Missouri Cannabis Law

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A Guide to Missouri Cannabis Law

8 Missouri Cannabis Laws You Must Know

Ever since dispensary licenses were awarded to Missouri applicants in January 2020, the competition has been intense. Out of the 1,200 applicants, only 192 dispensary licenses were awarded.

If you want to succeed as a dispensary owner in Missouri, the first step is understanding and adhering to the state’s extensive medical marijuana regulations.

Missouri Cannabis Laws At a Glance

  1. Missouri has legalized medical marijuana only. Recreational use of cannabis is not legal.
  2. Licensed dispensaries can sell marijuana and marijuana-infused products, including flower, concentrates, and edibles to licensed patients and may sell plants, seeds, and clones to qualifying patients who are authorized to cultivate medical marijuana.
  3. Medical marijuana is subject to a specific 4% state tax in addition to any sales taxes.
  4. The regulatory body for Missouri’s medical marijuana industry is the Department of Health and Senior Services (DHSS).
  5. Persons under the age of 18 can receive a medical marijuana license through a primary caregiver with the consent of a parent or legal guardian who will act as the primary caregiver.
  6. Medical marijuana patients can purchase a maximum of 4oz of flower or its equivalent per 30-day period.
  7. Dispensaries must use state-approved seed-to-sale tracking software to manage inventory and report sales to Metrc.
  8. All parts of the supply chain are licensed, including cultivators, testing labs, manufacturing facilities, transporters, and dispensaries.

Right to access medical marijuana

  • Article XIV allows state-licensed physicians to recommend medical marijuana for certain qualifying conditions, provides patients the right to discuss possible benefits of medical marijuana, and establishes a patient’s right to use medical marijuana under the supervision of a physician.
    • Medical marijuana in Missouri refers to any strain of cannabis with a tetrahydrocannabinol (THC) content of greater than 0.3% on a dry weight basis. Products containing forms of cannabis or hemp or chemicals from cannabis or hemp that do not contain this amount of THC are not considered medical marijuana in Missouri.
    • Medical marijuana can be used in different ways; each way can affect users differently, whether inhaled (i.e., smoking, vaporization), oral (i.e., edibles, tinctures, capsules, oils), sublingual (applied under the tongue e.g., tinctures, dissolvable strips, lozenges, sprays), or topicals (i.e., lotions, salves, bath salts, oils).
  • There is no reciprocity between Missouri’s Medical Marijuana Regulatory Program (MMRP) and other state medical marijuana programs. Individuals licensed in another state do not automatically qualify for a license in Missouri.

Managing inventory

  • All cultivation, infused products manufacturing, dispensary, testing, and transportation facilities shall implement inventory control systems and procedures as follows:
  • Each facility shall designate in writing a facility agent who is generally responsible for the inventory control systems and procedures for that facility;
  • All weighing and measuring of medical marijuana required by this rule must be conducted with a National Type Evaluation Program approved scale, which shall be capable of weighing and measuring accurately at all times and recalibrated at least yearly;
  • Each facility shall use a department-certified seed-to-sale tracking system to track medical marijuana from seed or immature plant stage until the medical marijuana is purchased by a qualifying patient or primary caregiver or destroyed. Records entered into the seed-to-sale tracking system must include each day’s beginning inventory, harvests, acquisitions, sales, disbursements, remediations, disposals, transfers, ending inventory, and any other data necessary for inventory control records in the statewide track and trace system;
  • Each dispensary facility shall be responsible for ensuring that every amount of medical marijuana sold or disbursed to a qualifying patient or primary caregiver is recorded in the seed-to-sale tracking system as a purchase by or on behalf of the applicable qualifying patient.

Explained: Here are the basics of compliantly managing inventory:

  • You must designate someone at your dispensary to oversee inventory.
    • Final oversight and auditing powers go to the Missouri DHSS.
    • Dispensaries must use a National Type Evaluation Program approved scale, to be calibrated at least annually.
    • Missouri uses Metrc as its track-and-trace system. Dispensaries are required to push every check in and transaction to Metrc in real time.

