facility licensees must apply for and obtain the department's approval before they may-(A) Transfer their license to a different entity with the same ownership. Such a request must include at least the following:1. Current legal name of the licensee, including fictitious business names, and proposed new legal name of the licensee, including fictitious business names;2. Any entity that owns any part of the licensed entity and their individual ownership percentage, which must show the proposed new entity is owned by the same entities as is the licensee;3. A visual representation of the licensee's ownership structure, including all entities that own any part of the licensed entity;4. Other documentation as requested to verify ownership; and5. An administrative and processing fee of two thousand dollars ($2000);(B) Make any changes that would result in an overall change in financial or voting interests of fifty percent (50%) or more from the last approved ownership of the licensee. Such requests may only be submitted after the licensee's facility has received approval to operate and must include at least the following:1. All current and proposed entities with any financial or voting interest in the licensed entity and their proposed individual ownership percentage;2. A chart comparing the previously approved ownership percentages to the proposed ownership percentages;3. A visual representation of the licensee's proposed ownership structure including all entities;4. Verification that the change will not result in any substantially common control, ownership, or management between a testing licensee and any other medical licensee;5. An attestation that all individuals subject to analysis for disqualifying felony offenses will submit fingerprints within two (2) weeks after the application submission, or have previously submitted such fingerprints, for a state and federal fingerprint-based criminal background check to be conducted by the Missouri State Highway Patrol;6. In the case of full asset transfer to a different entity, applications must also include:A. Asset purchase agreement;B. Merger, sale, transfer, MOU, or other like agreement between the licensee and transferee;C. Brand, management, consultant agreements or contracts, or any other agreement or contracts; andD. Location lease agreement or proof of ownership.7. Other documentation as requested to verify ownership; and8. An administrative and processing fee of eight thousand dollars ($8,000), which shall only be assessed once on multiple licensed entities with identical ownership making the same changes in ownership, when submitted at the same time;(C) Change the licensee's facility location. Such requests shall include at least the following:1. Proposed blueprints for the facility that outline the entire facility and feature all rooms and areas clearly labeled, including purpose and square footage, camera locations, limited access areas, and access permissions;2. Documentation from the local government with jurisdiction over the facility's location confirming that the proposed location complies with local distance requirements, or stating that there are none;3. If the local government in which the facility will be located has enacted applicable zoning restrictions, documentation from the local government with jurisdiction over the facility's location confirming that the proposed location complies with applicable zoning restrictions;4. Location lease agreement and/or proof of ownership; and5. An administrative and processing fee of five thousand dollars ($5,000); and(D) Change applications will be approved if the request contains all of the documents and information required by this section and the resulting change in ownership or ownership interests does not violate any provision of this chapter or Article XIV.(4) General operations.(A) Licenses shall be displayed within twenty feet (20') of the main entrance to a facility at all times.(B) A medical or marijuana facility may not allow cultivation, manufacturing, sale, or display of marijuana product or marijuana accessories to be visible from a public place outside of the marijuana facility without the use of binoculars, aircraft, or other optical aids.(C) All licensees must comply at all times with applicable state, local, and federal requirements.(D) Licensees shall implement a quality management system using a published standard, such as those offered by International Organization for Standardization, ASTM International, Cannabis Safety and Quality, or Foundation of Cannabis Unified Standards, within one (1) year of the date the facility receives department approval to operate. The chosen standard shall be applicable to the licensee's facility type and be implemented with emphasis on regulatory compliance.(E) All licensees must receive approval to operate within one (1) year of being issued a license or certification; except microbusiness licensees, which must receive approval to operate within two (2) years of issuance. Absent a granted waiver or variance, licenses may be revoked or sanctioned if not operational and active within the required time frame.(F) In the event a licensee loses control of their approved location, facility, or license, the license shall be suspended or restricted until a new location is approved or access to the facility or license is restored.(G) Only licensees may hold rights to marijuana product within licensed facilities.(H) All marijuana-infused products shall be manufactured in a licensed manufacturing facility. Any facility that extracts resins from marijuana using combustible gases or other dangerous materials, without a manufacturing license, shall incur a penalty of ten thousand dollars ($10,000).(I) All marijuana product sold in Missouri shall have originated from marijuana grown and cultivated in a licensed cultivation facility located in Missouri.(J) All licensees shall establish and follow SOPs in the event the facility is suspended or ordered to cease operations.(K) All licensees shall establish and follow detailed SOPs for marijuana product remediation.