Proposes a constitutional amendment relating to products derived from cannabis plants

SECOND REGULAR SESSION
HOUSE JOINT
RESOLUTION NO. 106
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE OVERCAST .
4263H.01I JOSEPH ENGLER, Chief Clerk
JOINT RESOLUTION
Submitting to the qualified voters of Missouri an amendment repealing Sections 1 and 2 of
Article XIV of the Constitution of Missouri, and adopting eighteen new sections in
lieu thereof relating to products derived from cannabis plants.
Be it r esolved by the House of Repr esentatives, the Senate concurring ther ein:
That at the next general election to be held in the state of Missouri, on T uesday next
2 following the first Monday in November , 2026, or at a special election to be called by the
3 governor for that purpose, there is hereby submitted to the qualified voters of this state, for
4 adoption or rejection, the following amendment to Article XIV of the Constitution of the state
5 of Missouri:
Section A. Sections 1 and 2, Article XIV , Constitution of Missouri, are repealed and
2 eighteen new sections adopted in lieu thereof, to be known as Sections 3, 4, 5, 6, 7, 8, 9, 10,
3 1 1, 12, 13, 14, 15, 16, 17, 18, 19, and 20, to read as follows:
Section 3. As used in this article, the following terms mean:
2 (1) "Adult-use consumer", any person twenty-one years of age or older;
3 (2) "Departments", the department of health and senior services and the
4 department of public safety;
5 (3) "Hemp", the plant Cannabis sativa L. and any part of that plant, including
6 the seeds ther eof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and
7 salts of isomers, whether growi ng or not, with a delta-9 THC concentration of not mor e
8 than thr ee-tenths of one percen t on a dry-weight basis;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
9 (4) "Marijuana", all parts of the plant Cannabis sativa L., whether growi ng or
10 not; the seeds ther eof; the res in extracted fr om any part of such plant; and every
11 compound, manufactur e, salt, derivative, mixtur e, or prep aration of such plant or its
12 seeds or r esin but shall not include:
13 (a) Hemp; or
14 (b) The matur e stalks of the plant Cannabis sativa L.; fiber produced fro m such
15 stalks; oil or cake made fr om the seeds of such plant; any other compound,
16 manufactur e, salt, derivative, mixtur e, or pr eparation of such matur e stalks (except
17 the res in extracted ther efr om), fiber , oil, or cake; or the sterilized seed of such plant that
18 is incapable of germination;
19 (5) "Medical identification card", a card issued to a qualifying patient or his or
20 her par ent, legal guardian, or primary car egiver that identifies the patient as a patient
21 authorized to use marijuana or hemp for medical purposes;
22 (6) "Medical need", a health condition, illness, injury , or disease that may be
23 tr eated, cure d, or rel ieved by the use of marijuana or hemp;
24 (7) "Primary careg iver", a person twenty-one years of age or older who has a
25 written agre ement with a patient naming such person a primary car egiver for the
26 patient or , if the patient is under eighteen years of age, a written agreement with the
27 minor patient's paren t or legal guardian;
28 (8) "Qualifying minor", a person under eighteen years of age with a
29 r ecommendation or pr escription from a physician or nurse practitioner for
3 0 marijuana or hemp and the consent of a paren t or legal guardian;
31 (9) "Qualifying patient", a person eighteen years of age or older with a medical
32 need or a qualifying minor;
33 (10) "THC", tetrahydrocan nabinol.
Section 4. 1. A qualifying patient may obtain, pur chase, possess, and use
2 marijuana or hemp for medical purposes if a medical identification card for such
3 purposes is issued to the patient or to the appr opriate person acting on behalf of the
4 patient following certification of the qualifying patient's medical need.
5 2. The general assembly shall prov ide by law applicable standards governing the
6 issuance of medical identification cards for patients and primary careg ivers. A
7 certification of medical need or pr escription fr om a physician or nurse practitioner shall
8 constitute sufficient evidence for issuance of a medical identification card. The general
9 assembly may by law allow patients to self-certify their medical need.
10 3. Medical identification cards for qualifying minors shall be issued only to
11 par ents, legal guardians, or primary careg ivers.
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12 4. Qualifying patient and primary careg iver information shall r emain
1 3 confidential and shall be released only for authorized purposes under federal health
14 privacy laws.
15 5. Medical identification cards shall be valid for a minimum of five years, with
16 options for a ten-year or lifetime card. No mandatory r ecertification shall be re quir ed,
17 and qualifying patients may maintain valid cards unless re certification is requ ested by
18 the department of health and senior services for cause.
19 6. Any fees for medical identification cards shall be waived or r educed for
20 veterans and low-income qualifying patients. The card shall indicate the veteran or low-
21 income status of the qualifying patient.
22 7. A patient shall not engage in any activity authorized for qualifying patients
23 under this article unless the patient has a valid medical identification card.
Section 5. 1. No pur chase or possession limits shall be established for marijuana,
2 hemp, THCs, or their derivatives, including seeds, extracts, cannabinoids, isomers,
3 acids, or salts.
4 2. A ret ailer shall not sell any prod uct described in this section unless the
5 pur chaser pr esents:
6 (1) A state or federal government-issued identification card that contains a
7 photograph of the purch aser and confirms the pur chaser's age as twenty-one years of
8 age or older; or
9 (2) A valid medical identification card. If the pur chaser was issued a valid
10 medical identification card but does not have the card curr ently in his or her possession,
11 the r etailer may validate qualifying patient certification with the last four digits of the
12 Social Security Number or birth date. The reta iler shall verify par ental or legal
13 guardian consent for qualifying minors.
Section 6. 1. (1) Primary car egivers may pur chase, transport, administer , or
2 cultivate marijuana or hemp for qualifying patients, including qualifying minors,
3 without criminal or civil liability , subject to the cultivation limits described in this
4 section.
5 (2) Primary car egivers for qualifying minors shall not perform any activity
6 described in this subsection without written par ental or guardian consent and shall
7 supervise administration of marijuana or hemp for a qualifying minor .
8 2. A qualifying patient or his or her primary caregi ver may cultivate up to ten
9 flowering marijuana or hemp plants, ten nonflowering plants over fourteen inches, and
10 ten clones under fourteen inches for personal use of that qualifying patient in an
11 enclosed, locked facility , not res tricted to the patient's resi dence. T wo or mor e
12 qualifying patients may share one enclosed, locked cultivation facility , which may
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13 include separate are as for vegetative and flowering cycles and may include
1 4 nonstationary tents.
15 3. Adult-use consumers without a medical identification card may cultivate
16 under the same limits and re strictions as qualifying patients.
17 4. Primary caregiv ers may serve up to six qualifying patients and, if authorized
18 by the general assembly by law , additional qualifying patients with a fixed plant count
19 set by statute.
20 5. Qualifying patients and adult-use consumers may legally gift or share
21 marijuana or hemp without restriction to other qualifying patients and adult-use
22 consumers. The general assembly shall prov ide by law applicable standards governing
23 home cultivation and allow for the certification of home gro wers to sell or exchange
24 marijuana or hemp to licensed manufactur ers or r etailers, subject to compliance with
25 all regula tions on testing, labeling, and packaging.
26 6. Qualifying patients, primary car egivers, and adult-use consumers may access
27 laboratory testing facilities to voluntarily test home-gr own marijuana or hemp for
28 potency , contaminants, and other analytes.
Section 7. 1. Qualifying patients and adult-use consumers shall not be
2 discriminated against for lawful marijuana or hemp use in any form including, but not
3 limited to, denial of organ transplants, medical car e, insurance, adoption, custody ,
4 visitation rights, or fir earm rights.
5 2. Employers shall not discriminate against qualifying patients or adult-use
6 consumers for lawful off-prem ises, non-working hours use of marijuana or hemp unless
7 the qualifying patient or adult-use consumer is impair ed at work or during work hours
8 or the use is affecting job performance or posing a safety risk.
9 3. Employers may pr ohibit use of marijuana or hemp during work hours or on
10 workplace pr emises.
11 4. No claims for wr ongful discharge or discrimination shall be br ought against
12 employers enforci ng workplace marijuana or hemp policies consistent with the
13 pr ovisions of this article.
Section 8. 1. Possession, use, cultivation, or distribution of marijuana or hemp
2 for personal or medical purposes by qualifying patients, primary caregi vers, or adult-
3 use consumers shall not be a criminal offense, pr ovided valid state or federal
4 identification or , for qualifying patients, a valid medical identification card, is pr esented.
5 2. Lawful marijuana or hemp use shall not:
6 (1) Result in arres t, criminal or civil liability , or sanctions under Missouri law;
7 (2) Be the basis for paro le, pr obation, or supervised rel ease violations; or
8 (3) Justify sear ches without specific evidence of unlawful activity .
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9 3. Individuals on pr obation or par ole with valid medical identification cards ar e
10 pr otected fr om punitive actions for lawful use.
11 4. Marijuana, hemp, and THCs shall not be maintained on any schedule of
12 contr olled substances by the state.
13 5. Lawful marijuana or hemp use by par ents, guardians, or primary car egivers
14 shall not, by itself, constitute child abuse, neglect, unfitness, or endangerment nor be the
15 sole basis for res tricting paren tal rights. Any consideration of marijuana or hemp use
16 as a factor in child welfare cases req uire s clear and convincing evidence of unr easonable
17 danger .
Section 9. 1. Any person convicted of any nonviolent criminal offense rela ted to
2 the possession, sale, or distribution of marijuana or hemp before August 28, 2027, shall
3 have such offenses expunged, excluding offenses involving distribution or delivery to a
4 minor or any offense of operating a motor vehicle while under the influence of
5 marijuana. No state or local government entity shall shar e or use information r egarding
6 such expunged criminal offenses for any purpose under state or local law .
7 2. Any person curr ently incar cerated for an expungeable offense covered in this
8 section as of August 28, 2027, shall enter a r etro active relea se pr ogram, further
9 established by statute, that shall ensur e the release of all marijuana or hemp prisoners
10 with an expungeable offense before January 1, 2030.
Section 10. 1. Physicians and nurse practitioners, or any individual or entity
2 federally authorized to pr escribe control led substances, may reco mmend in writing or
3 pr escribe marijuana or hemp for a patient, including for a qualifying minor with
4 written pare ntal or guardian consent, without facing criminal, civil, or pr ofessional
5 sanctions.
6 2. Physicians and nurse practitioners, excluding those who recomme nd or
7 pr escribe marijuana or hemp, or any pr ofessional licensed by the state may own,
8 operate, or advise licensed marijuana or hemp facilities without penalty .
Section 1 1. 1. Contracts r elated to marijuana or hemp commer ce are
2 enfor ceable under Missouri law .
3 2. Pr operty used for lawful marijuana or hemp activities under this article is not
4 subject to asset forfeiture.
Section 12. 1. The general assembly may by general law pr ohibit:
2 (1) Marijuana or hemp use in jails or correc tional facilities; or
3 (2) Operating vehicles, machinery , or other devices posing public safety risks
4 under the influence of marijuana or hemp. Evidence of impairment is r equir ed for
5 convictions under this subdivision. THC or cannabinoid pr esence by itself is insufficient
6 to support conviction.
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7 2. The general assembly may by law authorize civil penalties of not mor e than
8 ten thousand dollars or criminal penalties no stricter than the penalties established for
9 alcohol for violations of any proh ibitions established in accordance with this section.
Section 13. 1. On or before August 28, 2027, the general assembly shall enact
2 laws to establish unified regu lations for pr oduction, quality control, distribution,
3 transportation, taxation, and sale of consumable marijuana and hemp, with the
4 exception of nonpsychoactive hemp. The regul ations shall:
5 (1) Account for federal laws and re gulations, including classification on federal
6 contr olled substance schedules, and avoid duplicating federal regul atory jurisdiction;
7 and
8 (2) Be similar to but no mor e r estrictive than existing statutory schemes for
9 tobacco or alcohol prod uction and distribution in this state.
10 2. The general assembly shall not impose limits on the number of licenses issued,
11 geographic r estrictions mor e stringent than those for the sale of alcohol or tobacco, or
12 licensing req uirements for individuals or entities that ar e stricter than those for reta il
13 establishments selling tobacco or alcohol.
14 3. The general assembly shall regu late, but not proh ibit, high-potency THC
15 pr oducts and establish ret ail licenses for the sale of high-potency THC prod ucts.
16 4. Batch-tracking systems of any kind in accordance with Curr ent Good
17 Manufacturing Practices shall be allowed, and licensees shall not be limited to using
18 established seed-to-sale tracking services.
19 5. If the laws establishing the reg ulations ar e not in full effect on or before
20 August 28, 2027, cultivation and pr oduction of marijuana or hemp shall be pro tected
21 under the right to farm provi sion in Section 35 of Article I of this constitution, sales of
22 marijuana and hemp shall be permitted in any business without res triction, and
23 possession of any amount of marijuana or hemp for personal use shall be lawful and
24 shall not res ult in any penalty .
Section 14. 1. In the absence of federal regul ation, the general assembly shall
2 designate the department of health and senior services and the department of public
3 safety , or their successors, to oversee r egulations authorized in Section 13 of this article.
4 2. The fees for a ret ail license to sell marijuana or hemp shall not exceed the fees
5 for a r etail license to sell packaged liquor .
6 3. The general assembly may by general law exclude applicants with
7 disqualifying felonies fr om holding a marijuana or hemp business license. A
8 disqualifying felony is a conviction or guilty plea for a violation of state or federal
9 law that is, or would have been, a felony in this state, reg ardless of the sentence imposed,
10 unless:
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11 (1) The conviction was for a marijuana- or hemp-r elated offense;
12 (2) The conviction was for a nonviolent offense; or
13 (3) A period of mor e than five years has passed following the date on which the
14 applicant satisfied all obligations placed on the applicant as part of the sentence for the
15 conviction, including any period of incar ceration and any period of supervised
16 pr obation or par ole.
17 4. The departments shall accept license and certification applications within six
18 months of the effective date of the laws enacted by the general assembly under Section
19 13 of this article and appr ove or deny all applications within ninety days. Failur e of the
20 departments to act within ninety days shall allow applicants to seek equitable reli ef to
21 compel a decision. A pr evailing applicant shall be entitled to r ecover attorney's fees and
22 costs to obtain the equitable reli ef.
23 5. Existing marijuana licensees or hemp prod ucers, manufactur ers, or ret ailers
24 operating as of the effective date of this section of the constitution may continue to
25 operate under their existing licenses and re strictions and shall convert their operations
26 to the new statutory scheme without interfer ence, res triction, or payment on August 28,
27 2027.
28 6. Imported marijuana or hemp shall be fr om an appr oved sour ce in the
29 jurisdiction of origin that maintains testing and tracking standards. Only facilities
30 licensed by the state or authorized under federal r egulations may receiv e imported
31 marijuana or hemp.
Section 15. 1. The laws enacted by the general assembly under Section 13 of this
2 article shall permit unlimited licenses for marijuana and hemp cultivation,
3 manufacturing, or retai l for both on-pr emises or off-prem ises sale and for on-
4 pr emises consumption, with no entity ownership caps or geographic res trictions mor e
5 stringent than those for the ret ail sale of alcohol or tobacco.
6 2. The departments shall r egister independent testing facilities to ensur e pr oduct
7 safety , potency , and accurate labeling for pr oducts manufactur ed in this state. The
8 departments shall accept test res ults for pr oducts manufactur ed by appr oved sources in
9 the jurisdiction of origin. No independent testing facility shall share any ownership with
10 any entities controlli ng or having ownership in other facility types. The department of
11 health and senior services, in the absence of federal regu lation, shall maintain a
12 r efer ence laboratory to verify compliance with the testing regu lations pr omulgated
13 under Section 13 of this article.
14 3. Denials of licenses or medical identification cards shall be appealable to the
15 administrative hearing commission or its successor as pr ovided by general law . Final
16 decisions of the administrative hearing commission shall be subject to judicial rev iew .
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Section 16. 1. The general assembly shall by law establish security , sanitary ,
2 labeling, and packaging standards for marijuana and hemp that ar e equivalent to those
3 for alcohol or tobacco, including a req uirement for tamper -evident containers. All
4 individuals and entities issued a license under this article shall comply with the
5 standards.
6 2. Any facility siting r estrictions on the ret ail sale of marijuana or hemp imposed
7 by a government entity shall not be stricter than the facility siting res trictions imposed
8 by the government entity on the reta il sale of alcohol or tobacco. Local governments
9 may enact ordinances or r egulations governing the time, place, and manner of operation
10 of facilities licensed under this article consistent with the requ irem ents of this section.
Section 17. 1. For the period beginning on the effective date of the laws enacted
2 by the general assembly under Section 13 of this article and ending on the effective date
3 of the laws enacted by the general assembly imposing taxes in accordance with Section
4 18 of this article, a tax shall be levied and imposed upon the reta il sale of marijuana and
5 hemp sold to consumers at licensed marijuana or hemp ret ail facilities. The combined
6 rate of tax imposed under both state and local law shall not exceed eleven percen t of the
7 r etail sales price. No city , county , or other political subdivision shall impose taxes that
8 would res ult in a combined rate of tax higher than eleven percen t during this period.
9 2. The tax shall be collected by each licensed reta il facility and paid to the
10 department of revenu e. After ret aining no mor e than two percen t of the total tax
11 collected or its actual collection costs, whichever is less, amounts generated by the reta il
12 sales tax levied in this section shall be deposited into the community development fund.
13 Licensed entities making nonmedical r etail sales shall be allowed appr oved credi t for
14 r eturns, provi ded the tax was paid on the ret urned item and the pur chaser was given a
15 r efund or credi t. This tax shall not apply to an individual issued a medical identification
16 card.
17 3. This section shall automatically expir e upon the effective date of the laws
18 enacted by the general assembly imposing taxes in accordance with Section 18 of this
19 article.
Section 18. 1. The general assembly shall by law enact a tax rate or schedule for
2 marijuana and hemp to be effective beginning August 28, 2037.
3 2. The tax rate or schedule for marijuana and hemp shall not exceed the tax rate
4 applied to alcohol using a per -dose equivalency model, based on independent scientific
5 standards and public health data, ref lecting psychoactive effects comparable to alcohol.
6 3. Local jurisdictions shall tax marijuana or hemp only to the extent permitted
7 for alcohol using equivalent methods and rates.
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Section 19. 1. Ther e is her eby crea ted in the state trea sury the "Community
2 Development Fund", which shall consist of taxes and fees collected under this article.
3 The state tr easurer shall be custodian of the fund, investing moneys in the fund in the
4 same manner as other funds ar e invested, with interes t and earnings cred ited to the
5 fund. Moneys rem aining in the fund at the end of the biennium shall not revert to the
6 cr edit of the general r evenue fund. The commissioner of administration may make cash
7 operating transfers to the fund to meet the departments' cash r equir ements, with
8 r epayment as prov ided by law . The fund shall be a dedicated fund and distributed as
9 follows:
10 (1) First, as determined by appr opriation, to the departments the amount
11 necessary to enact and maintain regu lations pro mulgated under this article, including
12 r epayment of cash operating transfers, payments to other state or public agencies, and a
13 r eserve fund for a reas onable working cash balance; and
14 (2) Next, the r emaining fund balance shall be distributed as follows:
15 (a) One-third shall be transferr ed to the Missouri veterans' commission and
16 allied state agencies, as determined by appr opriation, exclusively for health care and
17 other services for military veterans and their dependent families;
18 (b) One-third shall stand appr opriated to the departments to pr ovide grants to
19 agencies and nonprof it organizations, whether government or community-based, to
20 incr ease access to evidence-based low-barrier drug addiction trea tment, prioritizing
21 medically pro ven tr eatment, overdose preven tion, and r eversal methods and public or
22 private tr eatment options emphasizing reintegration, overdose prev ention education,
23 job placement, housing, and counseling for those with substance use disorders; and
24 (c) One-third shall stand appr opriated to the Missouri public defender system
25 solely for legal assistance for low-income Missourians.