Dispensary licensing

  • Access to Dispensary Facility Licenses.
    • The number of dispensary facility licenses will be limited to one hundred ninety- two (192) unless the department determines the limit must be increased in order to meet the demand for medical marijuana by qualifying patients.
  • Dispensary facility licenses will be limited to twenty-four (24) in each of the eight (8) United States congressional districts in the state of Missouri as drawn and in effect on December 6, 2018.
  • A facility license will be issued for a single facility in a single location.
  • If a facility is granted a license or certification but has not passed a commencement inspection within one (1) year of the department issuing the license or certification, the license or certification may be revoked.
  • Cultivation, infused product manufacturing, and dispensary licenses and testing and transportation certifications are valid for three (3) years from the date the license or certification is issued and shall, except for good cause, be renewable by submitting, prior to expiration by at least one hundred fifty (150) days but no sooner than two hundred fifty (250) days, an updated application.
  • The department shall charge an application or renewal fee for a facility license or certification and also an annual fee once a license or certification is granted.

Explained:

  • Any facility cultivating, manufacturing, selling, transporting, testing, or otherwise working with medical marijuana must be licensed.
  • An important note is that the regulations specify awarding only 192 dispensary licenses in Missouri. This means all the available licenses have been awarded.

Basic facility license applicant requirements:

  • Proof of Missouri residency for at least 1 year.
  • Entities must be majority-owned by natural persons who’ve been citizens of Missouri for at least 1 year and don’t claim residency in any other state or country.*
  • Facilities can’t be owned by or employ those with disqualifying felony offenses.
  • All principal officers, owners, and managers must undergo a criminal background check by the Missouri State Highway Patrol within 6 months of applying
  • *This requirement is currently barred from being enforced under a preliminary injunction in Togio v. DHSS.
  • Definition to know: “Majority owned” means more than 50% of the economic interests and more than 50% of the voting interests of an entity.

This law also outlines details of note for current license-holders:

  • You must pass your commencement inspection within 1 year of being issued the license, or your license may be revoked.
  • Your license is valid for 3 years from the date it was issued. You will need to renew by submitting an updated application between 150-250 days prior to expiration. Renewal fees will apply.
  • Note: Licensed Facilities can’t be located within 1,000 feet of any elementary or secondary school, daycare, or church. The measurement is the shortest path between the two locations as lawfully traveled by foot. Local rules and regulations can allow for this distance to be smaller than 1000 feet.

Penalties and fines

  • The department will impose penalties as follows:
    • For possessing marijuana in amounts between the possessor’s legal limit and twice the possessor’s legal limit, in addition to revocation of identification card(s) pursuant to 19 CSR 30-95.030(3)(B)1.D., the possessor will incur a penalty of two hundred dollars ($200);
  • For failure to package medical marijuana consistent with 19 CSR 30- 95.040(4)(K), a facility will incur a penalty of five thousand dollars ($5,000) for each category of improperly packaged product, and the improperly packaged medical marijuana will be recalled for repackaging or disposal, at the department’s discretion; and
  • Any person or facility that extracts resins from marijuana using combustible gases or other dangerous materials without a manufacturing facility license, shall incur a penalty.
  • In addition to revocation of identification cards pursuant to 19 CSR 30- 95.030(3)(B)1.I., any patients or primary caregivers who extract resins in this manner will incur a penalty of one thousand dollars ($1000).
  • In addition to suspension of license, pursuant to 19 CSR 30-95.040(1)(F)7., facilities that extract resins in this manner will incur a penalty of ten thousand dollars ($10,000).

Explained: Simply put, Missouri regulations prohibit the following:

  • A patient’s med card will be revoked and they will be fined $200 if they are caught with between 4-8 oz of marijuana.
  • There’s a $5,000 fine for improperly packaged products, and the products could be recalled for repacking or disposal.
  • If a patient is caught extracting resins without an MIP license, they’ll be fined $1,000 and their med card will be revoked.
  • Licensed Facilities that do not possess a MIP license will be fined $10,000 for extracting resins from marijuana using combustible gases or other dangerous materials.
  • Possession of 10 grams or less of marijuana or synthetic marijuana by a non-patient is punishable by a $500 fine, however, prior offenders of controlled substance laws may face higher fines and possible jail time.

