Missouri Medical Cannabis Licensing & Compliance Information
Adult Use
On November 8, 2022, Missouri became the 21st state to legalize cannabis for adult use with passage of Amendment 3. Amendment 3 legalized the possession, cultivation, and licensed retail sale of cannabis for adults 21 years of age and older in the state.
On December 8, 2022, the Missouri Department of Health and Senior Services (the “Department”) began accepting requests from existing medical facility licensees to convert to a comprehensive facility. A comprehensive facility license is a license that permits the marijuana facility to participate in both the medical and adult-use marijuana markets. The Department had 60 days from receipt to approve those requests. Once approved, comprehensive licensees were allowed to begin selling marijuana to patient ID cardholders, primary caregiver ID cardholders, and adults that are at least 21 years old. Existing medical licensees may apply to the Department to convert to a comprehensive licensee, but no new medical or comprehensive license applications will be accepted for at least 548 days after the first converted comprehensive licenses were issued. If the Department begins accepting new medical or comprehensive facility applications, application periods will be publicly announced on the Department’s website at least six months in advance.
The Department only accepts applications during an application time period. The Department publishes on its website time periods during which it will accept applications and, when applicable, publishes the number of licenses to be selected by lottery. Transportation and seed-to-sale applications are the only facility applications that are currently open.
“Marijuana facility” means a comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, marijuana testing facility, transportation facility, or any other type of marijuana-related facility or business licensed or certified by the Department pursuant to Article XIV, Section 2 of the Missouri Constitution, but shall not include a medical facility or marijuana research facility.
The following license types are currently available in Missouri:
- Comprehensive Facility – Means a comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
- Comprehensive Marijuana Cultivation Facility – Means a facility licensed by the Department to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility’s authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products. These licenses are valid for three years and renewable. Application and annual fees vary.
- Comprehensive Marijuana Dispensary Facility – Means a facility licensed by the Department to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient or primary caregiver, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of this law and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth and provided for by general or local law. A comprehensive marijuana dispensary facility’s authority to process marijuana shall include the creation of prerolls. These licenses are valid for three years and renewable. Application and annual fees vary.
- Comprehensive Marijuana-Infused Products Manufacturing Facility – Means a facility licensed by the Department to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. These licenses are valid for three years and renewable. Application and annual fees vary.
- Marijuana Microbusiness Facility – Means a facility licensed by the Department as a microbusiness dispensary facility or microbusiness wholesale facility.
- Microbusiness Dispensary Facility – Means a facility licensed by the Department to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana to a consumer, qualifying patient, or primary caregiver, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of the law and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness dispensary facility’s authority to process marijuana shall include the creation of prerolls. These licenses are valid for three years and renewable. Application and annual fees vary but are less than fees for comprehensive facilities.
- Microbusiness Wholesale Facility – Means a facility licensed by the Department to acquire, cultivate, process, package, store on site or off site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), and marijuana-infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to 250 flowering marijuana plants at any given time. A microbusiness wholesale facility’s authority to process marijuana shall include the creation of prerolls and infused prerolls. These licenses are valid for three years and renewable. Application and annual fees vary but are less than fees for comprehensive facilities.
- Marijuana Testing Facility – Means a facility certified by the Department to acquire, test, certify, and transport marijuana, including those originally certified as a medical marijuana testing facility.
- Marijuana Research Facility – Means a facility licensed by the Department where activities intended to facilitate scientific research or education related to marijuana product occur.
- Transportation Facility – Means a facility certified by the Department to house operations involving the transport of marijuana product to or from a marijuana facility or medical facility; or to a qualifying patient, primary caregiver, or consumer.
The Department will restrict the aggregate number of medical and comprehensive licenses combined. The number of combined medical and comprehensive licenses are limited as follows: (1) dispensary licenses: 27 in each congressional district; (2) manufacturing licenses: 88; and (3) cultivation licenses: 65. The Department will also restrict the aggregate number of microbusiness licenses granted in each congressional district to 18, by granting 6 licenses in each of the three rounds. Despite the foregoing, the Department shall issue additional medical or marijuana licenses if the Department determines additional licenses are needed to (1) meet the demand for marijuana product; (2) ensure a competitive market while also preventing an over-concentration of marijuana facilities within the boundaries of any particular local government; or (3) maintain the minimum number of combined medical and comprehensive licenses required by law.
Hemp
Missouri’s hemp industry is regulated under both state and federal laws, specifically tailored to align with the 2018 Farm Bill that federally legalized hemp production. The Missouri Department of Agriculture (MDA) is the primary regulatory body overseeing hemp cultivation and processing in the state. Hemp was legalized in Missouri following the passage of the 2018 United States Farm Bill, which removed hemp (defined as cannabis with less than 0.3% THC) from the Schedule I controlled substance list. Subsequently, Missouri established its own hemp program through the Missouri Hemp Law, allowing individuals and businesses to grow and process hemp, provided they comply with state regulations.