(L) All licensees shall establish and follow SOPs to ensure marijuana remains free from contaminants. The systems, equipment, and documentation necessary to follow procedures must address, at a minimum:1. The flow through a facility of any equipment or supplies that will come in contact with marijuana including receipt and storage;2. Employee health and sanitation; and3. Environmental factors, such as-A. In all areas of the facility where marijuana is or will be present, floors, walls, and ceilings made of smooth, hard surfaces that are easily cleaned;B. Temperature and humidity controls;C. A system for monitoring environmental conditions;D. A system for cleaning and sanitizing rooms and equipment;E. A system for maintaining any equipment used to control sanitary conditions; andF. For cultivation and manufacturing facilities, an air supply filtered through high-efficiency particulate air filters under positive pressure.(M) Consumption of marijuana product on the licensed premises, including in any approved transport vehicles, is prohibited. All licensees shall post a sign at the employee and public access points to the facility that consumption of marijuana product is not allowed on the licensed premises.(N) If a licensee enters into a contract with a management company or other entity to run all or part of the regulated marijuana operations under this chapter, the contract must permit the licensee to access the licensee-related records of the management company or other entity at the request of the department during an investigation or inspection.(O) All licensees shall maintain any records required by this chapter for at least five (5) years.(P) The department may issue notice of marijuana product recall to licensees or the public if, in its judgment, any particular marijuana product presents a threat or potential threat to the health and safety of qualifying patients or consumers. All facilities are responsible for complying with recall notices. Recalled items must be immediately pulled from production or inventory and quarantined until such time as the department determines the item is safe, may be remediated, or must be destroyed.(5) Signage and advertising must comply with the following:(A) A marijuana product may only be advertised or marketed in compliance with all applicable municipal ordinances, state law, and rules that regulate signs and advertising;(B) No advertisement of marijuana may contain:1. Any representation that is false or misleading in any way;2. Any statement representing that the use of marijuana has curative or therapeutic effects or tending to create an impression that it has curative or therapeutic effects unless such statement has been evaluated and approved by the Food and Drug Administration;3. Any content that is attractive to children, including but not limited to the shape or any part of the shape of an animal or fruit, including realistic, artistic, caricature, or cartoon renderings, and artistic, caricature, or cartoon renderings of the shape or any part of the shape of a human; or4. Any statement concerning a brand of marijuana that is inconsistent with any statement on the labeling;(C) Outdoor signage and, if visible from a public right of way, interior signage, must comply with any local ordinances for signs or advertising; and(D) No licensee shall use exterior signage or advertising that does not accurately reflect a licensee's legal name, business name or d/b/a, or trade name on record with the department.(6) Licensee notification and reporting. Licensees have a duty to keep the department apprised of certain information as described below. Failure of a licensee to report required information to the department may result in administrative penalties, to include a fine of up to ten thousand dollars ($10,000), suspension, or revocation of the license.(A) Licensees have a continuing duty to provide the department with up-to-date contact information, including the individual who shall be the designated contact for all department communications.1. Licensees shall notify the department in writing of any changes to the mailing addresses, phone numbers, email addresses, and other contact information they provide the department.2. Licensees and applicants are deemed to have received all communications and notifications from the department on the date the department sends an email to the email address of the designated contact for the licensee or applicant.(B) Licensees must report, at least annually-1. For marijuana facility licensees, all owners, with ownership percentage; and2. For medical facility licensees, all entities that own any part of the licensed entity, with ownership percentage.(C) Licensees shall notify the department within five (5) days of the initiation and conclusion of any legal proceedings, government investigations, or any other activity that would impair the licensee's ability to operate in accordance with department regulations or the department's review of an application, including a petition for receivership, loss of lease or location, or disputes relating to the ownership or control of the facility or license.(D) Licensees shall notify the department when a facility agent has been terminated for misconduct related to handling of marijuana product, including but not limited to, inventory, product integrity, marijuana product sales, theft, health and safety, or facility security.(E) Licensees shall notify the department within twenty-four (24) hours following the occurrence of an event that affects the health and safety of the facility or its employees, including injury to employees or other persons at the facility resulting in medical care being administered by a medical professional.(F) Licensees shall notify the department within twenty-four (24) hours of discovery of any theft or attempted theft of marijuana product.(G) Licensees shall notify the department within twenty-four (24) hours of discovery of any criminal misconduct of an employee, contractor, owner, or volunteer.(H) Cultivation licensees shall notify the department before changing its cultivation practice (indoor, outdoor, or greenhouse) or modifying the ratios of cultivation practices it uses, as provided in the cultivation section of this chapter.(I) After the department approves a change in location, the licensee shall request a commencement inspection as required pursuant to this chapter.(J) Licensees shall notify the department of any entity name changes or fictitious name changes.(K) Licensees shall notify the department in writing prior to initiating a facility update that would be subject to 19 CSR 1001.090, such as adding point of sale equipment in a dispensary or replacing windows or doors. Within the notification, licensees shall provide their plan to remain in compliance with applicable rules of this chapter and ensure security of the facility and marijuana product during the update.