Purchase and possession limits

  • Qualifying patients may only purchase, or have purchased on their behalf by their primary caregivers, four (4) ounces of dried, unprocessed marijuana per qualifying patient, or its equivalent, in a thirty- (30-)day period.
  • Qualifying patients may only possess, or instruct a primary caregiver to possess on their behalf— 1. In the case of qualifying patients who do not cultivate or have medical marijuana cultivated on their behalf, up to a sixty- (60-) day supply of dried, unprocessed marijuana per qualifying patient, or its equivalent; or 2. In the case of qualifying patients who are cultivating marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf, up to a ninety- (90-) day supply of dried, unprocessed marijuana or its equivalent, so long as the supply of medical marijuana cultivated by the qualifying patients or primary caregivers remains on property under their control.
  • All medical marijuana purchased from a dispensary must be stored in or with its original packaging.
  • Primary caregivers may possess a separate legal limit for each qualifying patient under their care and a separate legal limit for themselves if they are a qualifying patient, each of which shall be stored separately for each qualifying patient and labeled with the qualifying patient’s name.
  • Purchase and possession limits established in this section shall not apply to a qualifying patient with written certification from two (2) independent physicians that there are compelling reasons why the qualifying patient needs a greater amount than the limits established in this section.

Explained:

  • Qualifying patients and primary caregivers may purchase medical marijuana and medical marijuana-infused products.
  • Qualifying patients who are authorized to cultivate medical marijuana may also purchase plants, seeds, and clones.
  • Equivalence ratios: 1 oz dried, unprocessed marijuana = 8 g concentrate = 800 mg THC- infused products

Other points of note:

  • Patients can exceed the purchase limits if they receive approval from two physicians.
  • Patients can’t purchase seeds or clones if they aren’t “authorized to cultivate.”

Medical patients can have in their possession:

  • Up to 6 flowering marijuana plants
  • Up to a 90-day supply (12 ounces or 339 grams) of dried, unprocessed marijuana or equivalent if cultivating
  • Up to a 60-day supply (8 ounces or 226 grams) of unprocessed marijuana or equivalent if not cultivating.

Patients and caregivers

  • Identification Card Applications. Qualifying patients and primary caregivers shall obtain identification cards from the department, which will include unique, identifying numbers for each patient and each caregiver-patient relationship. A qualifying patient or his or her primary caregivers may also obtain an identification card to cultivate up to six (6) flowering marijuana plants for the exclusive use of that qualifying patient. The department will receive applications for qualifying patients, primary caregivers, and patient cultivation electronically through a department-provided, web-based application system.
  • All applications for qualifying patient identification cards and renewal of such identification cards shall include at least the following information:
  • The qualifying patient’s name, date of birth, and Social Security number;
    • The qualifying patient’s residence address and mailing address or, if the qualifying patient has no residence or mailing address, an address where the qualifying patient can receive mail;
    • A statement that the qualifying patient resides in Missouri and does not claim resident privileges in another state or country, as well as proof of current Missouri residency, which shall be shown by— A. A copy of a valid Missouri driver’s license, a Missouri Identification Card, a current Missouri motor vehicle registration, or a recent Missouri utility bill; or B. If none of these proofs are avail- able, some other evidence of residence in Missouri, which shall be approved or denied by the director of the medical marijuana program as sufficient proof of residency;
  • The qualifying patient’s e-mail address;
    • A statement confirming that— A. One (1) physician certification, which is less than thirty (30) days old, has been submitted on behalf of the qualifying patient; or B. Two (2) physician certifications, which are less than thirty (30) days old, have been submitted on behalf of the qualifying patient in order to authorize possession limits other than those established by section (5) of this rule;
    • A legible copy of the qualifying patient’s photo identification issued by a state or federal government entity;
  • If the qualifying patient is a non-emancipated qualifying patient, the name, Social Security number, and a Parental/Legal Guardian Consent Form, included herein, completed by a parent or legal guardian who will serve as primary caregiver for the qualifying patient;
    • A clear, color photo of the applicant’s face taken within the prior three (3) months;
  • At the option of the applicant, a statement indicating whether the applicant is currently receiving assistance from any Missouri programs for low-income individuals, and if so, which programs;
    • If the patient is seeking authority to cultivate medical marijuana—
      • The address of the facility in which the qualifying patient will cultivate marijuana;
      • A description of the security arrangements and processes that will be used to restrict access to only qualifying patients and their primary caregivers;
      • The name and Patient License Number or Caregiver License Number, if applicable, of one (1) other qualifying patient.
    • An attestation that the information provided in the application is true and correct;
    • The signature of the qualifying patient and date the qualifying patient signed, or, in the case of a non-emancipated qualifying patient, the signature of the parent or legal guardian who will serve as primary caregiver for the qualifying patient and the date the parent or legal guardian signed; and
    • All applicable fees.

