Missouri Code of State Regulations
Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES
Division 100 - Division of Cannabis Regulation
Chapter 1 - Marijuana
Section 19 CSR 100-1.020 - Generally Applicable Provisions
Universal Citation: 19 MO Code of State Regs 100-1.020
Current through Register Vol. 49, No. 18, September 16, 2024
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 applies to all individuals and entities regulated under Article XIV and explains what general provisions are necessary for the enforcement of the Article.
(1) Variances and waivers.
(A) The department may waive or vary from, at
its discretion and for good cause, provisions of this chapter, on its own
initiative or by request.
(B)
Requests for a waiver or variance from the requirements of any provision of
this chapter shall be made in writing. Requests shall include-
1. An administrative and processing fee of
one hundred dollars ($100);
2. A
list of each requirement and specific rule for which a variance or waiver is
requested;
3. A detailed
explanation for why the applicant, ID card holder, or licensee believes there
is good cause to vary from or waive the requirement; and
4. For a variance, a description of an
adequate alternative the entity will implement in lieu of the rule
requirement.
(C) No
waiver or variance request is approved unless the department issues a written
approval.
(2) Limitations on facility licenses.
(A) The department will
restrict the aggregate number of medical and comprehensive licenses combined,
as authorized by Article XIV, section
1.3(15-17). 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.
(B) The department will restrict the
aggregate number of microbusiness licenses granted in each congressional
district to eighteen (18), by granting six (6) in each of the three (3) rounds,
as authorized by Article XIV, section
2.4(13).
(C) 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 Article XIV, section
1.3(15-17).
(3) In addition to other penalties specifically delineated in this chapter, the department may impose penalties on facility licenses and certifications as follows:
(A) Licenses and certifications found in
violation of any rule in this chapter or provision in Article XIV may be
subject to sanctions, including but not limited to any of the following:
1. Limitation or restriction on a license or
certification;
2. Fines up to an
amount equal to the average daily gross receipts of the previous calendar month
of the facility;
3. Revocation,
suspension, or nonrenewal of a license or certification; and/or
4. Orders to immediately cease or suspend
operations;
(B) Fines may
be assessed for each day a licensee is in violation. Assessment of a fine does
not bar additional penalties or further investigation;
(C) A license shall be revoked if, after
issuance, the department determines the applicant provided false or misleading
information in the application;
(D)
A licensee may be subject to the penalties in (3)(A) if the licensee provides
false or misleading information to the department at any time after a license
is issued;
(E) A licensee that
organizes an event may be subject to the penalties in (3)(A) for any violations
of 19 CSR 100-1 that occur at that event;
(F) The department may impose any other
remedies not inconsistent with these rules or Article XIV; and
(G) Prior to revoking or suspending a
facility license, the department shall issue a notice to the designated contact
for the licensee by sending such notice to the email address provided by the
designated contact for the licensee. The notice shall list the basis for a
pending revocation or suspension. Except where there is a credible and imminent
threat to public safety, the revocation or suspension will not take effect
until thirty (30) days from the date the notice is sent. During the thirty (30)
day period, the licensee will have the opportunity to cure the deficiencies
listed in the notice and/or respond to the allegations and submit records or
information demonstrating why the license should not be revoked or suspended.
1. If there is a credible and imminent threat
to public safety, the department may order the licensed facility to immediately
suspend all or part of the operations, including placing an administrative hold
on marijuana product, until the threat has been eliminated. An imminent threat
to public safety includes, but is not limited to:
A. A dangerous condition at the facility that
is likely to harm employees or the public;
B. A credible report, such as from law
enforcement, that diversion or inversion of marijuana product is occurring at
the licensed facility;
C. A credible
report that a facility's practices are permitting marijuana product to enter
the regulated market without being compliantly
tested.
(4) Appeals.
(A) An applicant, licensee, or identification
card holder may seek review of the following department decisions at the
administrative hearing commission:
1. Denial
of a facility license or certification;
2. Any penalties imposed by the department;
and
3. Denial or revocation of
patient, primary caregiver, patient cultivation, caregiver cultivation,
consumer cultivation, or facility agent identification cards.
(B) Any person or entity entitled
to a review under this rule must file a petition with the administrative
hearing commission within thirty (30) days after the date the department
decision is sent to the person or entity. An untimely appeal will not be
considered.
(C) Notwithstanding the
limits on licenses and certifications set forth in this rule, the department
may grant additional facility licenses or certifications as a remedy to timely
appeals when-
1. Ordered to do so by the
administrative hearing commission or a court of competent jurisdiction;
or
2. The department determines
doing so in settlement of such an appeal best serves implementation of Article
XIV.
(5) Marijuana records.
(A) Qualifying patient and
primary caregiver information and proprietary business information maintained
by the department shall not be released outside the department except for
purposes authorized by federal law or Article XIV, including-
1. In response to a request by law
enforcement officials seeking verification that a person who presented an
identification card is lawfully in possession of such card and is lawfully in
possession of a particular amount of marijuana product;
2. In response to a request by law
enforcement officials seeking information during the process of requesting a
search or arrest warrant relating to cultivation of marijuana plants;
3. For the purposes of a dispensary verifying
whether a particular person may purchase an amount of marijuana product;
and
4. In response to a valid grand
jury, judicial, or law enforcement subpoena.
(6) Licensees, cardholders, and applicants 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. Licensees, cardholders, and applicants are deemed to have received all communications and notifications from the department on the date the department sends an email to the to the email address of the designated contact for the licensee, cardholder, or applicant.
(7) Unless otherwise stated, any reference to days in this chapter will mean calendar days. In computing any period of time prescribed or allowed by the department in this chapter, the designated period of time begins to run the day after the relevant act or event.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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