PURPOSE: Under Article XIV, Sections 1 and 2 of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control medical and marijuana licensees. This rule explains what regulations apply to medical and marijuana facility inventory control systems and procedures as well as to certification and operations of seed-to-sale tracking systems.

(1) Inventory control systems and procedures. All licensees shall implement inventory control systems and procedures as follows:(A) Each licensee shall designate, in writing, a facility agent who is generally responsible for the inventory control systems and procedures for that facility;(B) Licensees shall maintain all records required by this section for at least five (5) years;(C) All weighing and measuring of marijuana product and marijuana waste required by this rule must be conducted with a National Type Evaluation Program (NTEP) approved scale, which shall be recalibrated by a certified entity at least yearly.1. Scales shall be tested and approved in accordance with the requirements in Chapter 413, RSMo, prior to being placed into service.2. Facility agents shall inspect and log the inspection of each scale to verify it is clean and reading accurately at least once a month and each time the scale is moved.3. Scale inspection logs shall indicate the date, method of accuracy verification, and by whom the accuracy is verified.4. The licensee's scale shall be designed for the type of weighing or measuring needed for the licensee's facility type;(D) Each licensee shall use the state-wide track and trace system as its system of record to track marijuana product from seed or immature plant stage until the marijuana product is either purchased by a consumer, qualifying patient, or primary caregiver; expended during testing; or destroyed;(E) All marijuana product in a medical or marijuana facility must be traceable in the statewide track and trace system at all times.1. All immature plants at least eight (8) inches tall or eight (8) inches wide shall be tagged with traceability information.2. All packaged marijuana product shall bear a tag with traceability information.3. Licensees shall place a new package tag on marijuana product any time-A. A marijuana product changes product category; orB. The marijuana product is incorporated into a different marijuana product;(F) Licensees must enter into the statewide track and trace system each day's beginning inventory, harvests, acquisitions, sales, disbursements, remediations, disposals, transfers, deliveries, ending inventory, and any other data necessary to complete the inventory control records in the statewide track and trace system. Records will not be considered complete unless all available fields for a particular action are completed, including the identity of the facility agent making the record;(G) Discrepancies in marijuana product inventory records shall not be corrected by entering an inventory adjustment without first being documented, investigated by management personnel, and reported to the department within twenty-four (24) hours of discovering the discrepancy. A discrepancy is a situation where the marijuana product may not be accounted for physically or in the state-wide track and trace system;(H) If a licensee identifies a reduction in the amount of marijuana product in the inventory of the facility due to suspected criminal activity by a facility agent, the licensee shall report the facility agent to the department and to the appropriate law enforcement agencies within twenty-four (24) hours of discovering the suspected criminal activity;(I) Licensees must provide to the department a monthly physical inventory report that includes all adjustments and adjustment reasons and that demonstrates the physical inventory reconciles with the inventory recorded in the statewide track and trace system;(J) Cultivation licensees must-1. Report in the state-wide track and trace system all seeds and all plants of any size; and2. Report in the state-wide track and trace system, by plant or location-A. All pesticides, herbicides, fertilizers, and other agricultural chemicals applied to marijuana plants and growing medium during production and processing at its facility; andB. All ingredients contained in each pesticide, herbicide, fertilizer, and other agricultural chemical applied to the marijuana plants and growing medium during production and processing at its facility.(K) Manufacturing licensees shall-1. Establish and maintain a perpetual inventory system that documents the flow of all non-marijuana materials through the manufacturing process;2. Establish procedures to reconcile the raw marijuana material with the finished product on the basis of each process lot;3. Record in the state-wide track and trace system all active and inactive ingredients in each final manufactured product; and4. Record in the state-wide track and trace system the serving or, in the case of medical marijuana product, dosage amounts for each final manufactured product.