Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule establishes the application
process for a hemp extract registration card.
(1) Definitions. For the purposes of this
rule, the following definitions apply:
(A)
"Applicant," a Missouri resident eighteen (18) years of age or older with
intractable epilepsy or a Missouri resident eighteen (18) years of age or older
who is the parent or legal guardian responsible for the medical care of a minor
with intractable epilepsy, who is applying for a hemp extract registration card
under this rule;
(B) "Department,"
the Department of Health and Senior Services;
(C) "Hemp extract," an extract from a
cannabis plant or a mixture or preparation containing cannabis plant material
that-
1. Is composed of no more than three
tenths percent (0.3%) tetrahydrocannabinol by weight;
2. Is composed of at least five percent (5%)
cannabidiol by weight; and
3.
Contains no other psychoactive substance.
(D) "Hemp extract registration card," a card
issued by the department under section
192.945,
RSMo;
(E) "Intractable epilepsy,"
epilepsy that as determined by a neurologist does not respond to three (3) or
more treatment options overseen by the neurologist;
(F) "Neurologist," a physician who is
licensed under Chapter 334, RSMo, and board certified in neurology;
(G) "Parent," a parent or legal guardian of a
minor who is responsible for the minor's medical care;
(H) "Registrant," an individual to whom the
department issues a hemp extract registration card under section
192.945,
RSMo.
(2) Requirements
for All Applicants.
(A) No person shall engage
in any activity for which registration is required until the application for
registration has been processed and the hemp extract registration card has been
issued.
(B) Applications for
registration and renewal shall be made on forms designated by the
department.
(C) Applications shall
contain the original signature of the applicant and shall be provided to the
department.
(D) An application
which does not contain or is not accompanied by the required information may be
denied sixty (60) days after notifying the applicant of the
deficiency.
(E) An application may
be withdrawn by making a written request to the department.
(F) All applicants shall provide full, true,
and complete answers on the application.
(3) Applications for Individual
Registrations. Missouri residents eighteen (18) years of age or older who
suffer from intractable epilepsy may apply for a hemp extract registration
card. The application shall be made by completing the Missouri Hemp Extract
Registration Card Application incorporated by reference in this rule as
published by the department in October 2014 and available on the department's
website at health.mo.gov or by contacting the department at PO Box 570,
Jefferson City, MO 65102-0570. This rule does not incorporate any subsequent
amendments or additions. A complete application shall also include:
(A) A copy of the applicant's valid photo
identification; and
(B) A completed
Missouri Hemp Extract Registration Card Neurologist Certification form as
published by the department in October 2014 and available on the department's
website at health.mo.gov or by contacting the department at PO Box 570,
Jefferson City, MO 65102-0570. This rule does not incorporate any subsequent
amendments or additions. The certification shall be consistent with a record
from the neurologist attached to the Hemp Extract Card Registration
Application.
(4)
Applications by Parents or Legal Guardians of Minors. A Missouri resident
eighteen (18) years of age or older who is the parent or legal guardian who is
responsible for the medical care of a minor with intractable epilepsy may apply
for a hemp extract registration card. The application shall be made by
completing the Missouri Hemp Extract Registration Card Application incorporated
by reference in this rule as published by the department in October 2014 and
available on the department's website at health.mo.gov or by contacting the
department at PO Box 570, Jefferson City, MO 65102-0570. This rule does not
incorporate any subsequent amendments or additions. A complete application
shall also include:
(A) A copy of the
parent's or legal guardian's valid photo identification; and
(B) A completed Missouri Hemp Extract
Registration Card Neurologist Certification form as published by the department
in October 2014 and available on the department's website at health.mo.gov or
by contacting the department at PO Box 570, Jefferson City, MO 65102-0570. This
rule does not incorporate any subsequent amendments or additions. The
certification shall be consistent with a record from the neurologist attached
to the Hemp Extract Card Registration Application.
(5) Hemp extract registrants may possess up
to twenty (20) ounces of hemp extract. A registrant or applicant may request a
waiver to the twenty (20) ounce limit by submitting a completed Missouri Hemp
Extract Registration Card Certification for Waiver form as published by the
department in October 2014 and available on the department's website at
health.mo.gov or by contacting the department at PO Box 570, Jefferson City, MO
65102-0570. This rule does not incorporate any subsequent amendments or
additions.
(6) Registrants shall-
(A) Show their hemp extract registration card
to the dispensing facility in order to obtain hemp extract, and allow the
facility to make a photocopy of it; and
(B) Provide their hemp extract registration
card to law enforce- ment upon request.
(7) Registrants shall not sell or otherwise
transfer hemp extract or a hemp extract registration card to others except as
authorized by law.
(8) Renewals.
Registration cards shall be valid for one (1) year from the date of issuance
and may be renewed if the registrant meets the requirements in this rule for an
initial registration. A waiver issued pursuant to this rule is valid through
the end of the registration period during which it was issued.
(9) Registration Card. The hemp extract
registration card issued by the department shall contain the following
information at minimum:
(A) The registration
number;
(B) The registration
expiration date;
(C) The
registrant's name, date of birth, address, telephone number, and email
address;
(D) The minor's name and
date of birth if the registrant is the parent or legal guardian responsible for
the medical care of the minor with intractable epilepsy;
(E) If applicable, indication that the
registrant has a waiver under section 195.207.4, RSMo, allowing possession of
more than twenty (20) ounces of hemp extract;
(F) This statement: This card shall not be
transferred or altered; and
(G)
This statement: This card certifies that the registrant has complied with the
requirements for obtaining a hemp extract registration card under section
192.945,
RSMo, and if noted on this card, the requirements for obtaining a waiver under
section 195.207.4, RSMo. This card does not certify that the registrant is in
compliance with any other laws and does not authorize the registrant to violate
any laws.
(10) The
department may deny or revoke a hemp extract registration card if-
(A) The applicant or registrant does not
comply with section
192.945,
RSMo, or this rule;
(B) The
applicant or registrant supplies false or fraudulent information or
documentation to the department;
(C) The applicant or registrant fails to
notify the department within thirty (30) days of any change in legal name or
address of the applicant, registrant, or patient;
(D) The applicant or registrant fails to
notify the department within thirty (30) days that the applicant, registrant,
or patient no longer meets the requirements for obtaining or holding a hemp
extract registration card; or
(E)
The registrant or another has altered the hemp extract registration
card.