Types of Licenses and Application Process:
- Grower License – This license allows individuals or entities to cultivate hemp. Applicants must submit a detailed application, which includes a criminal background check, a mapped location of the cultivation area, and a non-refundable application fee. The fee for a grower license is structured based on the size of the cultivation area, with additional fees for each acre or greenhouse.
- Processor License – Required for entities that wish to process raw hemp into finished products. Processors must also apply through the MDA, providing detailed business plans, proof of zoning compliance, and a processing facility’s layout. The application process involves a background check and payment of a non-refundable fee, which varies based on the nature and scale of the operations.
- Aggregator License – This license is for businesses that collect hemp from multiple growers to sell or process in bulk. Like growers and processors, aggregators need to undergo a background check, provide detailed operational plans, and pay a licensing fee determined by the scale of their operations.
Costs
The cost of hemp licenses in Missouri varies based on the type and scale of the operation. Application fees and annual renewal fees are required, and these fees fund the administrative costs of the state’s hemp program.
Restrictions and Zoning Laws
Missouri’s hemp regulations include specific restrictions regarding the proximity of hemp cultivation to public schools and certain public areas. Growers and processors must comply with local zoning laws, which can vary significantly between jurisdictions. All hemp crops are subject to THC content testing to ensure they do not exceed the legal limit of 0.3% THC.
Additional Regulations
Missouri mandates that all hemp seed used for cultivation be certified to ensure reliability and compliance with THC levels. The state also has strict regulations regarding the transportation and documentation of hemp, requiring all transported hemp to be accompanied by a certificate of analysis.
The evolving nature of hemp legislation at both the state and federal levels means that businesses must stay informed about the latest legal developments to ensure full compliance. Missouri continues to adapt its laws to facilitate the growth of the hemp industry while ensuring public safety and compliance with federal standards. For more detailed information on the application process or to access application forms, visit the Missouri Department of Agriculture’s hemp program page.
Psychedelics
In Missouri, recent legislative initiatives have focused on integrating psychedelic substances into medical treatment for specific conditions and reducing penalties for their possession. Here’s a comprehensive overview of the current landscape concerning psychedelics in Missouri, reflecting the state’s legal framework and ongoing legislative efforts.
- State Scheduling of Psychedelics – Missouri classifies psychedelics like LSD, psilocybin, and MDMA as Schedule I substances under the Missouri Controlled Substances Act. This classification is for drugs deemed to have a high potential for abuse and no accepted medical use, aligning with federal guidelines.
- Ketamine Laws and Telehealth – Ketamine, differently classified due to its recognized medical use primarily in anesthesia, is regulated under lower schedules. Missouri permits the prescription and administration of ketamine under medical supervision. Telehealth laws in Missouri allow for the prescription of controlled substances via telemedicine, but this typically excludes Schedule I substances. However, ketamine being a lower schedule drug, can be prescribed under specific telehealth guidelines ensuring proper patient evaluation and care.
- Right to Try State Laws – Missouri’s Right to Try Act, initially passed to allow terminally ill patients to access investigational drugs, was proposed to be expanded by HB 2429 to include psychedelic substances like psilocybin and MDMA. This bill aimed to permit patients with terminal or life-threatening conditions to access these drugs under a doctor’s supervision once all other treatment options had been exhausted.
- Religious Exemptions – Federal rulings have recognized specific religious uses of psychedelics, such as ayahuasca under the Religious Freedom Restoration Act. While Missouri does not have specific state laws granting religious exemptions for the use of psychedelics, these practices are generally protected under federal precedents, which would apply to Missouri residents.
Legislative Efforts
Several bills have been introduced aiming to reshape how psychedelics are viewed and handled legally in Missouri:
- HB 2429 and HB 2469: These bills propose expanding Right to Try to include psychedelics and decriminalizing possession of small quantities of certain psychedelics, shifting penalties to minor infractions with small fines.
- HB 2850 and HB 869: Suggested legal frameworks for the medical use of natural psychedelics, proposing systems for legal protection to patients and healthcare providers who follow the state-regulated use protocols.
- HB 1154: Focused on initiating studies on the efficacy of MDMA, psilocybin, and ketamine for treating PTSD and other severe conditions, demonstrating a legislative interest in exploring therapeutic potentials of these substances.
This legislative trajectory shows a growing interest and gradual shift towards more lenient and medically-oriented approaches to psychedelics in Missouri, reflecting broader national and global trends. Each bill and proposal contributes to a nuanced framework that could potentially redefine the use of psychedelic substances in therapeutic settings.
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- Adult Use
- Medical
- Limited Medical
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