One (1) qualifying patient may cultivate up to six (6) flowering marijuana plants, six (6) nonflowering marijuana plants (over fourteen (14) inches tall), and six (6) clones (plants under fourteen (14) inches tall) at any given time in a single, enclosed locked facility.

Explained: Patients over the age of 18 or primary caregivers, or patients under 18 who have an ID issued by the Missouri DHSS, can purchase medical marijuana.

  • Patients and caregivers must apply via the DHSS within 30 days of physician certification.
  • Patient or primary caregiver ID cards cost $25 and are valid for 1 year.

Qualifying conditions for receiving a medical marijuana license:

  • Cancer
  • Epilepsy
  • Glaucoma
  • Intractable migraines unresponsive to other treatment
  • A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including but not limited to those associated with multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome
  • Debilitating psychiatric disorders, including, but not limited to, post-traumatic stress order, if diagnosed by a state licensed psychiatrist
  • Human immunodeficiency virus or acquired immune deficiency syndrome
  • Amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia, and wasting syndrome
  • A chronic medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication
  • A terminal illness
  • In the professional judgment of a physician, any other chronic, debilitating or other medical condition, including, but not limited to, hepatitis C Patients who wish to cultivate marijuana plants must apply for and receive a qualifying patient cultivation identification card. The cultivation card allows them to grow the following at any given time in a single, enclosed, locked facility
  • 6 flowering plants
  • 6 non-flowering plants (over 14 inches tall), and
  • 6 clones (plants under 14 inches tall)

Delivery

  • Dispensary facilities must, for every transaction—
    • Receive the transaction order at the dispensary directly from the qualifying patient or primary caregiver in person, by phone, or via the internet, and not from a third party;
    • At the time of sale, verify through the statewide track and trace system that the qualifying patient or primary caregiver is currently authorized to purchase the amount of medical marijuana requested and, in the case of a seed purchase, that the patient or primary caregiver is currently authorized to cultivate medical marijuana;
    • In the case of a delivery order, receive payment before the medical marijuana leaves the dispensary, subject to refund if the delivery cannot be completed; and
    • At the time of sale or delivery, require production of a qualifying patient or primary caregiver identification card, a government-issued photo ID, and in the case of medical marijuana seed purchases, a patient cultivation identification card;

Explained:

Missouri cannabis law states dispensaries can use the Pizza Truck Model to deliver cannabis, as long as they adhere to these stipulations:

  • Payment must be received before cannabis leaves the store.
  • The vehicles have to be secure (some retailers hire transporters for delivery transactions).
  • You need manifests to have cannabis in a vehicle.
  • Vehicles can’t be marked in any way that indicates medical marijuana is being transported and must have (see Page 30, 19 CSR 30-95.100.1):
  • A secure lockbox or locking cargo area for storing marijuana during transit.
    • A secure lockbox for storing payments and video monitoring recording equipment.
    • Video monitoring of the driver and passenger compartment of the vehicle as well as any space where medical marijuana is stored.
    • GPS tracking.

Packaging and labels

  • All cultivation, infused products manufacturing, and dispensary facilities shall ensure that all medical marijuana is packaged and labeled in a manner consistent with the following:
    • Facilities shall not manufacture, package, or label marijuana—
      • In a false or misleading manner;
      • In any manner designed to cause confusion between a marijuana product and any product not containing marijuana; or
      • In any manner designed to appeal to a minor;
    • Marijuana and marijuana-infused products shall be sold in containers clearly and conspicuously labeled with: “Marijuana” or a “Marijuana-infused Product” in a font size at least as large as the largest other font size used on the package; and
  • “Warning: Cognitive and physical impairment may result from the use of Marijuana” in a font no smaller than seven- (7-) point type;
    • Any marijuana or marijuana-infused products packaged for retail sale before delivery to a dispensary must be packaged in opaque, re-sealable packaging designed or constructed to be significantly difficult for children under five (5) years of age to open but not normally difficult for adults to use properly. Any marijuana or marijuana-infused products not packaged for retail sale before delivery to a dispensary must be packaged by the dispensary upon sale to a qualifying patient or primary caregiver in opaque, re-sealable packaging designed or constructed to be significantly difficult for children under five (5) years of age to open but not normally difficult for adults to use properly. All edible marijuana-infused products must be packaged for retail by the infused- products manufacturer before transfer to a dispensary;
    • Marijuana and marijuana-infused products shall bear a label displaying the following information, in the following order:
      • The total weight of the marijuana included in the package:
        • For dried, unprocessed marijuana, weight shall be listed in ounces or grams;
        • For concentrates, weight shall be listed in grams; or
        • For infused products, weight shall be listed by milligrams of THC;
      • Dosage amounts, instructions for use, and estimated length of time the dosage will have an effect;
      • The THC, tetrahydrocannabinol acid, cannabidiol, cannabidiol acid, and cannabinol concentration per dosage;
      • All active and inactive ingredients, which shall not include groupings of ingredients that obscure the actual ingredients, such as “proprietary blend” or “spices”;
  • In the case of dried, unprocessed marijuana, the name, as recorded with the Missouri Secretary of State, of the cultivating facility from which the marijuana in the package originated and, in the case of infused products, the name of the infused-product manufacturer, as recorded with the Missouri Secretary of State; and
    • A “best if used by” date;
    • No branding, artwork, or other information or design elements included on marijuana or marijuana-infused products shall be placed in such a way as to obscure any of the information required by this section;
    • Marijuana and marijuana-infused product packaging shall not include claims of health benefits but may include health warnings; and
    • Marijuana and marijuana-infused products must, at all times, be tagged with traceability information generated by the statewide track and trace system.