26 2. All moneys fr om taxes and fees collected under this article shall pro vide new
27 and additional funding for the purposes described in this section and shall not rep lace
28 existing funding.
29 3. All moneys deposited in the Missouri veterans' health and car e fund and the
30 veterans, health, and community r einvestment fund cr eated in Sections 1 and 2 of this
31 article shall be transferred to the community development fund cr eated in this section.
32 The Missouri veterans' health and care fund and the veterans, health, and community
33 r einvestment fund shall be abolished upon the transfer of all moneys in it to the
34 community development fund creat ed in this section.
Section 20. T axpayers shall be allowed to deduct expenses disallowed under
2 federal law (26 U.S.C. Section 280E) for Missouri tax purposes.
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[ Section 1. 1. Purposes.
2 This section is intended to permit state-licensed physicians and nurse
3 practitioners to recommend marijuana for medical purposes to patients with
4 serious illnesses and medical conditions. The section allows patients with
5 qualifying medical conditions the right to discuss freely with their physicians
6 and nurse practitioners the possible benefits of medical marijuana use, the
7 right of their physicians and nurse practitioners to provide professional advice
8 concerning the same, and the right to use medical marijuana for treatment
9 under the supervision of a physician or nurse practitioner .
10 This section is intended to make only those changes to Missouri laws
11 that are necessary to protect patients, their primary caregivers, and their
12 physicians and nurse practitioners from civil and criminal penalties, and to
13 allow for the limited legal production, distribution, sale and purchase of
14 marijuana for medical use. This section is not intended to change current civil
15 and criminal laws governing the use of marijuana for nonmedical purposes.
16 The section does not allow for the public use of marijuana and driving under
17 the influence of marijuana.
18 2. Definitions.
19 (1) "Administer" means the direct application of marijuana to a
20 qualifying patient by way of any of the following methods:
21 (a) Ingestion of capsules, teas, oils, and other marijuana-infused
22 products;
23 (b) V aporization or smoking of dried flowers, buds, plant material,
24 extracts, oils, and other marijuana-infused products;
25 (c) Application of ointments or balms;
26 (d) T ransdermal patches and suppositories;
27 (e) Consuming marijuana-infused food products; or
28 (f) Any other method recommended by a qualifying patient's physician
29 or nurse practitioner .
30 (2) "Church" means a permanent building primarily and regularly used
31 as a place of religious worship.
32 (3) "Daycare" means a child-care facility , as defined by section
33 210.201, RSMo, or successor provisions, that is licensed by the state of
34 Missouri.
35 (4) "Department" means the department of health and senior services,
36 or its successor agency .
37 (5) "Entity" means a natural person, corporation, professional
38 corporation, nonprofit corporation, cooperative corporation, unincorporated
39 association, business trust, limited liability company , general or limited
40 partnership, limited liability partnership, joint venture, or any other legal
41 entity .
42 (6) "Flowering plant" means a marijuana plant from the time it
43 exhibits the first signs of sexual maturity through harvest.
44 (7) "Infused preroll" means a consumable or smokable marijuana
45 product, generally consisting of: (1) a wrap or paper , (2) dried flower , buds,
46 and/or plant material, and (3) a concentrate, oil or other type of marijuana
47 extract, either within or on the surface of the product. Infused prerolls may or
48 may not include a filter or crutch at the base of the product.
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49 (8) "Marijuana" or "marihuana" means Cannabis indica, Cannabis
50 sativa, and Cannabis ruderalis, hybrids of such species, and any other strains
51 commonly understood within the scientific community to constitute marijuana,
52 as well as resin extracted from the marijuana plant and marijuana-infused
53 products. "Marijuana" or "marihuana" do not include industrial hemp, as
54 defined by Missouri statute, or commodities or products manufactured from
55 industrial hemp.
56 (9) "Marijuana-infused products" means products that are infused,
57 dipped, coated, sprayed, or mixed with marijuana or an extract thereof,
58 including, but not limited to, products that are able to be vaporized or smoked,
59 edible products, ingestible products, topical products, suppositories, and
60 infused prerolls.
61 (10) "Medical facility" means any medical marijuana cultivation
62 facility , medical marijuana dispensary facility , or medical marijuana-infused
63 products manufacturing facility , as defined in this section.
64 (1 1) "Medical marijuana cultivation facility" means a facility licensed
65 by the department to acquire, cultivate, process, package, store on site or of f
66 site, transport to or from, and sell marijuana, marijuana seeds, and marijuana
67 vegetative cuttings (also known as clones) to a medical marijuana dispensary
68 facility , medical marijuana testing facility , medical marijuana cultivation
69 facility , or to a medical marijuana-infused products manufacturing facility . A
70 medical marijuana cultivation facility's authority to process marijuana shall
71 include the production and sale of prerolls, but shall not include the
72 manufacture of marijuana-infused products.
73 (12) "Medical marijuana dispensary facility" means a facility licensed
74 by the department to acquire, process, package, store on site or of f site, sell,
75 transport to or from, and deliver marijuana, marijuana seeds, marijuana
76 vegetative cuttings (also known as clones), marijuana-infused products, and
77 drug paraphernalia used to administer marijuana as provided for in this section
78 to a qualifying patient, a primary caregiver , anywhere on the licensed property
79 or to any address as directed by the patient or primary caregiver , so long as the
80 address is a location allowing for the legal possession of marijuana, another
81 medical marijuana dispensary facility , a marijuana testing facility , a medical
82 marijuana cultivation facility , or a medical marijuana-infused products
83 manufacturing facility . Dispensary facilities may receive transaction orders
84 at the dispensary in person, by phone, or via the internet, including from a
85 third party . A medical marijuana dispensary facility's authority to process
86 marijuana shall include the production and sale of prerolls, but shall not
87 include the manufacture of marijuana-infused products.
88 (13) "Medical marijuana-infused products manufacturing facility"
89 means a facility licensed by the department to acquire, process, package, store
90 on site or of f site, manufacture, transport to or from, and sell marijuana-
91 infused products to a medical marijuana dispensary facility , a marijuana
92 testing facility , a medical marijuana cultivation facility , or to another medical
93 marijuana-infused products manufacturing facility .
94 (14) "Marijuana testing facility" means a facility certified by the
95 department to acquire, test, certify , and transport marijuana, including those
96 originally licensed as a medical marijuana testing facility .
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97 (15) "Medical use" means the production, possession, delivery ,
98 distribution, transportation, or administration of marijuana or a marijuana-
99 infused product, or drug paraphernalia used to administer marijuana or a
100 marijuana-infused product, for the benefit of a qualifying patient to mitigate
101 the symptoms or effects of the patient's qualifying medical condition.
102 (16) "Nurse practitioner" means an individual who is licensed and in
103 good standing as an advanced practice registered nurse, or successor
10 4 designation, under Missouri law .
105 (17) "Owner" means an individual who has a financial (other than
106 security interest, lien, or encumbrance) or voting interest in ten percent or
107 greater of a marijuana facility .
108 (18) "Physician" means an individual who is licensed and in good
109 standing to practice medicine or osteopathy under Missouri law .
110 (19) "Physician or nurse practitioner certification" means a document,
111 whether handwritten, electronic or in another commonly used format, signed
112 by a physician or a nurse practitioner and stating that, in the physician's or
113 nurse practitioner's professional opinion, the patient suf fers from a qualifying
114 medical condition.
115 (20) "Preroll" means a consumable or smokable marijuana product,
116 generally consisting of: (1) a wrap or paper and (2) dried flower , buds, and/or
117 plant material. Prerolls may or may not include a filter or crutch at the base of
118 the product.
119 (21) "Primary caregiver" means an individual twenty-one years of age
120 or older who has significant responsibility for managing the well-being of a
121 qualifying patient and who is designated as such on the primary caregiver's
122 application for an identification card under this section or in other written
123 notification to the department.
124 (22) "Qualifying medical condition" means the condition of,
1 2 5 symptoms related to, or side-ef fects from the treatment of:
126 (a) Cancer;
127 (b) Epilepsy;
128 (c) Glaucoma;
129 (d) Intractable migraines unresponsive to other treatment;
130 (e) A chronic medical condition that causes severe, persistent pain or
131 persistent muscle spasms, including but not limited to those associated with
132 multiple sclerosis, seizures, Parkinson's disease, and T ourette's syndrome;
133 (f) Debilitating psychiatric disorders, including, but not limited to,
134 posttraumatic stress disorder , if diagnosed by a state licensed psychiatrist;
135 (g) Human immunodeficiency virus or acquired immune deficiency
136 syndrome;
137 (h) A chronic medical condition that is normally treated with a
138 prescription medication that could lead to physical or psychological
1 3 9 dependence, when a physician or nurse practitioner determines that medical
140 use of marijuana could be ef fective in treating that condition and would serve
141 as a safer alternative to the prescription medication;
142 (i) Any terminal illness; or
143 (j) In the professional judgment of a physician or nurse practitioner ,
144 any other chronic, debilitating or other medical condition, including, but not
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145 limited to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel
146 disease, Crohn's disease, Huntington's disease, autism, neuropathies, sickle
147 cell anemia, agitation of Alzheimer's disease, cachexia, and wasting syndrome.
148 (23) "Qualifying patient" means an individual diagnosed with at least
149 one qualifying medical condition.
150 (24) "Unduly burdensome" (when referring to a facility licensee or
151 certificate holder) means the measures necessary to comply with the rules or
152 ordinances adopted pursuant to this section subject the party to such a high
153 investment or expense of money , time, or any other resource or asset that a
154 reasonably prudent businessperson would not operate the facility; and (when
155 referring to qualifying patients, primary caregivers, physicians, nurse
1 5 6 practitioners, or other party) "unduly burdensome" means the measures
157 necessary to comply with the rules or ordinances adopted pursuant to this
158 section undermine the purpose of this section.
159 3. Creating Patient Access to Medical Marijuana.
160 (1) In carrying out the implementation of this section, the department
161 shall have the authority to:
162 (a) Grant or refuse state licenses and certifications for the cultivation,
163 manufacture, dispensing, sale, testing, tracking, and transportation of
1 6 4 marijuana and marijuana-infused products for medical use, as provided by
165 this section and general law; suspend, impose an authorized fine, restrict, or
166 revoke such licenses and certifications upon a violation of this section, general
167 law , or a rule promulgated pursuant to this section; and impose any
168 administrative penalty authorized by this section or any general law enacted
169 or rule promulgated pursuant to this section, so long as any procedure related
170 to a suspension or revocation includes a reasonable cure period, not less than
171 thirty days, prior to the suspension or revocation, except in instances where
172 there is a credible and imminent threat to public health or public safety .
173 (b) Promulgate rules and emer gency rules necessary for the proper
174 regulation and control of the cultivation, manufacture, dispensing, and sale of
175 marijuana for medical use and for the enforcement of this section so long as
176 patient access is not restricted unreasonably and such rules are reasonably
177 necessary for patient safety or to restrict access to only licensees and
178 qualifying patients.
179 (c) Develop such forms, certificates, licenses, identification cards, and
180 applications as are necessary for , or reasonably related to, the administration of
181 this section or any of the rules promulgated under this section.
182 (d) Require a seed-to-sale tracking system that tracks medical
183 marijuana from either the seed or immature plant stage until the medical
184 marijuana or medical marijuana-infused product is sold to a qualifying patient
185 or primary caregiver to ensure that no medical marijuana grown by a medical
186 marijuana cultivation facility or manufactured by a medical marijuana-infused
187 products manufacturing facility is sold or otherwise transferred except by a
188 medical marijuana dispensary facility . The department shall certify , if
189 possible, at least two commercially available systems to licensees as compliant
190 with its tracking standards and issue standards for the creation or use of other
191 systems by licensees.
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192 (e) Issue standards for the secure transportation of marijuana and
193 marijuana-infused products. The department shall certify entities which
194 demonstrate compliance with its transportation standards to transport
1 9 5 marijuana and marijuana-infused products to or from a medical marijuana
196 cultivation facility , a medical marijuana-infused products manufacturing
197 facility , a medical marijuana dispensary facility , a marijuana testing facility ,
198 or another entity with a transportation certification. The department shall
199 develop or adopt from any other governmental agency such safety and security
200 standards as are reasonably necessary for the transportation of marijuana and
201 marijuana-infused products. Any entity licensed or certified pursuant to this
202 section shall be allowed to transport and store marijuana, marijuana seeds,
203 marijuana vegetative cuttings (also known as clones) and marijuana-infused
204 products for purposes related to transportation in compliance with department
205 regulations on storage of marijuana and marijuana-infused products.
206 (f) The department may char ge a fee not to exceed $5,000 for any
207 certification issued pursuant to this section.
208 (g) Prepare and transmit annually a publicly available report
20 9 accounting to the governor for the ef ficient dischar ge of all responsibilities
210 assigned to the department under this section.
211 (h) Establish a lottery selection process to select medical marijuana
212 licensee and certificate applicants, only in cases where more applicants apply
213 than the minimum number of licenses or certificates as calculated by this
214 section. T o be eligible for the medical marijuana license lottery process, an
215 applicant cannot have an owner who has pleaded or been found guilty of a
216 disqualifying felony . A "disqualifying felony of fense" is a violation of, and
217 conviction or guilty plea to, state or federal law that is, or would have been, a
218 felony under Missouri law , regardless of the sentence imposed, unless the
219 department determines that:
220 a. The person's conviction was for a marijuana of fense, other than
221 provision of marijuana to a minor; or
222 b. The person's conviction was for a non-violent crime for which he or
223 she was not incarcerated and that is more than five years old; or
224 c. More than five years have passed since the person was released
225 from parole or probation, and he or she has not been convicted of any
226 subsequent felony criminal of fenses.
227 The department may consult with and rely on the records, advice, and
228 recommendations of the attorney general and the department of public safety ,
229 or their successor entities, in carrying out the provisions of this subdivision.
230 In establishing a lottery selection process to select medical marijuana
231 licensee and certificate applicants and awarding licenses and certificates, the
232 department may consult or contract with other public agencies with relevant
233 expertise. The department shall lift or ease any limit on the number of
234 licensees or certificate holders in order to meet the demand for marijuana for
235 medical use by qualifying patients.
236 (2) The department shall issue any rules or emer gency rules necessary
237 for the implementation and enforcement of this section and to ensure the right
238 to, availability , and safe use of marijuana for medical use by qualifying
239 patients. In developing such rules or emer gency rules, the department may
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240 consult with other public agencies. In addition to any other rules or emer gency
241 rules necessary to carry out the mandates of this section, the department may
242 issue rules or emer gency rules relating to the following subjects:
243 (a) Compliance with, enforcement of, or violation of any provision of
244 this section or any rule issued pursuant to this section, including procedures
245 and grounds for denying, suspending, imposing an authorized fine, and
246 restricting, or revoking a state license or certification issued pursuant to this
247 section, so long as any procedure related to a suspension or revocation
248 includes a reasonable cure period, not less than thirty days, prior to the
249 suspension or revocation, except in instances where there is a credible and
250 imminent threat to public health or public safety;
251 (b) Specifications of duties of of ficers and employees of the
252 department;
253 (c) Instructions or guidance for local authorities and law enforcement
254 of ficers;
255 (d) Requirements for inspections, investigations, searches, seizures,
256 and such additional enforcement activities as may become necessary from time
257 to time;
258 (e) As otherwise authorized by this section or general law ,
2 5 9 administrative penalties and policies for use by the department;
260 (f) Prohibition of misrepresentation and unfair practices;
261 (g) Control of informational and product displays on licensed premises
262 provided that the rules may not prevent or unreasonably restrict appropriate
263 signs on the property of the medical marijuana dispensary facility , product
264 display and examination by the qualifying patient and/or primary caregiver ,
265 listings in business directories including phone books, listings in marijuana-
266 related or medical publications, or the sponsorship of health or not for profit
267 charity or advocacy events. While the department shall have the general
268 power to regulate the advertising and promotion of marijuana sales, under all
269 circumstances, any such regulation shall be no more stringent than comparable
270 state regulations on the advertising and promotion of alcohol sales;
271 (h) Development of individual identification cards for owners,
272 of ficers, managers, contractors, employees, and other support staff of entities
273 licensed or certified pursuant to this section, including a fingerprint-based
274 federal and state criminal record check in accordance with U.S. Public Law
275 92-544, or its successor provisions, as may be required by the department prior
276 to issuing a card and procedures to ensure that cards for new applicants are
277 issued within fourteen days. Applicants licensed pursuant to this section shall
278 submit fingerprints to the Missouri state highway patrol for the purpose of
279 conducting a state and federal fingerprint-based criminal background check.
280 The Missouri state highway patrol, if necessary , shall forward the fingerprints
281 to the Federal Bureau of Investigation (FBI) for the purpose of conducting a
282 fingerprint-based criminal background check. Fingerprints shall be submitted
283 pursuant to section 43.543, RSMo, or its successor provisions, and fees shall
284 be paid pursuant to section 43.530, RSMo, or its successor provisions. Unless
285 otherwise required by law , no individual shall be required to submit
286 fingerprints more than once;
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287 (i) Security requirements for any premises licensed or certified
288 pursuant to this section, including, at a minimum, lighting, physical security ,
289 video, alarm requirements, and other minimum procedures for internal control
290 as deemed necessary by the department to properly administer and enforce the
291 provisions of this section, including reporting requirements for changes,
292 alterations, or modifications to the premises;
293 (j) Regulation of the storage of, warehouses for , and transportation of
294 marijuana for medical use;
295 (k) Sanitary requirements for , including, but not limited to, the
296 preparation of medical marijuana-infused products;
297 (l) The specification of acceptable forms of picture identification that a
298 medical marijuana dispensary facility may accept when verifying a sale;
299 (m) Labeling and packaging standards;
300 (n) Records to be kept by licensees and the required availability of the
301 records;
302 (o) State licensing procedures, including procedures for renewals,
303 reinstatements, initial licenses, and the payment of licensing fees;
304 (p) The reporting and transmittal of tax payments;
305 (q) Authorization for the department of revenue to have access to
306 licensing information to ensure tax payment and the effectiv e administration of
307 this section; and
308 (r) Such other matters as are necessary for the fair , impartial, stringent,
309 and comprehensive administration of this section.
310 (3) The department shall issue rules or emer gency rules for a medical
311 marijuana and medical marijuana-infused products independent testing and
312 certification program for medical marijuana licensees and requiring licensees
313 to test medical marijuana using one or more impartial, independent
3 1 4 laboratories to ensure, at a minimum, that products sold for human
3 1 5 consumption do not contain contaminants that are injurious to health, to
316 ensure correct labeling and measure potency . The department shall not require
317 any medical marijuana or medical marijuana-infused products to be tested
318 more than once prior to sale.