(L) Dispensary licensees shall be responsible for ensuring that every amount of marijuana product sold or disbursed to a consumer, qualifying patient, or primary caregiver is immediately recorded in the state-wide track and trace system. Amounts of marijuana product shall be recorded-1. For dried, unprocessed marijuana and prerolls, in grams;2. For concentrates and infused prerolls, in grams; or3. For infused products, by milligrams of THC;(M) All licensees must ensure the accuracy of information entered into the state-wide track and trace system on a daily basis.1. An error occurs when information is recorded incorrectly into the state-wide track and trace system, but the marijuana product can be accounted for.2. Errors identified within the system must be immediately corrected. All corrections should be accompanied with a detailed note in the system clearly outlining the error that occurred and the corrective action taken.3. Errors involving consumer and patient allotments must be reported to the department and corrected in the state-wide track and trace system within twenty-four (24) hours of being identified;(N) In order to facilitate the use of the state-wide track and trace system, facilities may also employ a department-certified seed-to-sale tracking system that integrates with the statewide track and trace system; and(O) In case of seed-to-sale system failure or loss of connection between the seed-to-sale system and the state-wide track and trace system, a licensee must cease performing all actions that are required to be tracked.1. Upon system restoration, the licensee must confirm all inventory and tracking information is accurately reflected in the state-wide track and trace system.2. Any such system failure or loss of connection must be reported to the department within three (3) hours of identifying the seed-to-sale system failure or loss of connection between the seed-to-sale system and the state-wide track and trace system.(2) Seed-to-sale tracking.(A) Access to seed-to-sale tracking system certifications.1. Any entity certified to conduct seed-to-sale tracking for medical marijuana product as of the effective date of this section shall be deemed certified to conduct those activities with respect to all marijuana product.2. The department will accept applications for seed-to-sale tracking system certifications via the online application system.3. Incomplete applications for certification of seed-to-sale tracking systems may be denied.4. The department shall charge an application fee for a seed-to-sale certification and also an annual fee once a certification is offered.A. The first annual fee will be due thirty (30) days after a certification is offered and shall be due annually on that same date as long as the certification remains valid.B. The department shall publish the current fees, including any adjustments, on its website. The fees due will be the fee that is effective as of the due date for the fee.(B) Application Requirements. All applications for seed-to-sale tracking system certifications shall include at least the following information:1. Name and address of the applicant;2. Legal name of the entity, including any fictitious business names;3. An attestation by an owner or principle of the entity that the seed-to-sale tracking system can and will comply with this rule; and4. All applicable fees or proof that all applicable fees have already been paid.(C) Seed-to-Sale Tracking System Requirements. All seed-to-sale tracking systems used by licensees shall be capable of-1. Interfacing with the statewide track and trace system such that a licensee's employees may enter and access information in the statewide track and trace system as required for inventory control and tracking and for purchase limitations set forth in this chapter;2. Providing the department with access to all information stored in the system's database;3. Maintaining the confidentiality of all patient and consumer data and records accessed or stored by the system such that all persons or entities other than the department may only access the information in the system that they are authorized by law to access; and4. Producing analytical reports to the department regarding-A. Total quantity of daily, monthly, and yearly sales at the facility per product type;B. Average prices of daily, monthly, and yearly sales at the facility per product type;C. Total inventory or sales record adjustments at the facility; andD. API error report showing how many times the seed-to-sale tracking system failed to upload information to the statewide track and trace system, or failed in some other way.(D) Seed-to-sale tracking system prohibitions.1. No certified seed-to-sale tracking system entities may begin operations before receiving the department's written approval to do so and signing the department's Marijuana Application Programming Interface User Agreement.2. No seed-to-sale tracking system entity may be owned by or affiliated with an entity that holds a contract with the state of Missouri for any product or service related to the department's marijuana program.(E) Tracking-related discipline.1. The department may impose a fine of up to five thousand dollars ($5,000), and may restrict, suspend, or revoke a seed-to-sale tracking system entity certification for the following reasons:A. Failure of a seed-to-sale tracking system entity to comply with this rule;B. Failure to abide by the department's Marijuana Application Programming Interface User Agreement;C. Failure of a seed-to-sale tracking system entity to timely interface with the state-wide track and trace system;D. Persistent failure to interface with the state-wide track and trace system; orE. Providing false or misleading information to the state-wide track and trace system.2. If a licensee or its employees or contractors fail to comply with the state-wide track and trace system requirements or intentionally misuses or falsifies state-wide track and trace system tracking data, the department may impose a fine of up to fifty thousand dollars ($50,000), and may restrict, suspend, or revoke the facility's license.