Explained:

Packaging and label requirements look complex, but essentially:

  • Medical marijuana products must be clearly labeled as “Marijuana” or “Marijuana- infused product” in a font as large as the largest other font size on the packaging.
  • The warning, “Warning: Cognitive and physical impairment may result from the use of Marijuana” must be included in at least 7-point font.
  • Packaging cannot be appealing to a minor.
  • Packaging must be opaque, resealable, and difficult for children under 5 to open.
  • Packing cannot boast health benefit claims and must list out the required warnings.
  • Packaging must be tagged with information from the statewide track and trace system.

Labels must include the following:

  • Total weight of the marijuana in the package. For dried marijuana, listed in ounces or grams. For concentrates, listed in grams. And for infused products, listed by milligrams of THC.
  • Dosage amounts
  • Instructions for use
  • Estimated length of time of effects
  • Concentration per dose
  • All active and inactive ingredients
  • For dried marijuana, the name of the cultivating facility, or for infused products, the name of the manufacturer.
  • Best if used by date

Track-and-trace systems

  • Seed-to-Sale Tracking System Requirements. All seed-to-sale tracking systems used by cultivation, manufacturing, dispensary, testing, and transportation facilities shall be capable of—
    • Interfacing with the statewide track and trace system such that a licensed or certificated facility may enter and access information in the statewide track and trace system as required for inventory control and tracking by 19 CSR 30-95.040(4)(G) and for purchase limitations by 19 CSR 30- 95.080(2)(C);
    • Providing the department with access to all information stored in the system’s database;
  • Maintaining the confidentiality of all patient 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; and
    1. Producing analytical reports to the department regarding—
      1. Total quantity of daily, monthly, and yearly sales at the facility per product type;
      1. Average prices of daily, monthly, and yearly sales at the facility per product type; and
  • Total inventory or sales record adjustments at the facility.
  • Dispensary facilities must, for every transaction—
  • Receive the transaction order at the dispensary directly from the qualifying patient or primary caregiver in person, by phone, or via the internet, and not from a third party;
  • At the time of sale, verify through the statewide track and trace system that the qual- ifying patient or primary caregiver is currently authorized to purchase the amount of medical marijuana requested and, in the case of a seed purchase, that the patient or primary caregiver is currently authorized to cultivate medical marijuana;

Explained:

First, you must use Metrc as the state track-and-trace system for Missouri. And second, the software you use to manage inventory in sales in your store — typically your POS — must be state-approved and integrate with Metrc.

  • License-holders can only use state-certified trace-and-trace software to manage inventory and report sales.
  • All sales must be reported to Metrc in real time, or immediately as the transaction occurs.
  • Failure to comply with seed-to-sale tracking requirements by any facility or employee can lead to the facility’s license being revoked.

Legal possession of medical marijuana in Missouri applies to:

  • Patients or their caregivers who have a valid DHSS-issued ID card.
  • An equivalent ID card or authorization issued by another state or political subdivision of another state will also meet the requirements for possession.
  • If requested, the possessor of medical marijuana must produce a valid ID card on demand to the appropriate authority.
  • Qualified patients who do not cultivate or have medical marijuana cultivated on their behalf may have up to a 60-day supply (or eight ounces) of dried unprocessed marijuana or its equivalent.
  • Qualified patients who are cultivating marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf, may have up to a 90-day supply (or 12 ounces) of dried, unprocessed marijuana or its equivalent as long as the marijuana cultivated for the patient remains on property under the patient’s or caregiver’s control.