319 (4) The department shall issue rules or emer gency rules to provide for
320 the certification of and standards for marijuana testing facilities, including the
321 requirements for equipment and qualifications for personnel, but shall not
322 require certificate holders to have any federal agency licensing or have any
323 relationship with a federally licensed testing facility . The department shall
324 certify , if possible, at least two entities as marijuana testing facilities. No
325 marijuana testing facility shall be owned by an entity or entities under
326 substantially common control, ownership, or management as a medical
327 marijuana cultivation facility , medical marijuana-infused product
3 2 8 manufacturing facility , or medical marijuana dispensary facility .
329 (5) Any information released by the department related to patients
330 may only be for a purpose authorized by federal law and this section, including
331 verifying that a person who presented a patient identification card to a state or
332 local law enforcement of ficial is lawfully in possession of such card.
333 Beginning December 8, 2022, all public records produced or retained pursuant
334 to this section are subject to the general provisions of the Missouri Sunshine
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335 Law , chapter 610, RSMo, or its successor provisions. Notwithstanding the
336 foregoing, records containing proprietary business information obtained from
337 an applicant or licensee shall be closed. For documents submitted on or after
338 December 8, 2022, the applicant or licensee shall label business information it
339 believes to be proprietary prior to submitting it to the department. For
340 documents submitted prior to December 8, 2022, the applicant or licensee may
341 advise the department, through a department approved process, of any records
342 previously submitted by the applicant or licensee it believes contain
34 3 proprietary business information. Proprietary business information shall
344 include sales information, financial records, tax returns, credit reports, license
345 applications, cultivation information unrelated to product safety , testing results
346 unrelated to product safety , site security information and plans, and
3 4 7 individualized consumer information. The presence of proprietary business
348 information shall not justify the closure of public records:
349 (a) Identifying the applicant or licensee;
350 (b) Relating to any citation, notice of violation, tax delinquency , or
351 other enforcement action;
352 (c) Relating to any public of ficial's support or opposition relative to
353 any applicant, licensee, or their proposed or actual operations;
354 (d) Where disclosure is reasonably necessary for the protection of
355 public health or safety; or
356 (e) That are otherwise subject to public inspection under other
357 applicable law .
358 (6) W ithin one hundred eighty days of December 6, 2018, the
359 department shall make available to the public license application forms and
360 application instructions for medical marijuana cultivation facilities, marijuana
361 testing facilities, medical marijuana dispensary facilities, and medical
3 6 2 marijuana-infused products manufacturing facilities.
363 (7) W ithin one hundred eighty days of December 6, 2018, the
364 department shall make available to the public application forms and
36 5 application instructions for qualifying patient, qualifying patient cultivation,
366 and primary caregiver identification cards. W ithin two hundred ten days of
367 December 6, 2018, the department shall begin accepting applications for such
368 identification cards.
369 (8) An entity may apply to the department for and obtain one or more
370 licenses to grow marijuana as a medical marijuana cultivation facility . Each
371 facility in operation shall require a separate license, but multiple licenses may
372 be utilized in a single facility . Each indoor facility utilizing artificial lighting
373 may be limited by the department to thirty thousand square feet of flowering
374 plant canopy space. Each outdoor facility utilizing natural lighting may be
375 limited by the department to two thousand eight hundred flowering plants.
376 Each greenhouse facility using a combination of natural and artificial lighting
377 may be limited by the department, at the election of the licensee, to two
378 thousand eight hundred flowering plants or thirty thousand square feet of
379 flowering plant canopy . The license shall be valid for three years from its date
380 of issuance and shall be renewable, except for good cause. The department
381 shall char ge each applicant a nonrefundable fee of ten thousand dollars per
382 license application or renewal for all applicants filing an application within
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383 three years of December 6, 2018, and shall char ge each applicant a
384 nonrefundable fee of five thousand dollars per license application or
38 5 renewal thereafter . Once granted, the department shall char ge each licensee
386 an annual fee of twenty-five thousand dollars per facility license. Application
387 and license fees shall be increased or decreased each year by the percentage of
388 increase or decrease from the end of the previous calendar year of the
389 Consumer Price Index, or successor index as published by the U.S.
39 0 Department of Labor , or its successor agency . An entity or entities under
391 substantially common control, ownership, or management may not be an
392 owner of more than ten percent of the total marijuana cultivation facility
393 licenses outstanding under both sections 1 and 2 of this Article at any given
394 time, rounded down to the nearest whole number .
395 (9) An entity may apply to the department for and obtain one or more
396 licenses to operate a medical marijuana dispensary facility . Each facility in
397 operation shall require a separate license. A license shall be valid for three
398 years from its date of issuance and shall be renewable, except for good cause.
399 The department shall char ge each applicant a nonrefundable fee of six
400 thousand dollars per license application or renewal for each applicant filing an
401 application within three years of December 6, 2018, and shall char ge each
402 applicant a nonrefundable fee of three thousand dollars per license application
403 or renewal thereafter . Once granted, the department shall char ge each licensee
404 an annual fee of ten thousand dollars per facility license. Application and
405 license fees shall be increased or decreased each year by the percentage of
406 increase or decrease from the end of the previous calendar year of the
407 Consumer Price Index, or successor index as published by the U.S.
40 8 Department of Labor , or its successor agency . An entity or entities under
409 substantially common control, ownership, or management may not be an
410 owner of more than ten percent of the total marijuana dispensary facility
411 licenses outstanding under both sections 1 and 2 of this Article at any given
412 time, rounded down to the nearest whole number .
413 (10) An entity may apply to the department for and obtain one or more
414 licenses to operate a medical marijuana-infused products manufacturing
415 facility . Each facility in operation shall require a separate license. A license
416 shall be valid for three years from its date of issuance and shall be renewable,
417 except for good cause. The department shall char ge each applicant a
418 nonrefundable fee of six thousand dollars per license application or renewal
419 for each applicant filing an application within three years of December 6,
420 2018, and shall char ge each applicant a nonrefundable fee of three thousand
421 dollars per license application or renewal thereafter . Once granted, the
422 department shall char ge each licensee an annual fee of ten thousand dollars per
423 facility license. Application and license fees shall be increased or decreased
424 each year by the percentage of increase or decrease from the end of the
425 previous calendar year of the Consumer Price Index, or successor index as
426 published by the U.S. Department of Labor , or its successor agency . An entity
427 or entities under substantially common control, ownership, or management
428 may not be an owner of more than ten percent of the total marijuana-infused
429 products manufacturing facility licenses outstanding under both sections 1 and
430 2 of this Article at any given time, rounded down to the nearest whole number .
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431 (1 1) Any applicant for a license authorized by this section may prefile
432 their application fee with the department beginning 30 days after December 6,
433 2018.
434 (12) Except for good cause, a qualifying patient or his or her primary
435 caregiver may obtain an identification card from the department to cultivate up
436 to six flowering marijuana plants, six nonflowering marijuana plants (over
437 fourteen inches tall), and six clones (plants under fourteen inches tall) for the
438 exclusive use of that qualifying patient. The card shall be valid for three years
439 from its date of issuance and shall be renewable with the submittal of a new or
440 updated physician or nurse practitioner certification. The department shall
441 char ge a fee for the card of fifty dollars, with such rate to be increased or
442 decreased each year by the percentage of increase or decrease from the end of
443 the previous calendar year of the Consumer Price Index, or successor index as
444 published by the U.S. Department of Labor , or its successor agency .
445 (13) The department may set a limit on the amount of marijuana that
446 may be purchased by or on behalf of a single qualifying patient in a thirty-day
447 period, provided that limit is not less than six ounces of dried, unprocessed
448 marijuana, or its equivalent. Any such limit shall not apply to a qualifying
449 patient with written certification from a physician or nurse practitioner that
450 there are compelling reasons why the qualifying patient needs a greater
451 amount than the limit established by the department.
452 (14) The department may set a limit on the amount of marijuana that
453 may be possessed by or on behalf of each qualifying patient, provided that
454 limit is not less than a sixty-day supply of dried, unprocessed marijuana, or its
455 equivalent. A primary caregiver may possess a separate legal limit for each
456 qualifying patient under their care and a separate legal limit for themselves if
457 they are a qualifying patient. Qualifying patients cultivating marijuana for
458 medical use may possess up to a ninety-day supply , so long as the supply
459 remains on property under their control. Any such limit shall not apply to a
460 qualifying patient with written certification from an independent physician or
461 nurse practitioner that there are compelling reasons for additional amounts.
462 Possession of between the legal limit and up to twice the legal limit shall
463 subject the possessor to department sanctions, including an administrative
464 penalty of up to two hundred dollars and loss of their patient identification
465 card for up to a year . Purposefully possessing amounts in excess of twice the
466 legal limit shall be punishable as an infraction under applicable law .
467 (15) The department may restrict the aggregate number of licenses
468 granted for medical marijuana cultivation facilities and comprehensive
469 marijuana cultivation facilities authorized by section 2 combined, provided,
470 however , that the number may not be limited to fewer than one license per
471 every one hundred thousand inhabitants, or any portion thereof, of the state of
472 Missouri, according to the most recent census of the United States. A decrease
473 in the number of inhabitants in the state of Missouri shall have no impact.
474 (16) The department may restrict the aggregate number of licenses
475 granted for medical marijuana-infused products manufacturing facilities and
476 comprehensive marijuana-infused products manufacturing facilities authorized
477 by section 2 combined, provided, however , that the number may not be limited
478 to fewer than one license per every seventy thousand inhabitants, or any
HJR 106 19
479 portion thereof, of the state of Missouri, according to the most recent census of
480 the United States. A decrease in the number of inhabitants in the state of
481 Missouri shall have no impact.
482 (17) The department may restrict the aggregate number of licenses
483 granted for medical marijuana dispensary facilities and comprehensive
484 marijuana dispensary facilities authorized by section 2 combined, provided,
485 however , that the number may not be limited to fewer than twenty-four
486 licenses in each United States congressional district in the state of Missouri
487 pursuant to the map of each of the eight congressional districts as drawn and
488 ef fective on December 6, 2018. Future changes to the boundaries of or the
489 number of congressional districts shall have no impact.
490 (18) The department shall begin accepting license and certification
491 applications for medical marijuana dispensary facilities, marijuana testing
492 facilities, medical marijuana cultivation facilities, medical marijuana-infused
493 products manufacturing facilities, seed-to-sale tracking systems, and for
494 transportation of marijuana no later than two hundred forty days after
495 December 6, 2018. Applications for licenses and certifications under this
496 section shall be approved or denied by the department no later than one
497 hundred fifty days after their submission. If the department fails to carry out
498 its nondiscretionary duty to approve or deny an application within one hundred
499 fifty days of submission, an applicant may immediately seek a court order
500 compelling the department to approve or deny the application.
501 (19) Qualifying patients under this section shall obtain an
5 0 2 identification card or cards from the department. The department shall
503 char ge a fee of twenty-five dollars per card. Such fee may be increased or
504 decreased each year by the percentage of increase or decrease from the end of
505 the previous calendar year of the Consumer Price Index, or successor index as
506 published by the U.S. Department of Labor or its successor agency . Cards
507 shall be valid for three years and may be renewed with a new physician or
508 nurse practitioner certification. Upon receiving an application for a qualifying
509 patient identification card or qualifying patient cultivation identification card,
510 the department shall, within thirty days, either issue the card or provide a
511 written explanation for its denial. If the department fails to deny and fails to
512 issue a card to an eligible qualifying patient within thirty days, then their
513 physician or nurse practitioner certification shall serve as their qualifying
514 patient identification card or qualifying patient cultivation identification card
515 for up to one year from the date of physician or nurse practitioner certification.
516 All initial applications for or renewals of a qualifying patient identification
517 card or qualifying patient cultivation identification card shall be accompanied
518 by a physician or nurse practitioner certification that is less than thirty days
519 old.
520 (20) Primary caregivers under this section shall obtain an
5 2 1 identification card from the department. Cards shall be valid for three
522 years. The department shall char ge a fee of twenty-five dollars per card. Such
523 fee may be increased or decreased each year by the percentage of increase or
524 decrease from the end of the previous calendar year of the Consumer Price
525 Index, or successor index as published by the U.S. Department of Labor , or its
526 successor agency . Upon receiving an application for a primary caregiver
HJR 106 20
527 identification card, the department shall, within thirty days, either issue the
528 card or provide a written explanation for its denial.
529 (21) Except as otherwise provided in this Article, all marijuana for
530 medical use sold in Missouri shall be cultivated in a licensed medical
531 marijuana cultivation facility located in Missouri.
532 (22) Except as otherwise provided in this Article, all marijuana-
533 infused products for medical use sold in the state of Missouri shall be
534 manufactured in a medical marijuana-infused products manufacturing facility .
535 (23) The denial of a license, license renewal, or identification card by
536 the department shall be appealable to the administrative hearing commission,
537 or its successor entity . Following the exhaustion of administrative review ,
538 denial of a license, license renewal, or identification card by the department
539 shall be subject to judicial review as provided by law .
540 (24) No elected of ficial shall interfere directly or indirectly with the
541 department's obligations and activities under this section.
542 (25) The department shall not have the authority to apply or enforce
543 any unduly burdensome rule or regulation or administrative penalty upon any
544 one or more licensees or certificate holders, any qualifying patients, or their
545 primary caregivers, or act to undermine the purposes of this section.
546 4. T axation and Reporting.
547 (1) A tax is levied upon the retail sale of marijuana for medical use
548 sold at medical marijuana dispensary facilities within the state. The tax shall
549 be at a rate of four percent of the retail price. The tax shall be collected by
550 each licensed medical marijuana dispensary facility and paid to the department
551 of revenue. After retaining no more than two percent for its actual collection
552 costs, amounts generated by the medical marijuana tangible personal property
553 retail sales tax levied in this section shall be deposited by the department of
554 revenue into the Missouri veterans' health and care fund. Licensed entities
555 making retail sales within the state shall be allowed approved credit for returns
556 provided the tax was paid on the returned item and the purchaser was given the
557 refund or credit.
558 (2) There is hereby created in the state treasury the "Missouri V eterans'
559 Health and Care Fund", which shall consist of taxes and fees collected under
560 this section. The state treasurer shall be custodian of the fund, and he or she
561 shall invest monies in the fund in the same manner as other funds are invested.
562 Any interest and monies earned on such investments shall be credited to the
563 fund. Notwithstanding any other provision of law , any monies remaining in
564 the fund at the end of a biennium shall not revert to the credit of the general
565 revenue fund. The commissioner of administration is authorized to make cash
566 operating transfers to the fund for purposes of meeting the cash requirements
567 of the department in advance of it receiving annual application, licensing, and
568 tax revenue, with any such transfers to be repaid as provided by law . The fund
569 shall be a dedicated fund and shall stand appropriated without further
570 legislative action as follows:
571 (a) First, to the department, an amount necessary for the department to
572 carry out this section, including repayment of any cash operating transfers,
573 payments made through contract or agreement with other state and public
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574 agencies necessary to carry out this section, and a reserve fund to maintain a
575 reasonable working cash balance for the purpose of carrying out this section;
576 (b) Next, the remainder of such funds shall be transferred to the
577 Missouri veterans commission for health and care services for military
578 veterans, including the following purposes: operations, maintenance and
579 capital improvements of the Missouri veterans homes, the Missouri service
580 of ficer's program, and other services for veterans approved by the commission,
581 including, but not limited to, health care services, mental health services, drug
582 rehabilitation services, housing assistance, job training, tuition assistance, and
583 housing assistance to prevent homelessness. The Missouri veterans
5 8 4 commission shall contract with other public agencies for the delivery of
585 services beyond its expertise.
586 (c) All monies from the taxes authorized under this subsection shall
587 provide additional dedicated funding for the purposes enumerated above and
588 shall not replace existing dedicated funding.
589 (3) For all retail sales of marijuana for medical use, a record shall be
590 kept by the seller which identifies, by secure and encrypted patient number
591 issued by the seller to the qualifying patient involved in the sale, all amounts
592 and types of marijuana involved in the sale and the total amount of money
593 involved in the sale, including itemizations, taxes collected and grand total
594 sale amounts. All such records shall be kept on the premises in a readily
595 available format and be made available for review by the department and the
596 department of revenue upon request. Such records shall be retained for five
597 years from the date of the sale.
598 (4) The tax levied pursuant to this subsection is separate from, and in
599 addition to, any general state and local sales and use taxes that apply to retail
600 sales, which shall continue to be collected and distributed as provided by
601 general law .
602 (5) Except as authorized in this subsection, no additional taxes shall be
603 imposed on the sale of marijuana for medical use.
604 (6) The fees and taxes provided for in this Article XIV , Section 1 shall
605 be fully enforceable notwithstanding any other provision in this Constitution
606 purportedly prohibiting or restricting the taxes and fees provided for herein.
607 (7) The unexpended balance existing in the fund shall be exempt from
608 the provisions of section 33.080, RSMo, or its successor provisions, relating to
609 the transfer of unexpended balances to the general revenue fund.
610 (8) For taxpayers authorized to do business pursuant to this Article, the
611 amount that would have been deducted in the computation of federal taxable
612 income pursuant to 26 U.S.C. Section 280E of the Internal Revenue Code as in
613 ef fect on January 1, 2021, or successor provisions, but is disallowed because
614 cannabis is a controlled substance under federal law , shall be subtracted from
615 the taxpayer's federal adjusted gross income, in determining the taxpayer's
616 Missouri adjusted gross income.
617 5. Additional Patient, Physician, Nurse Practitioner , Caregiver and
618 Provider Protections.
619 (1) Except as provided in this section, the possession of marijuana in
620 quantities less than the limits of this section, or established by the department,
621 and transportation of marijuana by the qualifying patient or primary caregiver
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622 shall not subject the possessor to arrest, criminal or civil liability , or sanctions
623 under Missouri law , provided that the possessor produces on demand to the
624 appropriate authority a valid qualifying patient identification card; a valid
625 qualifying patient cultivation identification card; a valid physician or nurse
626 practitioner certification while making application for an identification card; or
627 a valid primary caregiver identification card. Production of the respective
628 substantially equivalent identification card or authorization issued by another
629 state or political subdivision of another state shall also meet the requirements
630 of this subdivision and shall allow for the purchase of medical marijuana for
631 use by a non-resident patient from a medical marijuana dispensary facility as
632 permitted by this section and in compliance with department regulations.
633 (2) No patient shall be denied access to or priority for an or gan
634 transplant or other medical care because they hold a qualifying patient
635 identification card or use marijuana for medical use.
636 (3) A physician or nurse practitioner shall not be subject to criminal or
637 civil liability or sanctions under Missouri law or discipline by the Missouri
638 state board of registration for the healing arts, the Missouri state board of
639 nursing, or their respective successor agencies, for owning, operating,
640 investing in, being employed by , or contracting with any entity licensed or
641 certified pursuant to this section or issuing a physician or nurse practitioner
642 certification to a patient diagnosed with a qualifying medical condition in a
643 manner consistent with this section and legal standards of professional
644 conduct.
