Missouri Real Estate Lawyer

Article XVI of Missouri’s Constitution authorizes using medical marijuana in Missouri. However, before qualifying patients can start using medical marijuana in Missouri, Missouri’s Department of Health and Senior Services (department) must first adopt certain regulations, which should be in place by mid 2019.

Article XVI includes certain restrictions on using medical marijuana in Missouri. Violations of those restrictions can result in fines and imprisonment. Department regulations will further define the scope of those restrictions and penalties. As such, before using medical marijuana in Missouri, qualifying patients must be fully aware of the restrictions and penalties imposed by both Article XVI and by the regulations yet to be adopted by the department.

Limits on Using Medical Marijuana in Missouri

Article XVI provides that the department may limit the amount of marijuana that a qualifying patient will be permitted to purchase in a thirty day period. However, such limit may not be less than four ounces of dried, unprocessed marijuana, or its equivalent. Conversely, a qualifying patient may purchase more than the legal limit if two independent physicians certify in writing that there are “compelling reasons why the Qualifying Patient needs a greater amount”.

Additionally, Article XVI provides that the department “may set limits on the amount of marijuana that may be possessed by or on behalf of each qualifying patient, provided the limit is not less than a sixty day supply of dried, unprocessed marijuana, or its equivalent.” Qualifying patients who are permitted to grow their own plants are allowed under Article XVI to “possess up to a ninety day supply, as long as the supply remains on property under their control.” However, a qualifying patient may possess a greater amount of marijuana to the extent two independent physicians certify in writing that there are compelling reasons for the qualified patient to possess a greater amount. Qualifying patients not so certified and possessing up to twice the legal limit will be subject to a penalty that is yet to be determined by the department and loss of their identification card for up to one year. Such patients who purposefully possess marijuana in an amount that exceeds twice the legal limit will be subject to up to one year in prison and a fine of up to $2,000.00.

Further, no qualifying patient may consume marijuana in a public place. Violators will be subject to penalties generally provided under Missouri law. Also, no qualifying patient may use any “dangerous materials or combustible gases in extracting resins from marijuana without possessing a “Medical Marijuana-Infused Products Manufacturing Facility” license. Qualifying patients violating this restriction will be subject to a penalty that is yet to be determined by the department and loss of the qualifying patient’s identification card for up to one year.

Limits on Growing Your Own

Qualifying patients permitted to grow their own marijuana plants may do so only in a “locked facility that is equipped with security devices that permit assess only by the Qualifying Patient or by such patient’s Primary caregiver.” However, Article XVI allows two qualifying patients to buddy up and share one enclosed locked facility, in which they can together grow up to 12 marijuana plants. Although it’s not clear, Article XVI seems to permit two primary caregivers who are authorized to grow marijuana plants to likewise team up and grow up to 12 marijuana plants in a single facility. Finally, Article XVI permits a primary caregiver authorized to grow marijuana plants on behalf of a qualifying patient and on behalf of the primary caregiver to join another qualifying patient, presumably not the one for whom the primary caregiver is permitted to grow, in growing plants in a single facility, which can include up to 18 plants, presumably 12 by the primary caregiver and 6 by the unrelated qualifying patient. Forthcoming regulations should clarify these permitted combinations.

Article XVI provides no additional details on the required features of such facilities or how they are to be constructed. Article XVI requires the marijuana plants to be grown on property controlled by the qualifying patient, or by the primary caregiver, but the article does not define control. Presumably the department might provide further specifications on the design, location, and construction of such facilities and further define control and the required security devices.

Use by Minors

As for minors in need of medical marijuana, Article XVI provides that a physician may issue a certification for a person under the age of 18 only if the physician first receives written consent from the parent or guardian of the minor person. The qualifying patient identification card shall be issued to one of the parents or to the guardian of the minor person. Only such parent or guardian may purchase or possess medical marijuana for the minor, and such parent or guardian must supervise the minor in using medical marijuana in Missouri. Presumably, such parent or guardian will be subject to the penalties described in this article and those yet to be enacted by the department. Finally, only a parent or guardian may be a a primary caregiver of a minor.

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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