Purchase and Possession

How much medical marijuana can I buy?

  • The qualifying patient’s physician may certify up to four ounces of dried, unprocessed marijuana, or its equivalent, in a 30-day period. If there is a compelling reason why the qualifying patient needs a greater amount, then the Department requires two independent physician certifications specifying what other amount the qualifying patient needs. See 19 CSR 30-95.030(5)(E) for more information.

When will medical marijuana be available for purchase at licensed Missouri facilities?

  • Facility licenses have been awarded, and a list of licensed facilities can be found on the Licensed Facilities page. Facilities are required to pass a commencement inspection prior to becoming operational. The Department cannot say when facilities will be open since much depends on the circumstances and readiness of each business. However, if facilities are ready build, are in compliance with rules, and do not choose to make changes to their plans that require additional approvals, they could be operating as soon as Mid-2020.

Will I be able to go to the pharmacy to purchase medical marijuana with my identification card?

  • No, only a Missouri licensed dispensary facility will be authorized to sell medical marijuana to patients.

Can someone with an out-of-state medical marijuana card purchase marijuana from a licensed dispensary or cultivate their own marijuana in Missouri?

  • No. Licensed dispensaries may accept only Missouri-issued cards, and any patients cultivating marijuana in Missouri must do so in accordance with all the provisions in 19 CSR 30-95.030.

If I have a patient license from another state, can I purchase medical marijuana in Missouri?

  • No. There is no reciprocity between Missouri’s Medical Marijuana Program and other state medical marijuana programs. Just because you are licensed in another state doesn’t automatically qualify you for a license in Missouri. Patients may purchase medical marijuana in Missouri only upon presentation of a Department-issued patient identification card.

Does the Department have a list of dispensaries?

  • The Department maintains a list of licensed dispensaries on its website.

Do I have to pay taxes on medical marijuana purchases?

  • Yes. Dispensaries are required to charge four percent of the retail price in additional to any other applicable state or local taxes.

Can I legally possess medical marijuana now?

  • Only those patients and caregivers with a valid Department-issued identification card may legally possess marijuana in accordance with 19 CSR 30-95.030. Article XIV of the Missouri Constitution provides that, once the Department begins accepting patient applications, those applications will be acted upon by the Department within 30 days after receipt.

Can someone with an out-of-state medical marijuana card or physician certification possess medical marijuana in Missouri?

  • Section 1, subsection 5(1) of Article XIV provides that a person who produces an “equivalent identification card or authorization issued by another state or political subdivision of another state” will not be subject to arrest or other sanctions under Missouri law for possession of marijuana in quantities less than the limits for qualified Missouri patients.

Marijuana tax rates in Missouri

  • Medical marijuana: Purchases are subject to a 4% tax. No additional taxes are imposed.