PURPOSE: Under Article XIV, Sections 1 and 2 of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control medical and marijuana facilities and licensees. This rule explains what regulations apply to dispensary facilities and licensees.

(1) Dispensary facilities, generally.(A) A dispensary licensee's authority to engage in the process of dispensing marijuana product includes the ability to-1. Acquire and transfer marijuana, marijuana seeds, clones, and prerolls from a cultivation facility;2. Acquire and transfer marijuana-infused products and prerolls from a manufacturing facility;3. Acquire and transfer marijuana product from another dispensary facility;4. Create and sell prerolls, which does not include the grinding of marijuana for use in prerolls or manufacture of marijuana-infused products;5. Package and store (on- or off-site) marijuana product and drug paraphernalia used to administer marijuana product;6. Transport and sell or distribute marijuana product and drug paraphernalia to another dispensary facility, manufacturing facility, cultivation facility, testing facility, or individuals authorized to purchase marijuana product for personal or medical use, as follows:A. A medical dispensary licensee may only sell or distribute to individuals who are qualifying patients or primary caregivers; andB. A comprehensive or microbusiness dispensary licensee may sell or distribute to individuals who are consumers, qualifying patients, or primary caregivers; and7. Transfer marijuana product to or from its own warehouse.(B) Acquire and transfer marijuana-infused products and prerolls from a manufacturing facility;(C) Acquire and transfer marijuana product from another dispensary facility;(D) Process marijuana product for the purpose of producing and selling prerolls, which does not include the manufacture of marijuana-infused products;(E) Package and store (on- or off-site) marijuana product and drug paraphernalia used to administer marijuana product;(F) Transport and sell or distribute marijuana product and drug paraphernalia to another dispensary facility, manufacturing facility, cultivation facility, testing facility, or individuals authorized to purchase marijuana product for personal or medical use, as follows:1. A medical dispensary licensee may only sell or distribute to individuals who are qualifying patients or primary caregivers; and2. A comprehensive or microbusiness dispensary licensee may sell or distribute to individuals who are consumers, qualifying patients, or primary caregivers; and(G) Transfer marijuana product to or from its own offsite warehouse.(2) Dispensary facility and licensee requirements. In addition to this chapter's requirements for licensed facilities and licensees, dispensary facilities and licensees shall also comply with the following:(A) Dispensary licensees must design their facility and staffing in such a way as to accomplish the following:1. The general public may only enter the facility through one (1) public access point into an area where facility agents shall screen individuals for qualifying patient, primary caregiver, or consumer status. No marijuana product may be accessible in this area. Drive-through or pickup windows shall not constitute an additional access point to the facility;2. No one under the age of twenty-one (21) may enter any areas beyond the facility's public access point area, unless the individual is a qualifying patient or accompanying a parent or guardian who is a qualifying patient, primary caregiver, or consumer;3. In any limited access area where marijuana product is accessible within the facility, the licensee must have at least one (1) facility agent present for every three (3) consumers, qualifying patients, or primary caregivers, combined. A facility agent serving a consumer, qualifying patient, or primary caregiver at a drive-through window or pick-up window is not available to accompany a consumer, qualifying patient, or primary caregiver in the limited access area as long as the staff person is serving the drive-through or pickup window consumer, qualifying patient, or primary caregiver;4. Drive-through lanes and pickup windows must-A. Utilize drawers or pneumatic tubes for dispensing marijuana product;B. Provide for clear visibility of the consumer, qualifying patient, or primary caregiver for verification of identity. Drive-through and pick-up windows must either be constructed so that they do not open or remain closed and locked at all times; andC. Be covered at all times by video camera monitoring and recording that meets the standards described in this chapter; and5. Dispensary facilities must have posted at each point of egress, and on, beside, or immediately above all drive-through drawers, a department-approved sign that conveys the following warning:

