Missouri’s Medical Marijuana Law
On November 6, 2018, sixty-six percent of Missouri voters approved Amendment 2, legalizing the production and use of medical marijuana in Missouri. Amendment 2 amends the Missouri Constitution by adding Article XVI, which became effective on December 6, 2018. However, no one may grow, distribute, sell, or use medical marijuana until Missouri’s Department of Health and Senior Services (department) has enacted regulations, which are supposed to be in place by the summer of 2019. Some of the restrictions on using medical marijuana in Missouri are already provided in Article XVI.
Medical Marijuana Timeline
Under Article XVI, by June 4, 2019, the department must make available to the public license application forms, and instructions, for the cultivation, testing, manufacturing, dispensing, and use of medical marijuana. By July 4, 2019, the department must begin accepting applications for the use of medical marijuana, and by August 3, 2019, it must begin accepting facility licensing applications. The department then has until December 31, 2019, to approve the facilities applications properly submitted to the department on August 3, 2019. This means that the first cultivation facilities will likely not begin construction until 2020.
Qualifying Patients
However, Article XVI permits qualifying patients to grow up to six marijuana plants at home. Alternatively, Article XVI permits a “primary caregiver” of a qualifying patient to grow up to six plants for the exclusive use of the qualifying patient. Each primary caregiver is limited to growing six marijuana plants on behalf of three qualifying patients. A Missouri citizen qualifies as a “qualifying patient” if a person licensed by the State of Missouri to practice medicine or osteopathy issues a “physician certification”, certifying that the citizen suffers from a “qualifying medical condition”. Article XVI defines a qualifying medical condition as “the condition of, symptoms related to, or side-effects from the treatment of:
Cancer;
Epilepsy;
Glaucoma;
Intractable migraines unresponsive to other treatment;
A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including but not limited to those associated with multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome;
Debilitating psychiatric disorders, including but not limited to, post-traumatic stress disorder, if diagnosed by a state licensed psychiatrist;
Human immunodeficiency virus or acquired immune deficiency syndrome;
A chronic medical condition that is normally treated with a prescription medication that could lead to a physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication;
Any terminal illness; or
In the professional judgment of a physician, any other chronic, debilitating or other medical condition, including but not limited to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia, and wasting syndrome.”
Qualifying Patient Identification Card
After obtaining a physician certification, the patient may apply with the department for either a qualifying patient identification card or a qualifying patient cultivation identification card. The application must include a copy of the physician certification, which may not be dated more than thirty days from the date of submission of the application. The department will charge a fee of $25.00 per card. The fee will increase or decrease each year based on the change in the Consumer Price Index. The card will be effective for twelve months, and it may be renewed every twelve months thereafter by submitting to the department a renewal application along with a new physician certification and payment of the annual application fee.
As stated, the department is required under Article XVI to begin accepting applications for patient and caregiver cards no later than July 4, 2019. Article XVI requires the department, within thirty days of submission of the application, to either issue an identification card or provide a written explanation as to why the department denied the application. If the department fails within the thirty days to either issue a card or to provide an explanation for its denial, then the physician certification will serve as the patient’s identification card, or cultivation identification card.
Although the procedure for obtaining a primary caregiver cultivation identification card appears to be similar to obtaining a qualifying patient cultivation identification card, Article XVI does not provide much detail on the process required to obtain a caregiver card. As such, the regulations and instructions yet to be enacted by the department will likely provide additional requirements for obtaining a primary caregiver identification card.
Appealing the Denial of a License or Identification Card
The denial of an application for an identification card or license is appealable to Missouri’s Administrative Hearing Commission. A decision by the commission to uphold the department’s denial can likewise be appealed to a Missouri state circuit court for review, the decision of which can also be appealed.
Growing Your Own
Qualifying Missouri citizens who apply in July of 2019, for a qualifying patient cultivation identification card, or a primary caregiver identification cultivation card, should receive their cards in August of 2019. Such persons, including those who apply in July but receive no card or written denial within thirty days, will, presumably, then be permitted to begin growing their own medical marijuana. Unstated in Article XVI is how home growers may obtain starter plants or seeds. Under Article XVI, Missouri citizens may purchase medical marijuana that is only legally cultivated in this state and that is legally sold through a department licensed dispensary. Presumably, department regulations will permit qualified patients and primary caregivers to purchase starter plants and seeds only from a licensed dispensary.
The dispensaries will likely not be up and running for quite some time, though. As such, qualifying patients and primary caregivers who are blessed by the department to cultivate their own plants might be without the means to grow the plants until long after being authorized to grow.
This article is for general informational purposes only, and it is not intended as legal advice. Sewell Law provides professional litigation services before the Missouri Administrative Hearing Commission; in local, state, and federal courts; and in arbitration and mediation. Please contact Michael Sewell at (314) 942-3232 or at michael@sewelllaw.net to discuss your legal matter.
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