645 (4) A health care provider shall not be subject to civil or criminal
646 prosecution under Missouri law , denial of any right or privilege, civil or
647 administrative penalty or sanction, or disciplinary action by any accreditation
648 or licensing board or commission for owning, operating, investing in, being
649 employed by , or contracting with any entity licensed or certified pursuant to
650 this section or providing health care services that involve the medical use of
651 marijuana consistent with this section and legal standards of professional
652 conduct.
653 (5) A marijuana testing facility shall not be subject to civil or criminal
654 prosecution under Missouri law , denial of any right or privilege, civil or
655 administrative penalty or sanction, or disciplinary action by any accreditation
656 or licensing board or commission for providing laboratory testing services that
657 relate to the medical use of marijuana consistent with this section and
658 otherwise meeting legal standards of professional conduct.
659 (6) A health care provider shall not be subject to mandatory reporting
660 requirements for the medical use of marijuana by nonemancipated qualifying
661 patients under eighteen years of age in a manner consistent with this section
662 and with consent of a parent or guardian.
663 (7) A primary caregiver shall not be subject to criminal or civil
664 liability or sanctions under Missouri law for purchasing, transporting, or
665 administering marijuana for medical use to a qualifying patient or participating
666 in the patient cultivation of up to six flowering marijuana plants, six
667 nonflowering marijuana plants (over fourteen inches tall), and six clones
668 (plants under fourteen inches tall) per patient and no more than twenty-four
669 flowering plants for more than one qualifying patient in a manner consistent
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670 with this section and generally established legal standards of personal or
671 professional conduct.
672 (8) Notwithstanding any provision of Article V to the contrary , an
673 attorney shall not be subject to disciplinary action by the Supreme Court of
674 Missouri, the office of chief disciplinary counsel, the state bar association, any
675 state agency , or any professional licensing body for any of the following:
676 (a) Owning, operating, investing in, being employed by , or contracting
677 with prospective or licensed marijuana testing facilities, medical marijuana
678 cultivation facilities, medical marijuana dispensary facilities, medical
6 7 9 marijuana-infused products manufacturing facilities, or transportation
6 8 0 certificate holders;
681 (b) Counseling, advising, and/or assisting a client in conduct permitted
682 by Missouri law that may violate or conflict with federal or other law , as long
683 as the attorney advises the client about that federal or other law and its
684 potential consequences;
685 (c) Counseling, advising, and/or assisting a client in connection with
686 applying for , owning, operating, or otherwise having any legal, equitable, or
687 beneficial interest in marijuana testing facilities, medical marijuana cultivation
688 facilities, medical marijuana dispensary facilities, medical marijuana-infused
689 products manufacturing facilities, or transportation certificates; or
690 (d) Counseling, advising or assisting a qualifying patient, primary
691 caregiver , physician, nurse practitioner , health care provider or other client
692 related to activity that is no longer subject to criminal penalties under Missouri
693 law pursuant to this Article.
694 (9) Actions and conduct by qualifying patients, primary caregivers,
695 marijuana testing facilities, medical marijuana cultivation facilities, medical
696 marijuana-infused products manufacturing facilities, or medical marijuana
697 dispensary facilities licensed or registered with the department, or their
698 employees or agents, as permitted by this section and in compliance with
699 department regulations and other standards of legal conduct, shall not be
700 subject to criminal or civil liability or sanctions under Missouri law , except as
701 provided for by this section.
702 (10) Nothing in this section shall provide immunity for negligence,
703 either common law or statutorily created, nor criminal immunities for
704 operating a vehicle, aircraft, dangerous device, or navigating a boat under the
705 influence of marijuana.
706 (1 1) It is the public policy of the state of Missouri that contracts
707 related to marijuana for medical use that are entered into by qualifying
708 patients, primary caregivers, marijuana testing facilities, medical marijuana
709 cultivation facilities, medical marijuana-infused products manufacturing
71 0 facilities, or medical marijuana dispensary facilities and those who allow
711 property to be used by those entities, should be enforceable. It is the public
712 policy of the state of Missouri that no contract entered into by qualifying
713 patients, primary caregivers, marijuana testing facilities, medical marijuana
714 cultivation facilities, medical marijuana-infused products manufacturing
71 5 facilities, or medical marijuana dispensary facilities, or by a person who
716 allows property to be used for activities that are exempt from state criminal
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717 penalties by this section, shall be unenforceable on the basis that activities
718 related to medical marijuana may be prohibited by federal law .
719 (12) In the process of requesting a search or arrest warrant relating to
720 the production, possession, transportation or storage of marijuana, a state or
721 local law enforcement of ficial shall verify with the department whether the
722 tar geted person is a qualifying patient or primary caregiver holding an
723 identification card allowing for cultivation of marijuana plants under
72 4 subdivision (12) of subsection 3 of this section, and shall inform the issuing
725 authority accordingly when making the warrant request. Evidence of
726 marijuana alone, without specific evidence indicating that the marijuana is
727 outside of what is lawful for medical or adult use, cannot be the basis for a
728 search of a patient or non-patient, including their home, vehicle or other
729 property . Lawful marijuana related activities cannot be the basis for a
730 violation of parole, probation, or any type of supervised release. State and
731 local law enforcement shall only have access to such department information
732 as is necessary to confirm whether the tar geted person holds registration card.
733 (13) Registered qualifying patients on bond for pre-trial release, on
734 probation, or other form of supervised release shall not be prohibited from
735 legally using a lawful marijuana product as a term or condition of release,
736 probation, or parole. An alternative sentencing drug court program may not
737 prohibit individuals under its jurisdiction from using a lawful marijuana
738 product as long as the individual is a registered qualifying patient.
739 (14) A family court participant or party who requires treatment for a
740 qualified medical condition in accordance with this section shall not be
741 required to refrain from using medical marijuana as a term or condition of
742 successful completion of the family court program. The status and conduct of
743 a qualified patient who acts in accordance with this section shall not, by itself,
744 be used to restrict or abridge custodial or parental rights to minor children in
745 any action or proceeding under the jurisdiction of a family court under chapter
746 487, RSMo, including domestic matters under chapter 452, RSMo, or a
747 juvenile court under chapter 21 1, RSMo, or successor provisions.
748 (15) A person shall not be denied adoption, custody , or visitation
749 rights relative to a minor solely for conduct that is permitted by this section.
750 (16) No person shall be denied their rights under Article 1, Section 23
751 of the Missouri Constitution, or successor provisions, solely for conduct that is
752 permitted by this section.
753 6. Legislation.
754 Nothing in this section shall limit the general assembly from enacting
755 laws consistent with this section, or otherwise ef fectuating the patient rights of
756 this section. The legislature shall not enact laws that hinder the right of
757 qualifying patients to access marijuana for medical use as granted by this
758 section.
759 7. Additional Provisions.
760 (1) Nothing in this section permits a person to:
761 (a) Consume marijuana for medical use in a jail or correctional
762 facility;
763 (b) Undertake any task under the influence of marijuana when doing
764 so would constitute negligence or professional malpractice; or
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765 (c) Operate, navigate, or be in actual physical control of any dangerous
766 device or motor vehicle, aircraft or motorboat while under the influence of
767 marijuana. Notwithstanding the foregoing, an arrest or a conviction of a
768 person who has a valid qualifying patient identification card for any applicable
769 of fenses shall require evidence that the person was in fact under the influence
770 of marijuana at the time the person was in actual physical control of the
771 dangerous device or motor vehicle, aircraft or motorboat and not solely on the
772 presence of tetrahydrocannabinol (THC) or THC metabolites, or a
7 7 3 combination thereof, in the person's system; or
774 (d) Bring a claim against any employer , former employer , or
775 prospective employer for wrongful dischar ge, discrimination, or any similar
776 cause of action or remedy , based on the employer , former employer , or
777 prospective employer prohibiting the employee, former employee, or
7 7 8 prospective employee from being under the influence of marijuana while at
779 work or disciplining the employee or former employee, up to and including
780 termination from employment, for working or attempting to work while under
781 the influence of marijuana.
782 (2) No medical marijuana cultivation facility , marijuana testing
783 facility , medical marijuana dispensary facility , or medical marijuana-infused
784 products manufacturing facility , or entity with a transportation certification
785 shall be owned, in whole or in part, or have as an of ficer , director , board
786 member , manager , or employee, any individual with a disqualifying felony
787 of fense. A "disqualifying felony offense" is a violation of, and conviction or
788 guilty plea to, state or federal law that is, or would have been, a felony under
789 Missouri law , regardless of the sentence imposed, unless the department
790 determines that:
791 (a) The person's conviction was for the medical use of marijuana or
792 assisting in the medical use of marijuana; or
793 (b) The person's conviction was for a nonviolent crime for which he or
794 she was not incarcerated and that is more than five years old; or
795 (c) More than five years have passed since the person was released
796 from parole or probation, and he or she has not been convicted of any
797 subsequent criminal offenses.
798 The department may consult with and rely on the records, advice and
799 recommendations of the attorney general and the department of public safety ,
800 or their successor entities, in applying this subdivision.
801 (3) No medical marijuana cultivation facility , medical marijuana
802 dispensary facility , or medical marijuana-infused products manufacturing
803 facility shall manufacture, package or label marijuana or marijuana-infused
804 products in a false or misleading manner . No person shall sell any product in a
805 manner designed to cause confusion between a marijuana or marijuana-infused
806 product and any product not containing marijuana. A violation of this
807 subdivision shall be punishable by an appropriate and proportional department
808 sanction, up to and including an administrative penalty of five thousand dollars
809 and loss of license.
810 (4) All edible marijuana-infused products shall be sold in individual,
811 child-resistant containers that are labeled with dosage amounts, instructions
812 for use, and estimated length of ef fectiveness. All marijuana and marijuana-
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813 infused products shall be sold in containers clearly and conspicuously labeled
814 as mandated by the department as containing "Marijuana", or a "Marijuana-
815 Infused Product". V iolation of this prohibition shall subject the violator to
816 department sanctions, including an administrative penalty of five thousand
817 dollars.
818 (5) No individual shall serve as the primary caregiver for more than
819 six qualifying patients. No primary caregiver cultivating marijuana for more
820 than one qualifying patient may exceed a total of twenty-four flowering plants.
821 (6) A person who smokes medical marijuana in a public place, other
822 than in an area licensed for such activity by the department or by local
823 authorities having jurisdiction over the licensing or permitting of said activity ,
824 is subject to a civil penalty not exceeding one hundred dollars.
825 (7) No person shall extract resins from marijuana using dangerous
826 materials or combustible gases without a medical marijuana-infused products
827 manufacturing facility license. V iolation of this prohibition shall subject the
828 violator to department sanctions, including an administrative penalty of one
829 thousand dollars for a patient or primary caregiver and ten thousand dollars for
830 a facility licensee and, if applicable, loss of their identification card, certificate,
831 or license for up to one year .
832 (8) All qualifying patient cultivation shall take place in an enclosed,
833 locked facility that is equipped with security devices that permit access only
834 by the qualifying patient or by such patient's primary caregiver . T wo
835 qualifying patients, who both hold valid qualifying patient cultivation
836 identification cards, may share one enclosed, locked facility . Primary
837 caregivers cultivating marijuana for more than one qualifying patient may
838 cultivate each respective qualifying patient's flowering plants in a single,
839 enclosed locked facility subject to the limits of subsection 3, paragraph 12.
840 (9) No medical marijuana cultivation facility , medical marijuana
841 dispensary facility , medical marijuana-infused products manufacturing facility ,
842 marijuana testing facility , or entity with a transportation certification shall
843 assign, sell, give, lease, sublicense, or otherwise transfer its license or
844 certificate to any other entity without the express consent of the department,
845 not to be unreasonably withheld.
846 (10) (a) Unless allowed by the local government, no new medical
847 marijuana cultivation facility , marijuana testing facility , medical marijuana
848 dispensary facility , or medical marijuana-infused products manufacturing
849 facility shall be initially sited within one thousand feet of any then-existing
850 elementary or secondary school, child day-care center , or church. In the case
851 of a freestanding facility , the distance between the facility and the school,
852 daycare, or church shall be measured from the external wall of the facility
853 structure closest in proximity to the school, daycare, or church to the closest
854 point of the property line of the school, daycare, or church. If the school,
855 daycare, or church is part of a lar ger structure, such as an of fice building or
856 strip mall, the distance shall be measured to the entrance or exit of the school,
857 daycare, or church closest in proximity to the facility . In the case of a facility
858 that is part of a lar ger structure, such as an of fice building or strip mall, the
859 distance between the facility and the school, daycare, or church shall be
860 measured from the property line of the school, daycare, or church to the
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861 facility's entrance or exit closest in proximity to the school, daycare, or church.
862 If the school, daycare, or church is part of a lar ger structure, such as an of fice
863 building or strip mall, the distance shall be measured to the entrance or exit of
864 the school, daycare, or church closest in proximity to the facility .
8 6 5 Measurements shall be made along the shortest path between the
8 6 6 demarcation points that can be lawfully traveled by foot. No local
86 7 government shall prohibit medical marijuana cultivation facilities, marijuana
868 testing facilities, medical marijuana-infused products manufacturing facilities,
869 or medical marijuana dispensary facilities, or entities with a transportation
870 certification either expressly or through the enactment of ordinances or
871 regulations that make their operation unduly burdensome in the jurisdiction.
872 However , local governments may enact ordinances or regulations not in
873 conflict with this section, or with regulations enacted pursuant to this section,
874 governing the time, place, and manner of operation of such facilities in the
875 locality . A local government may establish civil penalties for violation of an
876 ordinance or regulations governing the time, place, and manner of operation of
877 a medical marijuana cultivation facility , marijuana testing facility , medical
878 marijuana-infused products manufacturing facility , medical marijuana
8 7 9 dispensary facility , or entity holding a transportation certification that may
880 operate in such locality .
881 (b) The only local government ordinances or regulations that are
882 binding on a medical facility are those of the local government where the
883 medical facility is physically located.
884 (1 1) Unless superseded by federal law or an amendment to this
885 Constitution, a physician or nurse practitioner shall not certify a qualifying
886 condition for a patient by any means other than providing a physician or nurse
887 practitioner certification for the patient, whether handwritten, electronic, or in
888 another commonly used format.
889 (12) A physician or nurse practitioner shall not issue a certification for
890 the medical use of marijuana for a nonemancipated qualifying patient under
891 the age of eighteen without the written consent of the qualifying patient's
892 parent or legal guardian. The department shall not issue a qualifying patient
893 identification card on behalf of a nonemancipated qualifying patient under the
894 age of eighteen without the written consent of the qualifying patient's parent or
895 legal guardian. Such card shall be issued to one of the parents or guardians
896 and not directly to the patient. Only a parent or guardian may serve as a
897 primary caregiver for a nonemancipated qualifying patient under the age of
898 eighteen. Only the qualifying patient's parent or guardian shall purchase or
899 possess medical marijuana for a nonemancipated qualifying patient under the
900 age of eighteen. A parent or guardian shall supervise the administration of
901 medical marijuana to a nonemancipated qualifying patient under the age of
902 eighteen.
903 (13) Nothing in this section shall be construed as mandating health
904 insurance coverage of medical marijuana for qualifying patient use.
905 (14) Real and personal property used in the cultivation, manufacture,
906 transport, testing, distribution, sale, and administration of marijuana for
907 medical use or for activities otherwise in compliance with this section shall not
908 be subject to asset forfeiture solely because of that use.
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909 (15) Unless a failure to do so would cause an employer to lose a
910 monetary or licensing-related benefit under federal law , an employer may not
911 discriminate against a person in hiring, termination or any term or condition of
912 employment or otherwise penalize a person, if the discrimination is based
913 upon either of the following:
914 (a) The person's status as a qualifying patient or primary caregiver
915 who has a valid identification card, including the person's legal use of a lawful
916 marijuana product off the employer's premises during nonworking hours,
917 unless the person was under the influence of medical marijuana on the
918 premises of the place of employment or during the hours of employment; or
919 (b) A positive drug test for marijuana components or metabolites of a
920 person who has a valid qualifying patient identification card, unless the person
921 used, possessed, or was under the influence of medical marijuana on the
922 premises of the place of employment or during the hours of employment.
923 Nothing in this subdivision shall apply to an employee in a position in
924 which legal use of a lawful marijuana product affects in any manner a person's
925 ability to perform job-related employment responsibilities or the safety of
926 others, or conflicts with a bona fide occupational qualification that is
927 reasonably related to the person's employment.
928 (16) The enactment of section 2 of this Article and concurrent
929 amendments to section 1 of this Article shall have no ef fect upon any valid
930 contract, claim, or cause of action instituted prior to the effective date of this
931 section.
932 8. Federal Legalization.
933 If federal law , rules, or regulations are amended to allow the interstate
934 commerce of marijuana or marijuana-infused products or the importation or
935 exportation of marijuana or marijuana-infused products into or out of the state
936 of Missouri, the provisions and intent of this section shall, to the extent
937 possible, remain in full ef fect, unless explicitly preempted by such federal law ,
938 rule, or regulation. If federal law , rules, or regulations are amended as
939 provided above, any marijuana or marijuana-infused products imported into
940 this state shall be subject to the same testing standards and seed to sale
941 tracking system required under this section for marijuana and marijuana-
942 infused products produced within the state. Unless federal law , rules, or
943 regulations explicitly require otherwise, no entity shall sell, transport, produce,
944 distribute, deliver , or cultivate marijuana or marijuana-infused products
945 without an applicable license or certificate as required under this section. In
946 addition, any raw biomass of marijuana or marijuana flower imported from
947 out-of-state shall be received only by a licensed cultivation facility , while all
948 batch oil, infused marijuana products and any marijuana product in any other
949 form shall be received only by a licensed manufacturing facility .
950 9. Severability .
951 The provisions of this section are severable, and if any clause,
952 sentence, paragraph or section of this measure, or an application thereof, is
953 adjudged invalid by any court of competent jurisdiction, the other provisions
954 shall continue to be in ef fect to the fullest extent possible. ]
[ Section 2. 1. Purpose.
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2 The purpose of this section is to make marijuana legal under state and
3 local law for adults twenty-one years of age or older , and to control the
4 commercial production and distribution of marijuana under a system that
5 licenses, regulates, and taxes the businesses involved while protecting public
6 health. The intent is to prevent arrest and penalty for personal possession and
7 cultivation of limited amounts of marijuana by adults twenty-one years of age
8 or older; remove the commercial production and distribution of marijuana
9 from the illicit market; prevent revenue generated from commerce in
10 marijuana from going to criminal enterprises; prevent the distribution of
11 marijuana to persons under twenty-one years of age; prevent the diversion of
12 marijuana to illicit markets; protect public health by ensuring the safety of
13 marijuana and products containing marijuana; and ensure the security of
14 marijuana facilities. T o the fullest extent possible, this section shall be
15 interpreted in accordance with the purpose and intent set forth in this section.
16 This section is not intended to allow for the public use of marijuana,
17 driving while under the influence of marijuana, the use of marijuana in the
18 workplace, or the use of marijuana by persons under twenty-one years of age.
19 2. Definitions.
20 (1) "Church" means a permanent building primarily and regularly used
21 as a place of religious worship.