"It is against the law to operate a dangerous device, motor vehicle, aircraft, or motorboat while under the influence of marijuana";

(B) Prior to sale, delivery, or distribution, dispensary licensees shall verify all of the following through the state-wide track and trace system:1. Any marijuana product the facility sells, delivers, or distributes has been tested by a testing facility, according to the provisions of this chapter, and passed mandatory testing for the product type, including prerolls created at a dispensary facility; and2. The marijuana product has not been placed on administrative hold, recalled, or ordered or otherwise required to be destroyed;(C) Dispensary licensees shall not sell, deliver, or distribute to a consumer, qualifying patient, or primary caregiver more marijuana product than the lawful amounts.1. Licensees may not sell, deliver, or distribute to a consumer more than three (3) ounces of dried, unprocessed marijuana, or its equivalent, in a single transaction and shall report to the department any instances of consumers attempting to make multiple purchases in one (1) day that the licensee knows, or reasonably should know would likely result in the consumer exceeding the three (3) ounce possession limit.2. Licensees may not sell, deliver, or distribute to a qualifying patient or primary caregiver on behalf of a qualifying patient, any amount of dried, unprocessed marijuana, or its equivalent, that would result in the purchase of more than that qualifying patient's physician- or nurse practitioner-authorized amount;(D) Transactions.1. For every transaction, dispensary licensees must receive the transaction order directly from a consumer, qualifying patient, or primary caregiver in person, by phone, or via the internet.A. If a dispensary licensee receives transactions via the internet, it must ensure that the third party entity providing services for online ordering-(I) Utilizes security measures sufficient to protect the confidentiality and security of consumer, qualifying patient, and primary caregiver information;(II) Does not collect or distribute consumer, qualifying patient, or primary caregiver data for use in any way other than for the online ordering process; and(III) Seeks and obtains appropriate authority from the department for integration with the state-wide track and trace system, if integration is necessary, prior to providing services.2. At the time of sale or distribution, licensees must-A. Verify through the state-wide track and trace system that-(I) Qualifying patients or primary caregivers making marijuana product purchases for medical use are currently authorized to purchase the amount of marijuana product requested;(II) Consumers purchasing marijuana product do not exceed the purchase limits set forth above; and(III) A consumer, qualifying patient, or primary caregiver purchasing plants is currently authorized to cultivate marijuana;B. Verify that the marijuana product is not past its "best if used by" date;C. Require production of a qualifying patient or primary caregiver identification card if applicable or production of a substantially equivalent identification card issued in another jurisdiction, a valid (not expired) government-issued photo ID, and in the case of marijuana plant purchases, a cultivation identification card. In the case of delivery orders, such documentation must be produced at the time of delivery. Licensees must verify that-(I) Patients acquiring marijuana product for medical use are at least eighteen (18) years of age or are emancipated individuals under the age of eighteen (18); or(II) Patients under the age of eighteen (18) have a primary caregiver who is making the acquisition on their behalf; or(III) All consumers are at least twenty-one (21) years of age;D. For any transaction involving a qualifying patient, primary caregiver, or personal cultivation purchase, scan the department-issued identification card barcode in order to adequately track purchases in the state-wide track and trace system;E. Receive payment before the marijuana product leaves the dispensary facility, or, in the case of a delivery order, receive payment at any point in time up until and including the time of delivery.(I) In the case of a delivery order, payment is subject to refund if the delivery cannot be completed.