Missouri Marijuana Laws and Penalties

Missouri Laws and Penalties   
OffensePenaltyIncarcerationMax. Fine
Possession   
Up to 10g (first offense)MisdemeanorNone$500
Up to 10g (second offense)Misdemeanor1 year$2,000
More than 10g – 35 gMisdemeanor1 year$2,000
More than 35 g – 30 kgFelony7 years$10,000
Possession of more than 35g, but less than 30kg, has often, historically, been charged as intent to distribute.   
Sale   
35 g or lessFelony4 years$10,000
More than 35 g – 30 kgFelony3 – 10 years$10,000
To a minorFelony3 – 15 yearsTwice profit
Distribution near school, recreational park or public housingFelony10 – 30 years, or lifeTwice profit
Trafficking   
Possess or bring into the state more than 30 – less than 100 kgFelony3 – 10 years$10,000
Possess or bring into the state 100 kg or moreFelony5 – 15 yearsTwice profit
Possess or bring into the state 500 plants or moreFelony5 – 15 yearsTwice profit
Distribute, manufacture 30 – less than 100 kgFelony5 – 15 yearsTwice profit
Distribute, manufacture 100 kg or moreFelony10 – 30 years, or lifeTwice profit
Cultivation   
35 g or lessFelony4 years$10,000
More than 35 gFelony3 – 10 years$10,000
Near a schoolFelony5 – 15 yearsTwice profit
Hash & Concentrates   
Penalties for hashish are the same as for marijuana.   
Paraphernalia   
Possession of paraphernalia (first offense)MisdemeanorNone$500
Possession of paraphernalia (second offense)Misdemeanor1 year$2,000
Unlawful manufactureMisdemeanor1 year$2,000
Commercial purposesFelony4 years$10,000
Miscellaneous   
Public Nuisance – keeping or maintaining room or building used for manufacture, storage or sale is a Felony punishable by up to 4 years imprisonment and a $10,000 fine.   
Prior Drug Offender – if found guilty of any felony offense relating to controlled substances, and, if found guilty of Class C, D or E felony, shall be sentenced to one class higher than the offense.   
Persistent Drug Offender – if found guilty of two or more felony offenses relating to controlled substances, and, if found guilty of Class C, D or E felony, shall be sentenced two classes higher than the offense. If found guilty of a Class B felony, the offender shall be sentenced to the term of imprisonment for a Class A felony—10 to 30 years, or life.   
Abuse and Lose – Possession of controlled substance results in 90-day suspension of driving privilege if under 21. Persons 21 and over will have driving privilege revoked for one year if found in violation of possession or use of controlled substance while operating a motor vehicle.   

Cannabis Advertising Guide

  • “Facilities are not allowed to advertise price discounts on a particular product,” and ads promoting holiday discounts are prohibited.
  • Discounts are allowed, but they can’t be advertised.
  • Dispensaries aren’t allowed to accept online cannabis orders that are routed through a third-party business.

Business Names, Signage and Advertising

Can a physician use the terms “teamed-up” or “partnered with” when referring patients to a dispensary?

  • The Department does not regulate off-premises advertising. Please note physicians are not allowed to certify qualifying patients on the dispensary facility’s premises pursuant to 19 CSR 30-95.080(2)(P).

Are there regulations and/or prohibitions regarding the use of a marijuana leaf on billboards?

  • Yes, if the billboards are located on facility premises. Pursuant to 19 CSR 30- 95.040(4)(M), the use of images or visual representations of marijuana plants, products, or paraphernalia, including smoke, is prohibited on outdoor signage located on facility premises as well as on indoor signage visible from a public right-of-way. Additionally, all signs and advertising must comply with local ordinances for signs and advertising.
  • The Department currently has no regulations regarding advertisements at locations other than facility premises.

Are dispensaries allowed to use a green cross symbol on facility premises that is visible to the general public from a public right-of-way?

  • No, a green cross symbol is considered a representation that indicates the presence of medical marijuana and therefore is not allowed per 19 CSR 30-95.040(4)(M).

Are medical marijuana facilities prohibited from using certain words in their business name?

  • Yes. 338.260 RSMo states that no person shall carry on, conduct or transact a business under a name which contains as part of the name the words “pharmacist”, “pharmacy”, “apothecary”, “apothecary shop”, “chemist shop”, “drug store”, “druggist”, “drugs”, “consultant pharmacist”, or any word of similar or like import, unless the place of business is supervised by a licensed pharmacist.

Does the signage rule in 19 CSR 30-95.040(4)(M) prevent facilities from using signage such as warnings against trespassing, notices of hours of operations, or prohibitions of carrying food or drink into the facility?

  • No. This rule refers to outdoor signage identifying the business. It is meant to limit the use of marijuana leaves or other drug references in advertising. It does not restrict signage unrelated to marijuana such as parking signs.
  • The ownership, directly or indirectly through the ownership of an affiliate entity, of a majority of the capital assets, real property assets, or leasehold interests; or
  • The ability to make policy decisions, operating decisions, or decisions regarding the allocation of income and expenses for the entity, whether directly or by a management agreement.

Can a facility’s logo be utilized in outdoor signage?

  • A facility’s trade name or fictitious name that has been registered and approved by the MO SOS office; and
  • The facility’s logo, as long as the logo meets all other rules per 19 CSR 30-95 and local requirements.
  • Outdoor signage must comply with any local ordinances for signs or advertising and may not display any text other than the facility’s business name or trade name, address, phone number, and website. Further, outdoor signage may not utilize images or visual representations of marijuana plants, products, or paraphernalia, including representations that indicate the presence of these items, such as smoke.

https://health.mo.gov/safety/medical-marijuana/faqs-general.php

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