Current through Register Vol. 49, No. 6, March 15, 2024
(1) A licensed
cultivation and production facility shall have only one (1) processing and
manufacturing facility at the location(s) authorized under the license.
(2) Land or premises specified in
the application process for a cultivation and production facility license shall
not be located within two thousand feet (2,000') of the property line of a
pre-existing public or private preschool, elementary school, middle (junior
high) school, high school, daycare facility, home day care, or an area zoned
for residential use.
(3) Upon the
department's approval and licensure, the cultivation and production facility
must notify local law enforcement agencies of their hemp cultivation and
production plans, construction, and operations.
(4) The licensee is responsible for actions
of its board members, officers, managers, and employees, which violate the act
or any regulations issued thereunder.
(5) If a licensed facility ceases cultivation
and production of hemp and hemp extract, the issued license shall be
surrendered to the department within thirty (30) days of ceasing
operations.
(6) If in the judgment
of the director the facility has ceased production and is not expected to
resume, the issued license shall be surrendered to the department within thirty
(30) days.
(7) A license may be
suspended or revoked in the event the facility no longer meets the conditions
and requirements of the license.
(8) Any grower whose license is surrendered,
revoked, or not renewed shall dispose of its entire inventory of hemp and hemp
extract under the requirements of
2 CSR
70-14.140.
(9) The licensee shall notify the department
within ten (10) working days of any of the following:
(A) Any board member, officer, or employee's
conviction of violations of state or federal controlled substance laws;
and
(B) The termination,
resignation, appointment, or hiring of any board member, officer, cultivation
and production facility manager, cannabidiol oil care center manager, or other
employee, including unpaid volunteers.
1. The
following information shall be provided to the department for each new hire,
volunteer, or appointee:
A. Individual's
complete name, including any nicknames or aliases used;
B. Date of birth;
C. Social Security number; and
D. Results of the Missouri Highway Patrol
fingerprint-based state and federal criminal background check through the
Missouri Automated Criminal History Site (MACHS).
(10) The licensee,
employees, and volunteers shall not-
(A)
Violate local zoning rules;
(B)
Employ anyone younger than eighteen (18) years;
(C) Make any false, misleading, or fraudulent
statement or claim on any application, form or supporting documentation
submitted to the director concerning licensing pursuant to section
261.265,
RSMo or any regulations issued thereunder;
(D) Make any false or misleading statement
specifying or inferring that a person, hemp or hemp extract are recommended by
any branch of the state or federal government for the treatment of intractable
epilepsy;
(E) Grow, cultivate,
process and possess hemp or hemp extract in any place except in those areas
designated by the license;
(F)
Distribute any hemp or hemp extract from any place except its licensed
cultivation and production facility and cannabidiol oil care center(s) located
in Missouri;
(G) Distribute to any
person any hemp, hemp extract, or hemp waste which is adulterated and/or
misbranded;
(H) Distribute hemp
extract to any individual unless the individual is a Missouri resident and
holds a valid hemp extract registration card issued by the Missouri Department
of Health and Senior Services;
(I)
Produce, manufacture, or distribute any hemp or hemp extract for export and use
outside of Missouri;
(J) Distribute
any hemp or hemp extract to any person except to its cannabidiol oil care
center(s), to a laboratory approved by the department, and to institutions of
higher learning for research purposes;
(K) Accept and distribute any returned hemp
extract unless it is as a result of a department approved recall;
(L) Allow any person except for a registrant
with a valid hemp extract registration card to open or break the seal placed on
a packaged and labeled container of hemp extract;
(M) Allow any products, materials, or items
to be sold at the cannabidiol oil care center except for hemp extract and other
items which would normally aide in administering hemp extract;
(N) Allow any examination of a patient to be
conducted at the licensed facility for purposes of diagnosing intractable
epilepsy;
(O) Allow any physician
who serves as a board member or officer of the non-profit entity or as an
employee of the cultivation and production facility or cannabidiol oil care
center(s) to determine intractable epilepsy for the purpose of the act or any
regulation issued thereunder;
(P)
Take from the licensed facility or cannabidiol oil care center or possess any
hemp, hemp extract, hemp waste unless the individual's possession is for
operational purposes in accordance with Missouri law;
(Q) Use any pesticide in the cultivation and
production of hemp unless the pesticide is registered by the U.S. Environmental
Protection Agency and the Missouri Department of Agriculture and labeled for
use on hemp with specific directions for use and tolerances established by the
U.S. Environmental Protection Agency;
(R) Make any false or misleading statements
during the course of an inspection or investigation into the cultivation,
production, or distribution of hemp, hemp extract, or hemp waste;
(S) Violate a stop sale, use, or removal
order issued by the director; or
(T) Violate any provision of sections
261.265,
RSMo or any regulation issued thereunder.