(II) If not receiving pre-payment for a delivery order, a dispensary licensee may deliver to no more than two (2) individuals at the same address on the same day; andF. Record the disbursement of marijuana product, including plants and seeds, in the state-wide track and trace system, even in instances where prices are discounted or waived;(E) Dispensary licensees that sell marijuana-infused products for oral consumption, including marijuana products such as a tincture, shall ensure the storage and handling of the manufactured product complies with the applicable food safety standards set forth in chapter 19 CSR 20 and any relevant statutes controlling food safety standards;(F) Dispensary licensees shall only sell marijuana plants acquired from licensed cultivation facilities.1. Dispensary licensees shall not sell marijuana plants to a consumer, qualifying patient, or primary caregiver who is not currently authorized to cultivate marijuana.2. Only plants less than eight (8) inches tall and less than eight (8) inches wide may be sold by dispensary licensees, and dispensary licensees may not alter the plant or care for it in any way other than watering and providing light.3. If a dispensary licensee chooses to sell plants, the transaction shall proceed as follows:A. Dispensary licensees shall receive an order and payment from a consumer, qualifying patient, or primary caregiver prior to arranging for transfer of the plant from a cultivation facility to the dispensary facility. The dispensary licensee may not hold any particular plant for more than five (5) days;B. The licensee will schedule a time for the licensed consumer, qualifying patient, or primary caregiver to pick up the order within the five- (5-) day time frame;C. When the licensee accepts transfer of a plant from a cultivation facility, it must store the plant, with the consumer's, qualifying patient's, or primary caregiver's name and license number, in its vault;D. If a consumer, qualifying patient, or primary caregiver does not pick up the order, the licensee must dispose of the plant upon expiration of the five (5) days and record the disposal and method of disposal in the state-wide track and trace system; andE. In a single day, no more than six (6) plants less than eight (8) inches tall and less than eight (8) inches wide may be sold to a consumer or to or on behalf of a particular patient;(G) Refunds or credits may be issued as needed, but returns of marijuana product may only be accepted for purposes of disposal;(H) Dispensary licensees must make available to all consumers, qualifying patients, and primary caregivers educational materials, whether digital or print, that include at least the following:1. Local resources for concerns about addiction, including the phone number for the Substance Abuse and Mental Health Services Administration's National Helpline;2. Information about potential risks and possible side effects of marijuana use, including:A. Marijuana use affects brain functioning and is likely to cause physical and mental impairment;B. Those who consume marijuana should not operate a motor vehicle or other similar equipment;C. Women who are or may become pregnant or are breastfeeding should avoid using marijuana as it may cause pregnancy complications, harm a baby's development, and result in a lower birth weight;D. Secondhand smoke from marijuana can have psychoactive effects and should be avoided for all children; andE. The risk of poisoning and the phone number for the Missouri Poison Center;3. Information about the different ways to administer marijuana product and the differences in the anticipated time frames for the marijuana product to take affect; and4. The department's contact information and website address;(I) Dispensary facilities may securely display samples of each marijuana product offered for sale.1. Marijuana product used as a display sample may not be dispensed to consumers, qualifying patients, or primary caregivers.2. A facility agent may remove the sample from the secure display to allow a consumer, qualifying patient, or primary caregiver to inspect the display sample but shall immediately return the sample to the secure display once such inspection is complete.3. Display samples shall be destroyed in accordance with this chapter within five (5) business days of the inventory associated with the mandatory test sample tag number being finished;(J) Dispensary licensees shall store all marijuana product in a locked vault, a similarly secure locked enclosure, or in a warehouse when the facility is closed for business;(K) Dispensaries shall limit the amount of money available in any retail area of the facility and shall notify the public that there is a minimal amount of money available, including by posting of a sign;(L) Dispensary licensees may offer marijuana product disposal services for consumers, qualifying patients, and primary caregivers.1. Dispensary licensees may charge a reasonable disposal fee.2. Any marijuana product received for disposal must be logged in the statewide track and trace system and disposed within forty-eight (48) hours of receipt at the dispensary facility; and(M) Any product of any kind available in a dispensary that is not marijuana product must be displayed separately from marijuana product and in a manner that clearly communicates the non-marijuana product is not regulated pursuant to this chapter.

