Current through Register Vol. 49, No. 18, September 16, 2024
(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; and
B. A comprehensive
or microbusiness dispensary licensee may sell or distribute to individuals who
are consumers, qualifying patients, or primary caregivers; and
7. 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; and
2. 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; and
C. Be covered at all times by video camera
monitoring and recording that meets the standards described in this chapter;
and
5. 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; and
2. 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; and
F. 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; and
E. 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;
and
E. 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; and
4. 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.