22 (2) "Comprehensive facility" means a comprehensive marijuana
23 cultivation facility , comprehensive marijuana dispensary facility , or a
2 4 comprehensive marijuana-infused products manufacturing facility .
25 (3) "Comprehensive marijuana cultivation facility" means a facility
26 licensed by the department to acquire, cultivate, process, package, store on site
27 or of f site, transport to or from, and sell marijuana, marijuana seeds, marijuana
28 vegetative cuttings (also known as clones) to a medical facility , comprehensive
29 facility , or marijuana testing facility . A comprehensive marijuana cultivation
30 facility need not segregate or account for its marijuana products as either non-
31 medical marijuana or medical marijuana. A comprehensive marijuana
32 cultivation facility's authority to process marijuana shall include the creation
33 of prerolls, but shall not include the manufacture of marijuana-infused
34 products.
35 (4) "Comprehensive marijuana dispensary facility" means a facility
36 licensed by the department to acquire, process, package, store on site or off
37 site, sell, transport to or from, and deliver marijuana, marijuana seeds,
38 marijuana vegetative cuttings (also known as clones), marijuana-infused
39 products, and drug paraphernalia used to administer marijuana as provided for
40 in this section to a qualifying patient or primary caregiver , as those terms are
41 defined in section 1 of this Article, or to a consumer , anywhere on the licensed
42 property or to any address as directed by the patient, primary caregiver , or
43 consumer and consistent with the limitations of this Article and as otherwise
44 allowed by law , to a comprehensive facility , a marijuana testing facility , or a
45 medical facility . Comprehensive dispensary facilities may receive transaction
46 orders at the dispensary directly from the consumer in person, by phone, or via
47 the internet, including from a third party . A comprehensive marijuana
48 dispensary facility need not segregate or account for its marijuana products as
49 either non-medical marijuana or medical marijuana, but shall collect all
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50 appropriate tangible personal property sales tax for each sale, as set forth in
51 this Article and provided for by general or local law . A comprehensive
52 marijuana dispensary facility's authority to process marijuana shall include the
53 creation of prerolls.
54 (5) "Comprehensive marijuana-infused products manufacturing
5 5 facility" means a facility licensed by the department to acquire, process,
56 package, store, manufacture, transport to or from a medical facility ,
5 7 comprehensive facility , or marijuana testing facility , and sell marijuana-
58 infused products, prerolls, and infused prerolls to a marijuana dispensary
59 facility , a marijuana testing facility , or another marijuana-infused products
60 manufacturing facility . A comprehensive marijuana-infused products
6 1 manufacturing facility need not segregate or account for its marijuana
62 products as either non-medical marijuana or medical marijuana.
63 (6) "Consumer" means a person who is at least twenty-one years of
64 age.
65 (7) "Daycare" means a child-care facility , as defined by section
66 210.20l, RSMo, or successor provisions, that is licensed by the state of
67 Missouri.
68 (8) "Department" means the department of health and senior services,
69 or its successor agency .
70 (9) "Entity" means a natural person, corporation, professional
71 corporation, nonprofit corporation, cooperative corporation, unincorporated
72 association, business trust, limited liability company , general or limited
73 partnership, limited liability partnership, joint venture, or any other legal
74 entity .
75 (10) "Flowering plant" means a marijuana plant from the time it
76 exhibits the first signs of sexual maturity through harvest.
77 (1 1) "Infused preroll" means a consumable or smokable marijuana
78 product, generally consisting of: (l) a wrap or paper , (2) dried flower , buds,
79 and/or plant material, and (3) a concentrate, oil or other type of marijuana
80 extract, either within or on the surface of the product. Infused prerolls may or
81 may not include a filter or crutch at the base of the product.
82 (12) "Local government" means, in the case of an incorporated area, a
83 village, town, or city and, in the case of an unincorporated area, a county .
84 (13) "Marijuana" or "marihuana" means Cannabis indica, Cannabis
85 sativa, and Cannabis ruderalis, hybrids of such species, and any other strains
86 commonly understood within the scientific community to constitute marijuana,
87 as well as resin extracted from the marijuana plant and marijuana-infused
88 products. "Marijuana" or "marihuana" do not include industrial hemp, as
89 defined by Missouri statute, or commodities or products manufactured from
90 industrial hemp.
91 (14) "Marijuana accessories" means any equipment, product, material,
92 or combination of equipment, products, or materials, which is specifically
93 designed for use in planting, propagating, cultivating, growing, harvesting,
94 manufacturing, compounding, converting, producing, processing, preparing,
95 testing, analyzing, packaging, repackaging, storing, containing, ingesting,
96 inhaling, or otherwise introducing marijuana into the human body .
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97 (15) "Marijuana facility" means a comprehensive marijuana
9 8 cultivation facility , comprehensive marijuana dispensary facility , marijuana
99 testing facility , comprehensive marijuana-infused products manufacturing
100 facility , microbusiness wholesale facility , microbusiness dispensary facility , or
101 any other type of marijuana-related facility or business licensed or certified by
102 the department pursuant to this section, but shall not include a medical facility
103 licensed under section l of this Article.
104 (16) "Marijuana-infused products" means products that are infused,
105 dipped, coated, sprayed, or mixed with marijuana or an extract thereof,
106 including, but not limited to, products that are able to be vaporized or smoked,
107 edible products, ingestible products, topical products, suppositories, and
108 infused prerolls.
109 (17) "Marijuana microbusiness facility" means a facility licensed by
110 the department as a microbusiness dispensary facility or microbusiness
111 wholesale facility , as defined in this section.
112 (18) "Microbusiness dispensary facility" means a facility licensed by
113 the department to acquire, process, package, store on site or of f site, sell,
114 transport to or from, and deliver marijuana, marijuana seeds, marijuana
115 vegetative cuttings (also known as clones), marijuana-infused products, and
116 drug paraphernalia used to administer marijuana as provided for in this section
117 to a consumer , qualifying patient, as that term is defined in section 1 of this
118 Article, or primary caregiver , as that term is defined in section l of this Article,
119 anywhere on the licensed property or to any address as directed by the
120 consumer , qualifying patient, or primary caregiver and, consistent with the
121 limitations of this Article and as otherwise allowed by law , a microbusiness
122 wholesale facility , or a marijuana testing facility . Microbusiness dispensary
123 facilities may receive transaction orders at the dispensary directly from the
124 consumer in person, by phone, or via the internet, including from a third party .
125 A microbusiness dispensary facility's authority to process marijuana shall
126 include the creation of prerolls.
127 (19) "Microbusiness wholesale facility" means a facility licensed by
128 the department to acquire, cultivate, process, package, store on site or of f site,
129 manufacture, transport to or from, deliver , and sell marijuana, marijuana seeds,
130 marijuana vegetative cuttings (also known as clones), and marijuana-infused
131 products to a microbusiness dispensary facility , other microbusiness wholesale
132 facility , or marijuana testing facility . A microbusiness wholesale facility may
133 cultivate up to 250 flowering marijuana plants at any given time. A
134 microbusiness wholesale facility's authority to process marijuana shall include
135 the creation of prerolls and infused prerolls.
136 (20) "Marijuana testing facility" means a facility certified by the
137 department to acquire, test, certify , and transport marijuana, including those
138 originally certified as a medical marijuana testing facility .
139 (21) "Owner" means an individual who has a financial (other than a
140 security interest, lien, or encumbrance) or voting interest in ten percent or
141 greater of a marijuana facility .
142 (22) "Preroll" means a consumable or smokable marijuana product,
143 generally consisting of: (l) a wrap or paper and (2) dried flower , buds, and/or
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144 plant material. Prerolls may or may not include a filter or crutch at the base of
145 the product.
146 (23) "Unduly burdensome" means that the measures necessary to
147 comply with the rules or ordinances adopted pursuant to this section subject
148 licensees or potential licensees to such a high investment of money , time, or
149 any other resource or asset that a reasonably prudent businessperson would not
150 operate the marijuana facility .
151 3. Limitations.
152 (1) Except as otherwise provided in this Article, this section does not
153 preclude, limit, or af fect laws that assign liability relative to, prohibit, or
154 otherwise regulate:
155 (a) Delivery or distribution of marijuana or marijuana accessories,
156 with or without consideration, to a person younger than twenty-one years of
157 age;
158 (b) Purchase, possession, use, or transport of marijuana or marijuana
159 accessories by a person younger than twenty-one years of age;
160 (c) Consumption of marijuana by a person younger than twenty-one
161 years of age;
162 (d) Operating or being in physical control of any motor vehicle, train,
163 aircraft, motorboat, or other motorized form of transport while under the
164 influence of marijuana. Notwithstanding the foregoing, a conviction of a
165 person who is at least twenty-one years of age for any applicable of fenses shall
166 require evidence that the person was in fact under the influence of marijuana at
167 the time the person was in physical control of the motorized form of transport
168 and not solely on the presence of tetrahydrocannabinol (THC) or THC
169 metabolites, or a combination thereof, in the person's system;
170 (e) Consumption of marijuana while operating or being in physical
171 control of a motor vehicle, train, aircraft, motorboat, or other motorized form
172 of transport while it is being operated;
173 (f) Smoking marijuana within a motor vehicle, train, aircraft,
174 motorboat, or other motorized form of transport while it is being operated;
175 (g) Possession or consumption of marijuana or possession of
176 marijuana accessories on the grounds of a public or private preschool,
177 elementary or secondary school, institution of higher education, in a school
178 bus, or on the grounds of any correctional facility;
179 (h) Smoking marijuana in a location where smoking tobacco is
180 prohibited;
181 (i) Consumption of marijuana in a public place, other than in an area
182 licensed by the authorities having jurisdiction over the licensing and/or
183 permitting of said activity , as set forth in subsection 5 of this section;
184 (j) Conduct that endangers others;
185 (k) Undertaking any task while under the influence of marijuana, if
186 doing so would constitute negligence, recklessness, or professional
1 8 7 malpractice; or
188 (l) Performing solvent-based extractions on marijuana using solvents
189 other than water , glycerin, propylene glycol, vegetable oil, or food-grade
190 ethanol, unless licensed for this activity by the department.
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191 (2) This section does not limit any privileges, rights, immunities, or
192 defenses of a person or entity as provided in section l of this Article, or any
193 other law of this state allowing for or regulating marijuana for medical use.
194 (3) This section does not require an employer to permit or
19 5 accommodate conduct otherwise allowed by this section in any workplace
196 or on the employer's property . This section does not prohibit an employer
197 from disciplining an employee for working while under the influence of
198 marijuana. This section does not prevent an employer from refusing to hire,
199 dischar ging, disciplining, or otherwise taking an adverse employment action
200 against a person with respect to hire, tenure, terms, conditions, or privileges of
201 employment because that person was working while under the influence of
202 marijuana.
203 (4) This section allows an entity to prohibit or otherwise limit the
204 consumption, cultivation, distribution, processing, sale, or display of
2 0 5 marijuana, marijuana-infused products, and marijuana accessories on private
206 property the entity owns, leases, occupies, or manages, except that a lease
207 agreement executed after the effectiv e date of this section may not prohibit a
208 tenant from lawfully possessing and consuming marijuana by means other than
209 smoking.
210 (5) The enactment of this section and all concurrent amendments to
211 section 1 of this Article shall have no ef fect upon any valid contract, claim, or
212 cause of action instituted prior to the effectiv e date of this section.
213 4. Regulation of Marijuana.
214 (1) In carrying out the implementation of this section and as
215 conditioned herein, the department shall have the authority to:
216 (a) Grant or refuse state licenses for the cultivation, manufacture,
217 dispensing, and sale of marijuana; suspend, restrict, or revoke such licenses
218 upon a violation of this section or a rule promulgated pursuant to this section;
219 and impose any reasonable administrative penalty authorized by this section or
220 any general law enacted or rule promulgated pursuant to this section, so long
221 as any procedure related to a suspension or revocation includes a reasonable
222 cure period, not less than thirty days, prior to the suspension or revocation,
223 except in instances where there is a credible and imminent threat to public
224 health or public safety;
225 (b) Promulgate rules and emer gency rules necessary for the proper
226 regulation and control of the cultivation, manufacture, dispensing, and sale of
227 marijuana and for the enforcement of this section so long as such rules are
228 reasonable and not unduly burdensome;
229 (c) Develop such forms, certificates, licenses, identification cards, and
230 applications as are necessary for , or reasonably related to, the administration of
231 this section or any of the rules promulgated under this section;
232 (d) Require a seed-to-sale tracking system that tracks marijuana from
233 either the seed or immature plant stage until the marijuana or marijuana-
234 infused product is sold to a qualified patient, primary caregiver , or consumer to
235 ensure that no marijuana grown by a medical marijuana cultivation facility ,
236 comprehensive marijuana cultivation facility , or microbusiness wholesale
237 facility , or manufactured by a medical marijuana-infused products
2 3 8 manufacturing facility , a comprehensive marijuana-infused products
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239 manufacturing facility , or a microbusiness wholesale facility is sold or
240 otherwise transferred to a consumer , qualified patient, or primary caregiver
241 except by a medical marijuana dispensary facility , a comprehensive dispensary
242 facility , or a microbusiness dispensary facility . The department shall certify all
243 commercially available tracking systems that are compliant with its tracking
244 standards and issue standards for the creation or use of other systems by
245 licensees;
246 (e) Issue standards for the secure transportation of marijuana and
247 marijuana-infused products. The department shall certify entities that
248 demonstrate compliance with its transportation standards to transport
2 4 9 marijuana and marijuana-infused products to or from a comprehensive
250 facility , medical facility , microbusiness facility , another entity with a
25 1 transportation certification, or any entity licensed pursuant to paragraph (g)
252 of this subdivision. The department shall develop or adopt from any other
253 governmental agency such safety and security standards as are reasonably
254 necessary for the transportation and temporary storage of marijuana and
255 marijuana-infused products. Any entity licensed or certified pursuant to this
256 section shall be allowed to transport its own inventory and products in
257 compliance with department transportation rules and store marijuana and
258 marijuana-infused products for the purposes related to transportation in
259 compliance with department regulations on secure storage of marijuana and
260 marijuana-infused products;
261 (f) Promulgate rules and emer gency rules specific to the licensing,
262 regulation, and oversight of marijuana microbusiness facilities;
263 (g) Provide for the issuance of additional types or classes of licenses to
264 operate marijuana-related businesses that:
265 a. Allow for only transportation, delivery , or storage of marijuana; or
266 b. Are intended to facilitate scientific research or education.
267 (h) Prepare and transmit annually a publicly available report
26 8 accounting to the governor , the general assembly , and the public for the
269 ef ficient dischar ge of all responsibilities assigned to the department under this
270 section. The report shall provide aggregate data for each type of license
271 (medical, comprehensive, and microbusiness) and facility (dispensary ,
2 7 2 cultivation, manufacturers, wholesalers). Only non-identifying information
273 shall be provided regarding any marijuana facility owners;
274 (i) Establish a lottery selection process to select comprehensive facility
275 licenses, certificate holders, marijuana microbusiness licensees, but not
276 medical facility licensees that are converting to comprehensive licenses
277 pursuant to this subsection. T o become eligible for any license lottery
278 selection process, an owner cannot have pleaded guilty or been found guilty of
279 a disqualifying felony , as that term is defined in subsection 9 of this section.
280 (j) In developing a lottery selection process to award licenses and
281 certificates, the department may consult or contract with other public agencies
282 with relevant expertise.
283 (k) While not required as a prerequisite to participation in a
284 comprehensive license lottery , every comprehensive license applicant shall
285 submit to the department a voluntary plan to promote and encourage
286 participation in the regulated marijuana industry by people from communities
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287 that have been disproportionately impacted by marijuana prohibition. The
288 plan may include strategies to address geographical defined communities that
289 have been disproportionately impacted by marijuana prohibition; provide for
290 ownership opportunities for disproportionately impacted communities; and
291 provide for employment, supplier , and vendor opportunities for individuals
292 and businesses in communities that have been disproportionately impacted by
293 marijuana prohibition. If licensed, any voluntary applicant plan shall be
294 enforceable by the department.
295 (l) Notwithstanding other grants of authority herein, neither the
296 department nor any governmental body may restrict the production or use of
297 marijuana and marijuana-infused products based solely upon THC content.
298 (m) Set a limit on the amount of marijuana that may be purchased in a
299 single transaction provided that limit is not less than three ounces of dried,
300 unprocessed marijuana, or its equivalent.
301 (n) Regulate the advertising and promotion of marijuana sales, but any
302 such regulation shall be no more stringent than comparable state regulations
303 on the advertising and promotion of alcohol sales.
304 (2) The department shall issue, at a minimum, the same number of
305 comprehensive marijuana cultivation facility licenses as were authorized or
306 issued for medical marijuana cultivation facilities under section 1 of this
307 Article as of December 7, 2022, the same number of comprehensive
308 marijuana-infused products manufacturing facility licenses as were
3 0 9 authorized or issued for medical marijuana-infused products manufacturing
310 facilities under section 1 of this Article as of December 7, 2022, the same
311 number of comprehensive marijuana dispensary facility licenses with the same
312 congressional distribution requirements as were authorized or issued for
313 medical marijuana dispensary facilities under section l of this Article as of
314 December 7, 2022, in addition to the minimum number of marijuana
315 microbusiness licenses as are required under this section. The department may
316 lift or ease any limit on the number of licensees or certificate holders in order
317 to meet the demand for marijuana in the state and to ensure a competitive
318 market while also preventing an over -concentration of marijuana facilities
319 within the boundaries of any particular local government.
320 (3) If comprehensive facility licenses become available because the
321 number of total issued licenses in any respective category falls below the
322 minimum required under this section or the department determines more
323 comprehensive facility licenses are necessary to meet the requirements of
324 subdivision (2) of this subsection, the department shall award by lottery at
325 least fifty percent of any new licenses available to satisfy the minimum
326 requirement to applicants who are owners of a marijuana microbusiness
327 facility that has been in operation for at least one year and is in good standing
328 with the department and is otherwise qualified for the license.
