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 100-1.070 - Facility Ownership and Employment
Universal Citation: 19 MO Code of State Regs 100-1.070
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 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; and
4. 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; or
11. 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.
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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