DHSS releases new rule drafts for Missouri dispensaries

Today the Missouri Department of Health and Senior Services Section for Medical Marijuana Regulation released new draft rules or proposed rule amendments for licensed medical marijuana dispensary operations in Missouri.

The drafts update the language of 19 CSR 30-95.080 Dispensary Facilities. Public feedback will be accepted until 11-18-2021.

Included in the updates are language that allows for the sale of clones of marijuana plants under 8” tall, a new requirement for a warning label at points of sale, and updated language regarding drive-through lanes at dispensary facilities.

Other key clarifications include changes to the policy on advertising for dispensaries and the addition of the term “telehealth” in wording restricting on-site certifications. Finally, the draft includes a new rule which would restrict dispensaries from selling any product that contains cannabinoids created through chemical conversion of other compounds.

While this doesn’t directly impact the legality of Delta-8 or Delta-10 products in Missouri as a whole, it will change the product offerings for some Missouri dispensaries that have been carrying those products.

The rules for sales of a clone are detailed and could present a hurdle for some dispensaries and patients – but the ability to procure clones at all is a step forward for Missouri patients and the future of patient cultivation.

• Dispensary facilities shall receive an order and payment from a customer prior to arranging for delivery of the plant from the cultivation facility to the dispensary.  (The dispensary may not hold any particular plant for more than forty-eight hours)

• The dispensary will schedule a time for the customer to pick up the order within the forty-eight (48) hour timeframe it is permitted to hold the plant
• When the dispensary accepts delivery of a plant from a cultivation facility, it must store the plant, with the customer’s name and license number, in its vault
• If a customer does not pick up the order, the dispensary must dispose of the plant upon expiration of the forty-eight (48) hours and record the disposal and method of disposal in the statewide track and track system
• In a twelve month period, no more than six (6) plants less than eight (8) inches tall may be sold to a particular patient. 
• Any plant a dispensary acquires to sell to a customer must pass all necessary testing as a final medical marijuana product prior to the dispensary taking possession of the plant. 

The new language would seemingly allow for dispensaries to advertise products and promotions provided that they are accompanied by a disclaimer, similar to what you see in advertisements for attorneys. It also allows for more opportunities for patients to learn about the products, as vendors, consultants, and dispensaries had been stuck in limbo regarding what was or was not a promotional event as it related to education and community activities.

“Dispensary facilities shall not advertise discounts on medical marijuana or promote particular medical marijuana products or brands outside the physical licensed premises unless that advertisement or promotion includes the following statement: “Medical decisions should not be made based on advertising. Consult a physician on the benefits and risks of particular medical marijuana products.” 

Advertisements on the licensed premises must also comply with 19 CSR 30-95.040(4)(M). 

The industry’s overall response has been positive, “We appreciate DHSS’ willingness to listen to Missouri’s hundreds of licensed medical cannabis business operators – and most importantly, the more than 152,000 patients and caregivers who were harmed by the former rule. Because Missouri’s medical cannabis program has so many product and location options, it is absolutely essential that patients have accurate, timely information and education that allows them to make good health decisions, and that’s exactly what this rule rewrite will allow them to do. Robust patient education is crucial to the program’s continued success and we are thankful DHSS recognized and acted on patients’ behalf. The program is stronger today for that responsiveness,” said Andrew Mullins, MoCannTrade Executive Director.

The draft proposes to remove the original language which states “Dispensary facilities shall not disburse medical marijuana as part of a promotional event. If a facility disburses medical marijuana free of charge for any other reason, the facility shall record that disbursement of product in its seed-to-sale system with all relevant entries, including the qualifying patient or primary caregiver information and the amount of medical marijuana disbursed to that qualifying patient or primary caregiver.”

Read the full document below. Bolded language is added, bracketed language is removed.