329 (4) The department may issue any rules or emer gency rules necessary
330 for the implementation and enforcement of this section and to ensure the right
331 to, availability , and safe use of marijuana by consumers. In developing such
332 rules or emer gency rules, the department may consult or contract with other
333 public agencies. In addition to any other rules or emer gency rules necessary to
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334 carry out the mandates of this section, the department shall issue rules or
335 emer gency rules relating to the following subjects:
336 (a) Procedures for issuing a license and for renewing, suspending, and
337 revoking a license, so long as any procedure related to a suspension or
338 revocation includes a reasonable cure period, not less than thirty days, prior to
339 the suspension or revocation, except in instances where there is a credible and
340 imminent threat to public health or public safety;
341 (b) Requirements and standards for safe cultivation, processing, and
342 distribution of marijuana and marijuana-infused products by marijuana
343 facilities, including health standards to ensure the safe preparation of
344 marijuana-infused products;
345 (c) T esting, packaging, and labeling standards, procedures, and
346 requirements for marijuana and marijuana-infused products and a requirement
347 that a representative sample of marijuana be tested by a marijuana testing
348 facility to ensure public health;
349 (d) Labeling standards that protect public health by requiring the
350 listing of pharmacologically active ingredients, including, but not limited to,
351 tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid
352 content, the THC and other cannabinoid amount in milligrams per serving,
353 the number of servings per package, and quantity limits per sale to comply
354 with the allowable possession amount;
355 (e) Requirements that packaging and labels shall not be made to be
356 attractive to children, required warning labels, and that marijuana and
357 marijuana-infused products be sold in resealable, child-resistant packaging to
358 protect public health;
359 (f) Security requirements, including lighting, physical security , and
360 alarm requirements, and requirements for securely transporting marijuana
361 between marijuana facilities;
362 (g) Record keeping requirements for marijuana facilities and
3 6 3 monitoring requirements to track the transfer of marijuana by licensees;
364 (h) A plan to promote and encourage ownership and employment in
365 the marijuana industry by people from political subdivisions and districts that
366 are economically distressed and to positively impact those political
3 6 7 subdivisions and districts;
368 (i) Administrative penalties as authorized by this section for failure to
369 comply with any rule promulgated pursuant to this section or for any violation
370 of rules and regulations adopted pursuant to this section by a licensee,
371 including authorized administrative fines and suspension, revocation, or
372 restriction of a license. The licensee may choose to challenge any penalties
373 imposed by the department through the administrative hearing commission, or
374 its successor entity . Pursuant to section 536. l00, RSMo, or its successor
375 provisions, any licensee who has exhausted all administrative remedies
376 provided by law and who is aggrieved by a final decision in a contested case is
377 entitled to judicial review;
378 (j) Reporting and transmittal of tax payments required under this
379 section;
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380 (k) Authorization for the department of revenue to have access to
381 licensing information to ensure tax payment and the effectiv e administration of
382 this section; and
383 (l) Such other matters as are necessary for the fair , impartial, stringent,
384 and comprehensive administration of this section.
385 (5) The department shall issue rules or emer gency rules for a
386 marijuana and marijuana-infused products independent testing and
3 8 7 certification program for marijuana facility licensees and requiring licensees
388 to test marijuana using one or more impartial, independent laboratory or
389 laboratories to ensure, at a minimum, correct labeling, potency measurement,
390 and that products sold for human consumption do not contain contaminants
391 that are potentially injurious to public health.
392 (6) The department shall issue rules or emer gency rules to provide for
393 the certification of and standards for marijuana testing facilities, including the
394 requirements for equipment and qualifications for personnel, but shall not
395 require certificate holders to have any federal agency licensing or have any
396 relationship with a federally licensed testing facility . No marijuana testing
397 facility shall be owned by an entity or entities under substantially common
398 control, ownership, or management as a marijuana cultivation facility ,
399 marijuana-infused products manufacturing facility , marijuana microbusiness
400 facility , or marijuana dispensary facility .
401 (7) All public records produced or retained pursuant to this section are
402 subject to the general provisions of the Missouri Sunshine Law , chapter 610,
403 RSMo, or its successor provisions. Notwithstanding the foregoing, public
404 records containing proprietary business information obtained from an
4 0 5 applicant or licensee shall be closed. The applicant or licensee shall label
406 business information it believes to be proprietary prior to submitting it to the
407 department. Proprietary business information shall include sales information,
408 financial records, tax returns, credit reports, license applications, cultivation
409 information unrelated to product safety , testing results unrelated to product
410 safety , site security information and plans, and individualized consumer
411 information. The presence of proprietary business information shall not justify
412 the closure of public records:
413 (a) Identifying the applicant or licensee;
414 (b) Relating to any citation, notice of violation, tax delinquency , or
415 other enforcement action;
416 (c) Relating to any public of ficial's support or opposition relative to
417 any applicant, licensee, or their proposed or actual operations;
418 (d) Where disclosure is reasonably necessary for the protection of
419 public health or safety; or
420 (e) That are otherwise subject to public inspection under applicable
421 law .
422 (8) W ithin one hundred and eighty days of the effectiv e date of this
423 section, the department shall make available to the public license application
424 forms and application instructions for marijuana microbusiness facilities.
425 W ithin two hundred and seventy days of the effectiv e date of this section, the
426 department shall start accepting such applications from applicants.
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427 (9) An entity may apply to the department for and obtain one or more
428 licenses to grow marijuana as a comprehensive marijuana cultivation facility .
429 Each facility in operation shall require a separate license, but multiple licenses
430 may be utilized in a single facility . Each indoor facility utilizing artificial
431 lighting may be limited by the department to thirty thousand square feet of
432 flowering plant canopy space. Each outdoor facility utilizing natural lighting
433 may be limited by the department to two thousand eight hundred flowering
434 plants. Each greenhouse facility using a combination of natural and artificial
435 lighting may be limited by the department, at the election of the licensee, to
436 two thousand eight hundred flowering plants or thirty thousand square feet of
437 flowering plant canopy . The license shall be valid for three years from its date
438 of issuance and shall be renewable, except for good cause. The department
439 shall char ge each applicant a non-refundable fee of twelve thousand dollars per
440 license application or renewal for all applicants filing an application within
441 three years of the ef fective date of this section and shall char ge each applicant
442 a non-refundable fee of five thousand dollars per license application or
443 renewal thereafter . Once granted, the department shall char ge each licensee an
444 annual fee of twenty-five thousand dollars per facility license. Application
445 and license fees shall be increased or decreased each year by the percentage of
446 increase or decrease from the end of the previous calendar year of the
447 Consumer Price Index, or successor index as published by the U.S.
44 8 Department of Labor , or its successor agency . An entity may not be an
449 owner of more than ten percent of the total marijuana cultivation facility
450 licenses outstanding under both sections 1 and 2 of this Article at any given
451 time, rounded down to the nearest whole number .
452 (10) An entity may apply to the department for and obtain one or more
453 licenses to operate a comprehensive marijuana dispensary facility . Each
454 facility in operation shall require a separate license. A license shall be valid
455 for three years from its date of issuance and shall be renewable, except for
456 good cause. The department shall char ge each applicant a non-refundable fee
457 of seven thousand dollars per license application or renewal for each applicant
458 filing an application within three years of the effective date of this section and
459 shall char ge each applicant a non-refundable fee of three thousand dollars per
460 license application or renewal thereafter . Once granted, the department shall
461 char ge each licensee an annual fee of ten thousand dollars per facility license.
462 Application and license fees shall be increased or decreased each year by the
463 percentage of increase or decrease from the end of the previous calendar year
464 of the Consumer Price Index, or successor index as published by the U.S.
465 Department of Labor , or its successor agency . An entity may not be an owner
466 of more than ten percent of the total marijuana dispensary facility licenses
467 outstanding under both sections l and 2 of this Article at any given time,
468 rounded down to the nearest whole number .
469 (1 1) An entity may apply to the department for and obtain one or more
470 licenses to operate a comprehensive marijuana-infused products
4 7 1 manufacturing facility . Each facility in operation shall require a separate
472 license. A license shall be valid for three years from its date of issuance and
473 shall be renewable, except for good cause. The department shall char ge each
474 applicant a non-refundable fee of seven thousand dollars per license
HJR 106 39
475 application or renewal for each applicant filing an application within three
476 years of the ef fective date of this section and shall char ge each applicant a non-
477 refundable fee of three thousand dollars per license application or renewal
478 thereafter . Once granted, the department shall char ge each licensee an annual
479 fee of ten thousand dollars per facility license. Application and license fees
480 shall be increased or decreased each year by the percentage of increase or
481 decrease from the end of the previous calendar year of the Consumer Price
482 Index, or successor index as published by the U.S. Department of Labor , or its
483 successor agency . An entity may not be an owner of more than ten percent of
484 the total marijuana-infused products manufacturing facility licenses
4 8 5 outstanding under both sections l and 2 of this Article at any given time,
486 rounded down to the nearest whole number .
487 (12) An entity may apply to the department for and obtain only one
488 license to operate a marijuana microbusiness facility , which may be either a
489 microbusiness dispensary facility or a microbusiness wholesale facility . A
490 marijuana microbusiness facility licensee may engage in all of the activities
491 allowed under the license or it may apply for and engage in a subset of the
492 activities allowed if the applicant or license holder so chooses. A
4 9 3 microbusiness wholesale facility may cultivate, process, manufacture,
4 9 4 transport, and sell marijuana and marijuana-infused products to any other
495 marijuana microbusiness facility . A microbusiness dispensary facility licensee
496 may acquire from any other microbusiness facility , process, package, deliver ,
497 and sell marijuana and marijuana-infused products to any other marijuana
498 microbusiness facility , or directly to qualified patients, their primary caregiver ,
499 or consumers. A marijuana microbusiness license shall be valid for three years
500 from its date of issuance and shall be renewable, except for good cause. The
501 department shall char ge each applicant a fee of one thousand five hundred
502 dollars per license application and for each subsequent license renewal
503 application thereafter . Any applicant that meets the criteria to apply for a
504 marijuana microbusiness facility license but is not chosen by the lottery
505 system may have their application fee refunded. Once granted, the department
506 shall char ge each licensee an annual fee of one thousand five hundred dollars
507 per facility license, but there shall be no annual fee assessed for the first year
508 of licensure. Application and license fees shall be increased or decreased each
509 year by the percentage of increase or decrease from the end of the previous
510 calendar year of the Consumer Price Index, or successor index as published by
511 the U.S. Department of Labor , or its successor agency . An entity may not be
512 an owner of more than one marijuana microbusiness facility license. An
513 owner of a marijuana microbusiness facility may not also be an owner of
514 another licensed marijuana facility or medical facility regulated under this
515 Article. However , the owner of a marijuana microbusiness facility may apply
516 for a license or licenses for other marijuana or medical marijuana facilities
517 under this Article. If granted one or more of these licenses, the marijuana
518 microbusiness facility owner shall transition to other licensed operations on a
519 reasonably practical timetable established by the department, and surrender its
520 marijuana microbusiness facility license to the department for issuance to an
521 applicant for a marijuana microbusiness facility . In addition to other
522 requirements established by this section, an applicant for a marijuana
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523 microbusiness license shall be majority owned by individuals who each meet
524 at least one of the following qualifications:
525 (a) Have a net worth of less than $250,000 and have had an income
526 below two hundred and fifty percent of the federal poverty level, or successor
527 level, as set forth in the applicable calendar year's federal poverty income
528 guidelines published by the U.S. Department of Health and Human Services or
529 its successor agency , for at least three of the ten calendar years prior to
530 applying for a marijuana microbusiness facility license; or
531 (b) Have a valid service-connected disability card issued by the United
532 States Department of V eterans Af fairs, or successor agency; or
533 (c) Be a person who has been, or a person whose parent, guardian or
534 spouse has been arrested for , prosecuted for , or convicted of a non-violent
535 marijuana of fense, except for a conviction involving provision of marijuana to
536 a minor , or a conviction of driving under the influence of marijuana. The
537 arrest, char ge, or conviction must have occurred at least one year prior to the
538 ef fective date of this section; or
539 (d) Reside in a ZIP code or census track area where:
540 a. Thirty percent or more of the population lives below the federal
541 poverty level; or
542 b. The rate of unemployment is fifty percent higher than the state
543 average rate of unemployment; or
544 c. The historic rate of incarceration for marijuana-related of fenses is
545 fifty percent higher than the rate for the entire state; or
546 (e) Graduated from a school district that was unaccredited, or had a
547 similar successor designation, at the time of graduation, or has lived in a zip
548 code containing an unaccredited school district, or similar successor
5 4 9 designation, for three of the past five years.
550 (13) The department may restrict the aggregate number of licenses
551 granted for marijuana microbusiness facilities, provided, however , that the
552 number may not be limited to fewer than the following number of licenses in
553 each United States congressional district in the state of Missouri pursuant to
554 the map of each of the eight congressional districts as drawn and ef fective on
555 December 6, 2018:
556 (a) Six, once the department begins issuing licenses for marijuana
557 microbusiness facilities under this subsection, at least two of which shall be a
558 microbusiness dispensary facility , and at least four of which will be a
559 microbusiness wholesale facility . The department shall issue the first group of
560 microbusiness licenses no later than three hundred days after the ef fective date
561 of this section;
562 (b) An additional six following the first two hundred and seventy days
563 after the department begins issuing licenses for marijuana microbusiness
564 facilities under this subsection, at least two of which shall be a microbusiness
565 dispensary facility , and at least four of which will be a microbusiness
566 wholesale facility , but only after the chief equity of ficer , or his or her designee,
567 conducts a review and certifies that previous microbusiness licenses were
568 awarded to and are being operated by eligible applicants in good standing; and
569 (c) An additional six after the first five hundred and forty-eight days
570 after the department begins issuing licenses for marijuana microbusiness
HJR 106 41
571 facilities under this subsection, at least two of which shall be a microbusiness
572 dispensary facility , and at least four of which will be a microbusiness
573 wholesale facility , but only after the chief equity of ficer , or his or her designee,
574 conducts a review and certifies that previous microbusiness licenses were
575 awarded to and are being operated in good standing by eligible applicants.
576 Future changes to the boundaries or the number of congressional
577 districts shall have no impact on microbusiness license numbers or
5 7 8 distribution. The eligibility review set forth in this subdivision shall be
579 conducted by the chief equity of ficer within sixty days of issuance of the
580 licenses. The chief equity officer shall publish in a manner available to the
581 public the results of the review that contains only aggregate information on
582 licensee eligibility criteria.
583 (14) W ithin 60 days after the ef fective date of this section, the
584 department shall appoint a chief equity officer . The chief equity of ficer shall
585 assist with the development and implementation of programs to inform the
586 public of the opportunities available to those people who meet the criteria set
587 forth in paragraph (12) of this subsection. The chief equity of ficer shall
588 establish public education programming and tar geted technical assistance
589 programming dedicated to providing communities that have been impacted by
590 marijuana prohibition with information detailing the licensing process and
591 informing individuals of the support and resources that the of fice can provide
592 to individuals and entities interested in participating in activity licensed under
593 this Article. The chief equity of ficer shall provide a report to the department,
594 no later than January l, 2024, and annually thereafter , of their and the
595 department's activities in ensuring compliance with the applicant criteria set
596 forth in paragraph (12) of this subsection, and the department shall provide
597 such report to the legislature. The chief equity of ficer may only be removed
598 for cause and the department shall not interfere with the of ficer's lawful
599 of ficial activities under this section.
600 (15) Any medical marijuana cultivation facility , medical marijuana
601 dispensary facility , and medical marijuana-infused products manufacturing
602 facility , holding an active facility license under section 1 of this Article shall
603 have the right to convert their license to a comprehensive marijuana license,
604 and any entity certified by the department to conduct medical marijuana
605 testing, transportation or seed-to-sale tracking, as of the ef fective date of this
606 section shall be deemed certified to conduct those activities with respect to all
607 marijuana;
608 (16) Upon the ef fective date of this section, any existing medical
609 facility licensee may request its medical facility license convert to that of a
610 comprehensive facility license. Conversion requests not processed within
611 sixty days of department receipt shall be deemed approved.
612 (17) W ith the exception of microbusiness licenses, and consistent with
613 any limitations set forth in this section, for the first five hundred and forty-
614 eight days after the department begins issuing licenses for marijuana facilities
615 under this section, the department may only issue a license:
616 (a) For a comprehensive marijuana cultivation facility to an entity
617 holding a medical marijuana cultivation facility license issued pursuant to
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618 section l of this Article seeking to convert its licensure to that of a
619 comprehensive marijuana cultivation facility at the same location;
620 (b) For a comprehensive marijuana dispensary facility to an entity
621 holding a medical marijuana dispensary facility license issued pursuant to
622 section 1 of this Article seeking to convert its licensure to that of a
623 comprehensive marijuana dispensary facility at the same location; and
624 (c) For a comprehensive marijuana-infused products manufacturing
625 facility to an entity holding a medical marijuana-infused products
6 2 6 manufacturing facility license issued pursuant to section l of this Article
627 seeking to convert its licensure to that of a comprehensive marijuanainfused
628 products manufacturing facility at the same location.
629 (18) The department shall issue a license to each request for a
630 conversion to a comprehensive marijuana facility license pursuant to
63 1 subdivision (15) of this subsection if the applicant is in good standing with
632 the department.
633 (19) Notwithstanding the provisions of section 1 of this Article, if an
634 existing medical marijuana dispensary facility is located in a jurisdiction that
635 prohibits non-medical retail marijuana facilities under this section, or is
636 otherwise prevented from operating a comprehensive marijuana dispensary
637 facility at the same location as the existing medical marijuana dispensary
638 facility , the medical marijuana dispensary facility may apply to the department
639 for a comprehensive marijuana dispensary license pursuant to subdivision (15)
640 of this subsection in a new location within the same congressional district, and
641 such application shall be granted so long as the new location meets all the
642 requirements of this section and department regulations.
643 (20) In addition to the foregoing, if the department has reason to
644 believe that the conversion of a medical facility into a comprehensive facility
645 might limit or restrict access to an adequate supply of marijuana and
646 marijuana-infused products at a reasonable cost to qualifying patients, as
647 defined in section l of this Article, the department may request a plan from the
648 medical facility licensee which explains how the applicant would serve both
649 the medical and adult-use markets, while maintaining adequate supply at a
650 reasonable cost to qualifying patients.
651 (21) Comprehensive marijuana facilities licensed to distribute
65 2 marijuana, marijuana-infused products, and marijuana accessories directly to
653 consumers pursuant to this section may also distribute marijuana, marijuana-
654 infused products, and marijuana accessories to qualifying patients and primary
655 caregivers consistent with section 1 of this Article and department regulation.
656 (22) The department may char ge a fee not to exceed two thousand five
657 hundred dollars for any certification issued pursuant to this section. This fee
658 limitation shall be increased or decreased each year by the percentage of
659 increase or decrease from the end of the previous calendar year of the
660 Consumer Price Index, or successor index as published by the U.S.
66 1 Department of Labor , or its successor agency .
662 (23) W ithin thirty days of December 8, 2022, the department shall
663 make available to the public application forms and application instructions for
664 personal cultivation registration cards. W ithin sixty days of December 8,
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665 2022, the department shall begin accepting applications for such registration
666 cards.
667 (24) Except for good cause, a person at least twenty-one years of age
668 may obtain a registration card from the department to cultivate up to six
669 flowering marijuana plants, six nonflowering marijuana plants (over fourteen
670 inches tall), and six clones (plants under fourteen inches tall) for non-
671 commercial use, provided:
672 (a) The plants and any marijuana produced by the plants in excess of
673 three ounces are kept at one private residence, are in a locked space, and are
674 not visible by normal, unaided vision from a public place; and
675 (b) Not more than twelve flowering marijuana plants are kept in or on
676 the grounds of a private residence at one time.
677 The card shall be valid for twelve months from its date of issuance and
678 shall be renewable. The department shall char ge an annual fee for the card of
679 one hundred dollars, with such rate to be increased or decreased each year by
680 the percentage of increase or decrease from the end of the previous calendar
681 year of the Consumer Price Index, or successor index as published by the U.S.
682 Department of Labor , or its successor agency .
683 (25) All marijuana sold in Missouri pursuant to this section shall be
684 cultivated in Missouri.
685 (26) All marijuana-infused products sold in Missouri pursuant to this
686 section shall be manufactured in Missouri.