Medical and adult-use cannabis are legal in Missouri, meaning anyone 21 and older can legally purchase marijuana.

Missouri residents over the age of 18 with a physician’s recommendation can apply for a medical marijuana patient license and there are exceptions for patients under 18.

Marijuana possession limits in Missouri are as follows:

• Medical marijuana patients are allowed a standard allotment of 6oz (or more based on physician recommendation) of cannabis within a thirty day period.

• Adult-use cannabis can be purchased by adults 21 and over. They are allowed up to 3 ounces of cannabis per transaction and may be in possession of up to 3 ounces at any time.

Missouri applies a 6% tax on the retail sale of cannabis for adult use. Medical cannabis is taxed at a 4% rate.

Individual cities may also charge additional cannabis taxes. For example, St. Louis issues an additional sales tax of 3% on all non-medical cannabis purchases.

Missouri uses Metrc as its state tracking system. Metrc partners with the Missouri DHSS to ensure cannabis businesses remain compliant throughout the state. Learn more here.

Opening a dispensary in Missouri requires careful planning, adherence to strict regulatory standards, and significant financial investment. It's crucial to stay informed about current laws and regulations, maintain rigorous compliance, and provide safe, legal access to cannabis products for qualifying patients, caregivers, and consumers, depending on the nature of your license.

Opening a dispensary business in Missouri involves the following steps:

1. Understand Missouri's cannabis regulations

• Familiarize yourself with Article XIV of the Missouri Constitution, which grants the Department of Health and Senior Services (DHSS) the authority to regulate medical and marijuana facilities.

• Stay updated with any changes or additions to the regulations, especially those pertaining to dispensaries.

• You must apply for and obtain a dispensary license from the DHSS. This includes submitting a detailed application that adheres to state requirements.

• Ensure you have a separate license or certificate for each facility location. Dispensaries can operate multiple licenses at a single location, subject to department pre-approval.

• Your dispensary cannot be located within 1,000 feet of any elementary or secondary school, daycare, or church at the time of applying for a license or local zoning approval.

• Dispensaries are restricted to relocating only within the congressional district where they were originally licensed.

• Design your facility to have one public access point, with stringent access controls and age restrictions.

• Implement security measures including video monitoring, secure storage for marijuana products, and adherence to transportation regulations.

• Follow the state-wide track and trace system for inventory control, ensuring all marijuana products are tested, not recalled, and properly tracked from acquisition to sale.

• Pay the required application and annual licensing fees as published by the DHSS.

• Ensure you have the financial capability to start and operate a dispensary, including meeting the initial and ongoing compliance costs.

• Consult with legal and financial advisors to navigate the regulatory requirements, business planning, and tax obligations.

• Design your staffing to meet regulatory requirements, including having a sufficient number of facility agents relative to consumers, patients, or caregivers.

• Ensure all staff undergo required training on security measures, emergency response, and the legal aspects of handling and selling marijuana.

• Verify through the state-wide track and trace system that all products sold have passed mandatory testing and adhere to sale limits.

• Only sell marijuana products and plants acquired from licensed cultivation and manufacturing facilities.

• Provide educational materials on marijuana use and adhere to storage and disposal regulations.

• Your facility will undergo inspections by the DHSS to ensure compliance with all regulatory requirements before you can start operations.

• Receive approval to operate from the DHSS within the specified timeframe after being issued your license or certification.

Yes, Flowhub was one of the first seed-to-sale software providers approved for use by the state of Missouri. We have also made enhancements to our system to be compliant with label requirements and can easily track cultivation license holders to ensure you don’t accidentally sell seeds or clones illegally.

We also integrate with Metrc to ensure inventory and sales compliance by pushing data in real time. In fact, we have a feature that allows you to see which sales didn’t successfully upload to Metrc, so if they go down, you can stay in compliance. Learn more about how Flowhub works in MO.