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 100-1.190 - Microbusinesses
Universal Citation: 19 MO Code of State Regs 100-1.190
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: Under Article XIV, Section 2, of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control marijuana microbusiness facilities and licensees. This rule explains what regulations apply only to microbusiness facilities and licensees.
(1) Microbusiness facilities, generally.
(A)
Entities must obtain a license to cultivate, manufacture, and dispense
marijuana product in Missouri as a marijuana microbusiness. Application
requirements are outlined in the application section of this chapter.
1. An entity may apply for and obtain only
one (1) license to operate a microbusiness facility, which may be either a
microbusiness dispensary facility or a microbusiness wholesale facility. If an
entity, which includes an individual, holds an ownership interest in more than
one microbusiness license applicant in the same microbusiness application
period, all microbusiness applications where the entity holds an ownership
interest will be denied.
2. An
entity may be an owner of only one (1) license to operate a microbusiness
facility, which may be either a microbusiness dispensary facility or a
microbusiness wholesale facility.
(B) Applicants for a microbusiness license
shall be majority owned and operated by individuals who each meet at least one
(1) of the following qualifications:
1. Have a
net worth of less than two hundred fifty thousand dollars ($250,000) and have
had an income below two hundred fifty percent (250%) of the federal poverty
level, or a successor level, as set forth in the applicable calendar year's
federal poverty income guidelines published by the U.S. Department of Health
and Human Services or its successor agency, for at least three (3) of the ten
(10) calendar years prior to applying for a microbusiness license;
2. Have a valid service-connected disability
card issued by the United States Department of Veterans Affairs, or successor
agency;
3. Be a person who has
been, or a person whose parent, guardian, or spouse has been arrested for,
prosecuted for, or convicted of a non-violent marijuana offense at least one
(1) year prior to the effective date of this section, unless the conviction-
A. Involved provision of marijuana to a
minor; or
B. Was for driving under
the influence of marijuana;
4. Reside in a ZIP code or census tract area
where-
A. Thirty percent (30%) or more of the
population lives below the federal poverty level;
B. The rate of unemployment is fifty percent
(50%) higher than the state average rate of unemployment; or
C. The historic rate of incarceration for
marijuana-related offenses is fifty percent (50%) higher than the rate for the
entire state; or
5.
Graduated from a school district that was unaccredited, or had a similar
successor designation, at the time of graduation, or has lived in a ZIP code
containing an unaccredited school district, or similar successor designation,
for three (3) of the past five (5) years.
(C) Once an individual owner of a licensed
microbusiness facility is deemed eligible for qualifying majority ownership
under this rule, subsequent change in circumstances will not affect
eligibility. An owner may subsequently be deemed ineligible if the owner
provided false or misleading information or is in violation of other provisions
in this chapter affecting owner status.
(D) An owner of a microbusiness facility may
not also be an owner of another licensed marijuana or medical facility, except-
1. A microbusiness licensee may apply for
other medical or marijuana facility licenses during an application time period.
A. Prior to submitting an application, the
microbusiness licensee must notify the department of its status as a
microbusiness licensee and notify the department if the licensee is claiming to
be in operation for at least a year for purposes of selecting comprehensive
licenses in Article XIV Section
2.4(3).
B. If the microbusiness licensee is granted
one (1) or more of these licenses, the microbusiness licensee shall transition
the existing microbusiness facility to a medical or comprehensive facility on a
reasonably practical timetable established by the department, and surrender its
microbusiness license.
2.
An owner of a microbusiness license who wishes to become an owner in a
marijuana or medical license, must relinquish their owner status by
relinquishing at least the amount of ownership interest in the microbusiness
license that places their ownership interest at or above ten percent (10%),
prior to or at the time of department approval of the ownership
change.
(E) Microbusiness
facilities and licensees must comply with all applicable sections within this
chapter.
(2) Microbusiness dispensary licensees, generally.
(A) A microbusiness dispensary facility is
licensed to engage in the process of dispensing marijuana product for medical
or adult use, in compliance with the dispensary facility rule in this chapter.
A microbusiness dispensary licensee may choose to do all or only a subset of
the activities authorized under its license.
(B) Microbusiness dispensary licensees shall
only acquire marijuana product from a microbusiness wholesale facility or
another microbusiness dispensary facility.
(3) Microbusiness wholesale licensees, generally.
(A) A microbusiness wholesale
facility is licensed to engage in the process of cultivating and manufacturing
marijuana product for medical or adult use, in compliance with the cultivation
facility and manufacturing facility rules in this chapter. A microbusiness
wholesale licensee may choose to do all or only a subset of the activities
authorized under its license.
(B) A
microbusiness wholesale licensee may only transfer its products to a testing
facility, transportation facility, microbusiness dispensary facility, or to
another microbusiness wholesale facility.
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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