687 (27) The denial of a license or license renewal by the department shall
688 be appealable. The applicant may choose to challenge any denial by the
689 department through the administrative hearing commission, or successor
690 entity . Pursuant to section 536.l00, RSMo, or its successor provisions, any
691 licensee who has exhausted all administrative remedies provided by law and
692 who is aggrieved by a final decision in a contested case is entitled to judicial
693 review .
694 (28) No elected of ficial shall interfere directly or indirectly with the
695 department's obligations and activities under this section.
696 (29) T o minimize the potential for undue political influence in
697 awarding licenses, the department shall review license applications using
698 reasonable safeguards that ensure the identity of the applicant and its principal
699 owners, of ficers, and managers are not identified to the application reviewer .
700 (30) T o ensure the consistent protection of public health and public
701 safety , the department shall have the sole authority within the state of Missouri
702 to issue licenses for marijuana facilities and certifications pursuant to this
703 section.
704 (31) The department shall not have the authority to promulgate, apply ,
705 or enforce any rule or regulation that is unduly burdensome or act to
706 undermine the purposes of this section.
707 5. Local Control.
708 (1) (a) Except as provided in this subsection, a local government may
709 prohibit the operation of all microbusiness dispensary facilities or
7 1 0 comprehensive marijuana dispensary facilities regulated under this section
711 from being located within its jurisdiction either through referral of a ballot
712 question to the voters by the governing body or through citizen petition,
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713 provided that citizen petitions are otherwise generally authorized by the laws
714 of the local government. Such a ballot question shall be voted on only during
715 the regularly scheduled general election held on the first T uesday after the first
716 Monday in November of a presidential election year , starting in 2024, thereby
717 minimizing additional local governmental cost or expense. A citizen petition
718 to put before the voters a ballot question prohibiting microbusiness dispensary
719 facilities or comprehensive marijuana dispensary facilities shall be signed by
720 at least five percent of the qualified voters in the area proposed to be subject to
721 the prohibition, determined on the basis of the number of votes cast for
722 governor in such locale at the last gubernatorial election held prior to the filing
723 of the petition. The local government shall count the petition signatures and
724 give legal notice of the election as provided by applicable law . Denial of ballot
725 access shall be subject to judicial review .
726 (b) Whether submitted by the governing body or by citizen's petition,
727 the question shall be submitted in the following form: "Shall (insert name of
728 local government) ban all non-medical microbusiness dispensary facilities and
729 comprehensive marijuana dispensary facilities from being located within
730 (insert name of local government and, where applicable, its "unincorporated
731 areas") and forgo any additional related local tax revenue? ( ) Y es ( ) No." If at
732 least sixty percent of the votes cast on the question by the qualified voters
733 voting thereon are in favor of the question, then the ban shall go into ef fect as
734 provided by law . If a question receives less than the required sixty percent,
735 then the jurisdiction shall have no power to ban non-medical microbusiness
736 dispensary facilities or comprehensive marijuana facilities regulated under this
737 section, unless voters at a subsequent general election on the first T uesday
738 after the first Monday in November of a presidential election year approve a
739 ban on non-medical retail marijuana facilities submitted to them by the
740 governing body or by citizen petition.
741 (2) (a) A local government may repeal an existing ban by its own
742 ordinance or by a vote of the people, either through referral of a ballot question
743 to the voters by the governing body or through citizen petition, provided that
744 citizen petitions are otherwise generally authorized by the laws of the local
745 government. In the case of a referral of a ballot question by the governing
746 body or citizen petition to repeal an existing ban, the question shall be voted
747 on only during the regularly scheduled general election held on the first
748 T uesday after the first Monday in November of a presidential election year . A
749 citizen petition to put before the voters a ballot question repealing an existing
750 ban shall be signed by at least five percent of the qualified voters in the area
751 subject to the ban, determined on the basis of the number of votes cast for
752 governor in such locale at the last gubernatorial election held prior to the filing
753 of the petition. The local government shall count the petition signatures and
754 give legal notice of the election as provided by applicable law . Denial of ballot
755 access shall be subject to judicial review .
756 (b) Whether submitted by the governing body or by citizen's petition,
757 the question shall be submitted in the following form: "Shall (insert name of
758 local government) allow non-medical microbusiness dispensary facilities and
759 comprehensive marijuana dispensary facilities to be located within (insert
760 name of local government and where applicable, its "unincorporated areas") as
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761 regulated by state law? ( ) Y es ( ) No." If a majority of the votes cast on the
762 question by the qualified voters voting thereon are in favor of the question,
763 then the ban shall be repealed.
764 (3) The only local government ordinances and regulations that are
765 binding on a marijuana facility are those of the local government where the
766 marijuana facility is located.
767 (4) Unless allowed by the local government, no new marijuana facility
768 shall be initially sited within one thousand feet of any then-existing elementary
769 or secondary school, child day-care center , or church. In the case of a
770 freestanding facility , the distance between the facility and the school, daycare,
771 or church shall be measured from the external wall of the facility structure
772 closest in proximity to the school, daycare, or church to the closest point of the
773 property line of the school, daycare, or church. If the school, daycare, or
774 church is part of a lar ger structure, such as an office building or strip mall, the
775 distance shall be measured to the entrance or exit of the school, daycare, or
776 church closest in proximity to the facility . In the case of a facility that is part
777 of a lar ger structure, such as an of fice building or strip mall, the distance
778 between the facility and the school, daycare, or church shall be measured from
779 the property line of the school, daycare, or church to the facility's entrance or
780 exit closest in proximity to the school, daycare, or church. If the school,
781 daycare, or church is part of a lar ger structure, such as an of fice building or
782 strip mall, the distance shall be measured to the entrance or exit of the school,
783 daycare, or church closest in proximity to the facility . Measurements shall be
784 made along the shortest path between the demarcation points that can be
785 lawfully traveled by foot.
786 (5) Except as otherwise provided in this subsection, no local
787 government shall prohibit marijuana facilities or entities with a transportation
788 certification either expressly or through the enactment of ordinances or
789 regulations that make their operation unduly burdensome in the jurisdiction.
790 However , local governments may enact ordinances or regulations not in
791 conflict with this section, or with regulations enacted pursuant to this section,
792 governing the time, place, and manner of operation of such facilities in the
793 locality . A local government may establish civil penalties for violation of an
794 ordinance or regulations governing the time, place, and manner of operation of
795 a marijuana facility or entity holding a transportation certification that may
796 operate in such locality .
797 (6) Local governments may enact ordinances or regulations not in
798 conflict with this section, or with regulations enacted pursuant to this section,
799 governing:
800 (a) The time and place where marijuana may be smoked in public
801 areas within the locality; and
802 (b) The consumption of marijuana-infused products within designated
803 areas, including the preparation of culinary dishes or beverages by local
804 restaurants for on-site consumption on the same day it is prepared.
805 6. T axation and Reporting.
806 (1) A tax shall be levied upon the retail sale of non-medical marijuana
807 sold to consumers at marijuana facilities licensed pursuant to this section
808 within the state. The tax shall be at a rate of six percent of the retail price. The
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809 tax shall be collected by each licensed retail marijuana facility and paid to the
810 department of revenue. After retaining no more than two percent of the total
811 tax collected or its actual collection costs, whichever is less, amounts
812 generated by the marijuana tangible personal property retail sales tax levied in
813 this section shall be deposited by the department of revenue into the veterans,
814 health, and community reinvestment fund created under this subsection.
815 Licensed entities making non-medical retail sales within the state shall be
816 allowed approved credit for returns provided the tax was paid on the returned
817 item and the purchaser was given the refund or credit. This tax shall not apply
818 to medical marijuana dispensed to a registered qualifying patient or caregiver .
819 (2) There is hereby created in the state treasury the "V eterans, Health,
820 and Community Reinvestment Fund" which shall consist of taxes and fees
821 collected under this section. The state treasurer shall be custodian of the fund,
822 and he or she shall invest monies in the fund in the same manner as other funds
823 are invested. Any interest and moneys earned on such investments shall be
824 credited to the fund. Notwithstanding any other provision of law , any monies
825 remaining in the fund at the end of a biennium shall not revert to the credit of
826 the general revenue fund. The commissioner of administration is authorized to
827 make cash operating transfers to the fund for purposes of meeting the cash
828 requirements of the department in advance of it receiving application,
829 licensing, and tax revenue, with any such transfers to be repaid as provided by
830 law . The fund shall be a dedicated fund and shall be distributed as follows:
831 (a) First, as determined by appropriation, to the department an amount
832 necessary for the department to carry out its responsibilities under this section,
833 including repayment of any cash operating transfers, payments made through
834 contract or agreement with other state and public agencies necessary to carry
835 out this section, and a reserve fund to maintain a reasonable working cash
836 balance for the purpose of carrying out this section;
837 (b) Second, as determined by appropriation, to governmental entities
838 in amounts necessary for carrying out responsibilities in the expungement of
839 criminal history records under this section;
840 (c) Next, the remaining fund balance shall be distributed in thirds as
841 follows:
842 a. One-third of the remainder of the fund balance shall be transferred
843 to the Missouri veterans commission and allied state agencies, as determined
844 by appropriation, exclusively for health care and other services for military
845 veterans and their dependent families;
846 b. One-third of the remainder of the fund balance to the department to
847 provide grants to agencies and not-for- profit orga nizations, whether
8 4 8 government or community-based, to increase access to evidence-based low-
849 barrier drug addiction treatment, prioritizing medically proven treatment and
850 overdose prevention and reversal methods and public or private treatment
851 options with an emphasis on reintegrating recipients into their local
8 5 2 communities, to support overdose prevention education, and to support job
853 placement, housing, and counseling for those with substance use disorders.
854 Agencies and or ganizations serving populations with the highest rates of drug-
855 related overdose shall be prioritized to receive the grants; and
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856 c. One-third of the remainder of the fund balance to the Missouri
857 public defender system. Any moneys credited to the Missouri public defender
858 system shall be used only for legal assistance for low-income Missourians,
859 shall not be diverted to any other purpose.
860 (d) All monies from the taxes and fees authorized hereunder shall
861 provide new and additional funding for the purposes enumerated above and
862 shall not replace existing funding.
863 (e) The unexpended balance existing in the fund shall be exempt from
864 the provisions of section 33.080, RSMo, or its successor provisions, relating to
865 the transfer of unexpended balances to the general revenue fund.
866 (3) For all retail sales of marijuana, a record shall be kept by the seller
867 of all amounts and types of marijuana involved in the sale and the total amount
868 of money involved in the sale, including itemizations, taxes collected, and
869 grand total sale amounts. All such records shall be kept on the premises in a
870 readily available format and be made available for review by the department
871 and the department of revenue upon request. Such records shall be retained for
872 five years from the date of the sale.
873 (4) The tax levied pursuant to this subsection is separate from and in
874 addition to any general state and local sales and use taxes that apply to retail
875 sales, which shall continue to be collected and distributed as provided by
876 general law .
877 (5) Pursuant to Article III, Section 49 of this Constitution, the
878 governing body of any local government is authorized to impose, by ordinance
879 or order , an additional sales tax in an amount not to exceed three percent on all
880 tangible personal property retail sales of adult use marijuana sold in such
881 political subdivision. The tax authorized by this paragraph shall be in addition
882 to any and all other tangible personal property retail sales taxes allowed by
883 law , except that no ordinance or order imposing a tangible personal property
884 retail sales tax under the provisions of this paragraph shall be ef fective unless
885 the governing body of the political subdivision submits to the voters of the
886 political subdivision, at a municipal, county or state general, primary or special
887 election, a proposal to authorize the governing body of the political
88 8 subdivision to impose a tax. Any additional local retail sales tax shall be
889 collected pursuant to general laws for the collection of local sales taxes.
890 (6) Except as authorized in this Article, no additional taxes shall be
891 imposed on the sale of marijuana.
892 (7) The fees and taxes provided for in this section shall be fully
893 enforceable notwithstanding any other provision in this Constitution
8 9 4 purportedly prohibiting or restricting the taxes and fees provided for herein.
895 (8) For taxpayers authorized to do business pursuant to this Article, the
896 amount that would have been deducted in the computation of federal taxable
897 income pursuant to 26 U.S.C. Section 280E of the Internal Revenue Code as in
898 ef fect on January 1, 2021, or successor provisions, but is disallowed because
899 cannabis is a controlled substance under federal law , shall be subtracted from
900 the taxpayer's federal adjusted gross income, in determining the taxpayer's
901 Missouri adjusted gross income.
902 7. Additional Protections.
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903 (1) A marijuana testing facility shall not be subject to civil or criminal
904 prosecution under Missouri law , denial of any right or privilege, civil or
905 administrative penalty or sanction, or disciplinary action by any accreditation
906 or licensing board or commission for providing laboratory testing services that
907 relate to marijuana consistent with this section and otherwise meeting legal
908 standards of professional conduct.
909 (2) Notwithstanding any provision of Article V to the contrary , an
910 attorney shall not be subject to disciplinary action by the Supreme Court of
911 Missouri, the office of chief disciplinary counsel, the state bar association, any
912 state agency or any professional licensing body for any of the following:
913 (a) Owning, operating, investing in, being employed by , or contracting
914 with prospective or licensed marijuana testing facilities, marijuana cultivation
915 facilities, marijuana dispensary facilities, marijuana-infused products
9 1 6 manufacturing facilities, marijuana microbusiness facilities, or transportation
917 certificate holders;
918 (b) Counseling, advising, and/or assisting a client in conduct permitted
919 by Missouri law that may violate or conflict with federal or other law , as long
920 as the attorney advises the client about that federal or other law and its
921 potential consequences;
922 (c) Counseling, advising, and/or assisting a client in connection with
923 applying for , owning, operating, or otherwise having any legal, equitable, or
924 beneficial interest in marijuana testing facilities, marijuana cultivation
92 5 facilities, marijuana dispensary facilities, marijuana-infused products
9 2 6 manufacturing facilities, marijuana microbusiness facilities, or transportation
927 certificates; or
928 (d) Counseling, advising or assisting a qualifying patient, primary
929 caregiver , physician, nurse practitioner , health care provider , consumer , or
930 other client related to activity that is no longer subject to criminal penalties
931 under Missouri law pursuant to this Article.
932 (3) Actions and conduct by marijuana facilities licensed or otherwise
933 certified by the department, or their employees or agents, as permitted by this
934 section and in compliance with department regulations and other standards of
935 legal conduct, shall not be subject to criminal or civil liability or sanctions
936 under Missouri law , except as provided for by this section.
937 (4) The department may not promulgate a rule that requires a
938 consumer to provide a marijuana facility with identifying information other
939 than identification to determine the consumer's age.
940 (5) It is the public policy of the state of Missouri that contracts related
941 to marijuana that are entered into by marijuana facilities and those who allow
942 property to be used by those entities should be enforceable. It is the public
943 policy of the state of Missouri that no contract entered into by marijuana
944 facilities, or by a person who allows property to be used for activities that are
945 exempt from state criminal penalties by this section, shall be unenforceable on
946 the basis that activities related to marijuana may be prohibited by federal law .
947 (6) Prior to requesting a search or arrest warrant relating to cultivation
948 of marijuana plants, a state or local law enforcement of ficial shall verify with
949 the department whether the tar geted person holds a registration card allowing
950 for cultivation of flowering marijuana plants under this section, and shall
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951 inform the issuing authority when making the warrant request. Evidence of
952 marijuana alone, without specific evidence indicating that the marijuana is
953 outside of what is lawful for medical or adult use, cannot be the basis for a
954 search of a patient or non-patient, including their home, vehicle or other
955 property . Lawful marijuana related activities cannot be the basis for a
956 violation of parole, probation, or any type of supervised release. State and
957 local law enforcement shall have access to such department information as is
958 necessary to confirm whether the tar geted person holds a registration card.
959 Each time a state or local law enforcement of ficer executes a search warrant
960 authorizing entry upon premises for an alleged marijuana of fense, the of ficer
961 must first knock or announce their presence or purpose prior to entering the
962 premises.
963 (7) (a) After executing a search warrant for an alleged marijuana
964 of fense, or conducting a warrantless search for an alleged marijuana offense,
965 the of ficer shall report the following information to the agency that employs
966 the of ficer:
967 a. The reasons for the warrant or , in the case of a warrantless search, a
968 detailed account of either the probable cause or exigent circumstances, if any ,
969 which lead to the warrantless search;
970 b. Whether any marijuana was discovered during the course of the
971 search;
972 c. Whether any marijuana was seized during the search, and if so, the
973 amount seized;
974 d. Whether any other contraband was discovered or seized in the
975 course of the search, and if seized, a description of the contraband;
976 e. A description of the tactics used by law enforcement to enter the
977 property;
978 f. Whether an arrest was made as a result of the search; and
979 g. If an arrest was made, the crime suspected.
980 (b) Each law enforcement agency shall compile the data described in
981 paragraph (a) of this subdivision for the calendar year into a report and shall
982 submit the report to the attorney general no later than March first of the
983 following calendar year . The attorney general shall determine the format that
984 all law enforcement agencies shall use to submit the report.
985 (c) The attorney general shall submit a summary of the annual reports
986 of law enforcement agencies to the governor , the general assembly , and each
987 law enforcement agency no later than June first of each year . The summary
988 shall include the total number of such warrants executed by each agency in the
989 previous calendar year for alleged marijuana of fenses, and a compilation of the
990 information reported by law enforcement agencies pursuant to paragraph (b) of
991 this subdivision.
992 8. Legislation.
993 Nothing in this section shall limit the general assembly from enacting
994 laws consistent with the purposes and provisions of this section.
995 9. Additional Provisions.
996 (1) No owner of a marijuana facility or entity with a transportation
997 certification shall be an individual with a disqualifying felony of fense. A
998 "disqualifying felony offense" is a violation of, and conviction or guilty plea
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999 to, state or federal law that is, or would have been, a felony under Missouri
1000 law , regardless of the sentence imposed, unless the department determines
1001 that:
1002 (a) The person's conviction was for a marijuana of fense that has been
1003 expunged or is currently eligible for expungement under this section; or
1004 (b) The person's conviction was for a non-violent crime for which he
1005 or she was not incarcerated and that is more than five years old; or
1006 (c) More than five years have passed since the person was released
1007 from parole or probation, and he or she has not been convicted of any
1008 subsequent felony criminal of fenses.
1009 The department may consult with and rely on the records, advice, and
1010 recommendations of the attorney general and the department of public safety ,
1011 or their successor entities, in carrying out the provisions of this subdivision.
1012 (2) Owners licensed pursuant to this section shall submit fingerprints
1013 to the Missouri state highway patrol for the purpose of conducting a state and
1014 federal fingerprint-based criminal record check in accordance with U.S. Public
1015 Law 92-544, or its successor provisions. The Missouri state highway patrol, if
1016 necessary , shall forward the fingerprints to the Federal Bureau of Investigation
1017 (FBI) for the purpose of conducting a fingerprint-based criminal background
1018 check. Fingerprints shall be submitted pursuant to section 43.543, RSMo, or
1019 its successor provisions, and fees shall be paid pursuant to section 43.530,
1020 RSMo, or its successor provisions. Unless otherwise required by law , no
1021 individual shall be required to submit fingerprints more than once.
1022 (3) No marijuana facility shall manufacture, package, or label
1023 marijuana or marijuana-infused products in a false or misleading manner . No
1024 person shall sell any product in a manner designed to cause confusion between
1025 marijuana or a marijuana-infused product and any product not containing
1026 marijuana. A violation of this subdivision shall be punishable by an
1027 appropriate and proportional department sanction, up to and including an
1028 administrative penalty of five thousand dollars and loss of license.
1029 (4) No marijuana facility may sell edible marijuana-infused candy in
1030 shapes or packages that are attractive to children or that are easily confused
1031 with commercially sold candy that does not contain marijuana. A violation of
1032 this subdivision shall be punishable by an appropriate and proportional
1033 department sanction, up to and including an administrative penalty of five
1034 thousand dollars and loss of license.
1035 (5) All marijuana and marijuana-infused products shall be sold in
1036 individual, child-resistant containers that are labeled with serving amounts,
1037 instructions for use, and estimated length of effectiv eness. All marijuana and
1038 marijuana-infused products shall be sold in containers clearly and
1 0 3 9 conspicuously labeled, as mandated by the department, as containing
10 40 "Marijuana" or a "Marijuana-Infused Product". V iolation of this subdivision
1041 shall subject the violator to department sanctions, including an administrative
1042 penalty of five thousand dollars.
1043 (6) A marijuana facility may not allow cultivation, manufacturing,
1044 sale, or display of marijuana, marijuana-infused products, or marijuana
1045 accessories to be visible from a public place outside of the marijuana facility
1046 without the use of binoculars, aircraft, or other optical aids.
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1047 (7) A marijuana facility may not cultivate, manufacture, test, sell, or
1048 store marijuana at any location other than a physical address approved by the
1049 department and within an enclosed area that is secured in a manner that
1050 prevents access by persons not permitted by the marijuana facility to access
1051 the area.
1052 (8) A marijuana facility shall secure every entrance to the facility so
1053 that access to areas containing marijuana is restricted to employees and other
1054 persons permitted by the marijuana facility to access the area and to agents of
1055 the department or state and local law enforcement of ficers and emer gency
1056 personnel and shall secure its inventory and equipment during and after
1057 operating hours to deter and prevent theft of marijuana, marijuana-infused
1058 products, and marijuana accessories.
1059 (9) No marijuana facility may refuse representatives of the department
1060 the right to inspect the licensed premises or to audit the books and records of
1061 the marijuana facility . A facility that holds licenses issued under sections 1
1062 and 2 of this Article shall comply with inspection regulations and standards
1063 issued pursuant to both sections.
1064 (10) No marijuana facility , or entity with a certification, shall assign,
1065 sell, give, lease, sublicense, or otherwise transfer its license or certificate to
1066 any other entity without the express consent of the department, not to be
1067 unreasonably withheld.
1068 (1 1) Real and personal property used in the cultivation, manufacture,
1069 transport, testing, distribution, sale, and administration of marijuana for
1070 activities otherwise in compliance with this section shall not be subject to asset
1071 forfeiture solely because of that use.
1072 (12) No person shall extract resins from marijuana using dangerous
1073 materials or combustible gases without a medical marijuana-infused products
1074 manufacturing facility license, marijuana-infused products manufacturing
1075 facility license, or a marijuana microbusiness wholesale facility license.
1076 V iolation of this prohibition shall subject the violator to department sanctions,
1077 including an administrative penalty of one thousand dollars for an individual
1078 and ten thousand dollars for a facility licensee and, if applicable, loss of
1079 certificate or license for up to one year .
1080 10. Personal Use of Marijuana.
1081 (1) Subject to the limitations in subsection 3 of this section, the
1082 following acts by a person at least twenty-one years of age are not unlawful
1083 and shall not be an of fense under state law or the laws of any local government
1084 within the state or be a basis to impose a civil fine, penalty , or sanction, or be a
1085 basis to detain, search, or arrest, or otherwise deny any right or privilege, or to
1086 seize or forfeit assets under state law or the laws of any local government:
1087 (a) Purchasing, possessing, consuming, using, ingesting, inhaling,
1088 processing, transporting, delivering without consideration, or distributing
1089 without consideration three ounces or less of dried, unprocessed marijuana, or
1090 its equivalent;
1091 (b) Possessing, transporting, planting, cultivating, harvesting, drying,
1092 processing, or manufacturing up to six flowering marijuana plants, six
1093 nonflowering marijuana plants (over fourteen inches tall), and six clones
HJR 106 52
1094 (plants under fourteen inches tall) provided the person is registered with the
1095 department for cultivation of marijuana plants under this section, provided:
1096 a. The plants and any marijuana produced by the plants in excess of
1097 three ounces are kept at one private residence, are in a locked space, and are
1098 not visible by normal, unaided vision from a public place; and
1099 b. Not more than twice the number of allowable plants under
1100 paragraph (b) of this subdivision are kept in or on the grounds of a private
1101 residence at one time.
1102 (c) Assisting another person who is at least twenty-one years of age in,
1103 or allowing property to be used for , any of the acts permitted by this section;
1104 and
1105 (d) Purchasing, possessing, using, delivering, distributing,
1 1 0 6 manufacturing, transferring, or selling to persons twenty-one years of age or
1107 older marijuana accessories.
1108 (2) A person who, pursuant to this section, cultivates marijuana plants
1109 that are visible by normal, unaided vision from a public place is subject to a
1110 civil penalty not exceeding two hundred and fifty dollars and forfeiture of the
1111 marijuana.
1112 (3) A person who, pursuant to this section, cultivates marijuana plants
1113 that are not kept in a locked space is subject to a civil penalty not exceeding
1114 two hundred and fifty dollars and forfeiture of the marijuana.
1115 (4) A person who smokes marijuana in a public place, other than in an
1116 area licensed for such activity by the authorities having jurisdiction over the
1117 licensing and/or permitting of said activity , is subject to a civil penalty not
1118 exceeding one hundred dollars.
1119 (5) A person who is under twenty-one years of age who possesses,
1120 uses, ingests, inhales, transports, delivers without consideration or distributes
1121 without consideration three ounces or less of marijuana, or possesses, delivers
1122 without consideration, or distributes without consideration marijuana
1 1 2 3 accessories is subject to a civil penalty not to exceed one hundred dollars
1124 and forfeiture of the marijuana. Any such person shall be provided the option
1125 of attending up to four hours of drug education or counseling in lieu of the
1126 fine.
1127 (6) Subject to the limitations of this section, a person who possesses
1128 not more than twice the amount of marijuana allowed pursuant to this
1129 subsection, produces not more than twice the amount of marijuana allowed
1130 pursuant to this subsection, delivers without receiving any consideration or
1131 remuneration to a person who is at least twenty-one years of age not more than
1132 twice the amount of marijuana allowed by this subsection, or possesses with
1133 intent to deliver not more than twice the amount of marijuana allowed by this
1134 subsection:
1135 (a) For a first violation, is subject to a civil infraction punishable by a
1136 civil penalty not exceeding two hundred and fifty dollars and forfeiture of the
1137 marijuana;
1138 (b) For a second violation, is subject to a civil infraction punishable by
1139 a civil penalty not exceeding five hundred dollars and forfeiture of the
1140 marijuana;
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1141 (c) For a third or subsequent violation, is subject to a misdemeanor
1142 punishable by a fine not exceeding one-thousand dollars and forfeiture of the
1143 marijuana;
1144 (d) A person under twenty-one years of age is subject to a civil penalty
1145 not to exceed two hundred and fifty dollars. Any such person shall be
1146 provided the option of attending up to eight hours of drug education or
1147 counseling in lieu of the fine; and
1148 (e) In lieu of payment, penalties under this subsection may be satisfied
1149 by the performance of community service. The rate of pay-down associated
1150 with said service option will be the greater of $15 or the minimum wage in
1151 ef fect at the time of judgment.
1152 (7) (a) Any person currently incarcerated in a prison, jail or halfway
1153 house, whether by trial or open or negotiated plea:
1154 a. Who would not have been guilty of an adult or juvenile of fense, had
1155 sections 1 and 2 of this Article been in ef fect at the time of the of fense; or
1156 b. Who would have been guilty of a lesser adult or juvenile of fense
1157 had sections 1 and 2 of this Article been in ef fect at the time of the of fense; or
1158 c. Who is serving a sentence for a marijuana of fense which is a
1159 misdemeanor , a class E felony , or a class D felony , or successor designations,
1160 involving possession of three pounds or less of marijuana, excluding of fenses
1161 involving distribution or delivery to a minor , any of fenses involving violence,
1162 or any of fense of operating a motor vehicle while under the influence of
1163 marijuana;
1164
1165 may petition the sentencing court to vacate the sentence, order immediate
1166 release from incarceration and other supervision by the department of
1167 corrections, and the expungement of all government records of the case. Such
1168 expungement from all government records shall be granted for all of the
1169 person's applicable marijuana offenses, absent good cause for denial. The
1170 ef fect of such orders shall be to restore such person to the status the person
1171 occupied prior to such arrest, plea or conviction and as if such event had never
1172 taken place, and the conviction and sentence shall be vacated as legally
1173 invalid. No person for whom such order has been entered shall be held
1174 thereafter under any provision of any law to be guilty of perjury or otherwise
1175 giving a false statement by reason of the person's failure to recite or
1176 acknowledge such arrest, plea, trial, conviction, or expungement in response to
1177 any inquiry made of the person for any purpose whatsoever , and no such
1178 inquiry shall be made for information relating to an expungement. The court
1179 shall not assess any filing fee for these filings. The of fice of the state public
1180 defender shall prepare and make readily available and accessible a pleading
1181 form that may be filed pro se for this purpose. The circuit courts of the state
1182 shall also make readily available and accessible this pleading form. W ithin
1183 ninety days of the effectiv e date of this section, the sentencing court shall
1184 complete the adjudication for all cases involving only misdemeanor marijuana
1185 of fenses. W ithin one hundred and eighty days of the ef fective date of this
1186 section, the sentencing court shall complete the adjudication for all cases
1187 involving class E, or successor designation, felony marijuana offenses and, if
1188 applicable, any additional marijuana misdemeanor of fenses by such of fenders.
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1189 W ithin two hundred and seventy days of the effectiv e date of this section, the
1190 sentencing court shall complete the adjudication for all class D, or successor
1191 designation, felony cases involving three pounds or less of marijuana, as well
1192 as any lesser marijuana of fenses by such of fenders, if applicable. This shall
1193 not apply to of fenses while operating a commercial motor vehicle as defined in
1194 49 CFR 390.5, or its successor provisions, in interstate or intrastate
11 95 transportation unless otherwise exempted as found in section 307.400,
1196 RSMo, or its successor provisions.
1197 (b) Any person currently on probation or parole for a marijuana law
1198 violation, whether by trial or open or negotiated plea:
1199 a. Who would not have been guilty of an adult or juvenile of fense, had
1200 sections 1 and 2 of this Article been in ef fect at the time of the of fense; or
1201 b. Who would have been guilty of a lesser adult or juvenile of fense
1202 had sections 1 and 2 of this Article been in ef fect at the time of the of fense; or
1203 c. Who was convicted or plead guilty to a marijuana of fense which is a
1204 misdemeanor , a class E felony , or a class D felony , or successor designations,
1205 involving the possession of three pounds or less of marijuana, excluding
1206 distribution or delivery to a minor or any offense of operating a motor vehicle
1207 while under the influence of marijuana;
1208
1209 shall, upon the ef fective date of this section, have their sentence automatically
1210 vacated by the sentencing court, which shall order the immediate termination
1211 of supervision by the department of corrections, and the expungement of all
1212 government records of the case. Such expungement from all government
1213 records shall be granted for all of the person's applicable marijuana of fenses,
1214 absent good cause for denial. The ef fect of such orders shall be to restore such
1215 person to the status the person occupied prior to such arrest, plea or conviction
1216 and as if such event had never taken place, and the conviction and sentence
1217 shall be vacated as legally invalid. No person for whom such order has been
1218 entered shall be held thereafter under any provision of any law to be guilty of
1219 perjury or otherwise giving a false statement by reason of the person's failure
1220 to recite or acknowledge such arrest, plea, trial, conviction, or expungement in
1221 response to any inquiry made of the person for any purpose whatsoever , and
1222 no such inquiry shall be made for information relating to an expungement.
1223 The court shall not assess any filing fee for these cases. This shall not apply to
1224 of fenses while operating a commercial motor vehicle as defined in 49 CFR
1225 390.5, or its successor provisions, in interstate or intrastate transportation
1226 unless otherwise exempted as found in section 307.400, RSMo, or its
1227 successor provisions.
1228 (8) (a) W ithin six months of the ef fective date of this section, the
1229 circuit courts of this state shall order the expungement of the criminal history
1230 records of all misdemeanor marijuana of fenses for any person who is no
1231 longer incarcerated or under the supervision of the department of corrections.
1232 W ithin twelve months of the ef fective date of this section, the circuit courts of
1233 this state shall order the expungement of criminal history records for all
1234 persons no longer incarcerated or under the supervision of the department of
1235 corrections but who have completed their sentence for any felony marijuana
1236 of fenses and any marijuana of fenses that would no longer be a crime after the
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1237 ef fective dates of sections 1 and 2 of this Article, excluding distribution or
1238 delivery to a minor , any such of fenses involving violence, or any offense of
1239 operating a motor vehicle while under the influence of marijuana. For all class
1240 A, class B and class C, or successor designations, felony marijuana of fenses,
1241 and for all class D, or successor designation, felony marijuana of fenses for
1242 possession of more than three pounds of marijuana, the circuit courts of this
1243 state shall order expungement of criminal history records upon the completion
1244 of the person's incarceration, including any supervised probation or parole.
1245 For the purposes of this subdivision, "criminal history record" means all
1246 information documenting an individual's contact with the criminal justice
1247 system, including data regarding identification, arrest or citation, arraignment,
1248 judicial disposition, custody , and supervision.
1249 (b) An expungement order shall be legally ef fective immediately and
1250 the person whose record is expunged shall be treated in all respects as if he or
1251 she had never been arrested, convicted, or sentenced for the of fense, and the
1252 conviction and sentence shall be vacated as legally invalid. The court shall
1253 issue an order to expunge all records and files related to the arrest, citation,
1254 investigation, charg e, adjudication of guilt, criminal proceedings, and
1 2 5 5 probation related to the sentence. The court shall provide notice of the
1256 expungement to the person who is the subject of the record at the person's last
1257 known address, the arresting agency , prosecuting attorneys, central state
1258 depository of criminal records, and any other entity that may have a record
1259 related to the order to expunge. The central state depository of criminal
1260 records shall provide notice of the expungement to the Federal Bureau of
1261 lnvestigation's National Crime Information Center , or its successor agency .
1262 The court shall issue the person a certificate stating that the of fense for which
1263 the person was convicted has been expunged and that its ef fect is to annul the
1264 record of arrest, conviction, and sentence.
1265 (c) The effect of such expungement shall be to restore such person to
1266 the status the person occupied prior to such arrest, plea, or conviction and as if
1267 such event had never taken place. Such person shall not be required to
1268 acknowledge the existence of such a criminal history record or answer
1269 questions about the record in any application for employment, license, or civil
1270 right or privilege or in an appearance as a witness in any proceeding or
1271 hearing, and may deny the existence of the record regardless of whether the
1272 person has received notice from the court that an expungement order has been
1273 issued on the person's behalf.
1274 (d) No person shall be prosecuted again for any of fense which has
1275 been vacated or expunged.
1276 (e) The court shall keep a special index of cases that have been
1277 expunged together with the expungement order and the certificate issued
1278 pursuant to this subsection. The index shall list only the name of the person
1279 convicted of the offense, his or her date of birth, the docket number , and the
1280 criminal of fense that was the subject of the expungement. The special index
1281 and related documents shall be confidential and shall be physically and
1282 electronically segregated in a manner that ensures confidentiality and that
1283 limits access to authorized persons. The court may permit special access to the
1284 index and the documents for research purposes pursuant to the rules for public
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1285 access to court records. The index and documents made available by the court
1286 may not include any identifying information.
1287 (9) A person currently under parole, probation, or other state
1288 supervision, or released awaiting trial or other hearing, may not be punished or
1289 otherwise penalized based solely on conduct that is permitted by this section.
1290 (10) No conduct permitted by this section shall constitute the basis for
1291 detention, search, or arrest; and except when law enforcement is investigating
1292 whether a person is operating a motor vehicle, train, aircraft, motorboat, or
1293 other motorized form of transport while under the influence of marijuana, the
1294 odor of marijuana or burnt marijuana, the possession or suspicion of
1295 possession of marijuana without evidence of a quantity in excess of the
1296 lawful amount, or the possession of multiple containers of marijuana without
1297 evidence of quantity in excess of the lawful amount shall not individually or in
1298 combination with each other constitute reasonably articulable suspicion of a
1299 crime. Marijuana and marijuana-infused products as permitted by this section
1300 are not contraband nor subject to seizure.
1301 (1 1) A person shall not be denied eligibility in public assistance
1302 programs or public benefits based solely on conduct that is permitted by this
1303 Article, unless required by federal law .
1304 (12) No person shall be denied their rights under Article 1, Section 23
1305 of the Missouri Constitution, solely for conduct that is permitted by this
1306 section.
1307 (13) No person shall be denied parental rights, custody of, or visitation
1308 with a minor child by a state or local government executive agency based
1309 solely on conduct that is permitted by this section, unless the person's behavior
1310 is such that it creates an unreasonable danger to a minor child that can be
1311 established by clear and convincing evidence.
1312 1 1. Interstate Commerce.
1313 If federal law , rules, or regulations are amended to allow the interstate
1314 commerce of marijuana or marijuana-infused products or the importation or
1315 exportation of marijuana or marijuana-infused products into or out of the state
1316 of Missouri, the provisions and intent of this section shall, to the extent
1317 possible, remain in full ef fect, unless explicitly preempted by such federal law ,
1318 rule, or regulation. If federal law , rules, or regulations are amended as
1319 provided above, any marijuana or marijuana-infused products imported into
1320 this state shall be subject to the same testing standards and seed-to-sale
1321 tracking system required under this section for marijuana and marijuana-
1322 infused products produced within the state. Unless federal law , rules, or
1323 regulations explicitly require otherwise, no entity shall sell, transport, produce,
1324 distribute, deliver , or cultivate marijuana or marijuana-infused products
1325 without an applicable license or certificate as required under this section. In
1326 addition, any raw biomass of marijuana or marijuana flower imported from
1327 out-of-state shall be received only by a licensed cultivation facility , while all
1328 batch oil, infused marijuana products and any marijuana product in any other
1329 form shall be received only by a licensed manufacturing facility .
1330 12. Severability .
1331 The provisions of this section are severable, and if any clause,
1332 sentence, paragraph or section of this measure, or an application thereof, is
HJR 106 57
1333 adjudged invalid by any court of competent jurisdiction, the other provisions
1334 shall continue to be in ef fect to the fullest extent possible.
1335 13. Eff ective Date.
1336 The provisions of this section shall become ef fective thirty days after
1337 the election, as provided by this Constitution. ]
✔
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