We Legal St Louis

After December 8, 2022, St Louis we Legal. Here's a little information.

Draft Rule: Consumer, Qualifying Patient, and Primary Caregiver

PURPOSE: Under Article XIV, Section I of the Missouri Constitution, patients with qualifying medical conditions have the right to discuss freely with their physicians the possible benefits of medical marijuana use and the right to use medical marijuana for treatment under the ethical supervision of a physician or nurse practitioner. Additionally, under Article XIV, Section 2 of the Missouri Constitution, adults at least twenty-one years of age have the right to access marijuana. Pursuant to the same article, the Department of Health and Senior Services is tasked with ensuring patient access to medical marijuana and adult access to marijuana, subject to reasonable restrictions. This rule explains how the department will implement provisions of Article XIV related to Consumers, Qualifying Patients, and Primary Caregivers.

(1) Consumers. Individuals 21 years of age and older may purchase and possess marijuana product in accordance with the rules set forth herein. Consumers may obtain authority to cultivate as set forth below.

(2) Qualifying Patients. Individuals 18 years of age or older may obtain a medical marijuana patient identification card which allows them to purchase and possess medical marijuana product in accordance with the rules set forth herein. Non-emancipated individuals under the age of 18 may obtain a medical marijuana patient identification card with the written consent of a custodial parent or legal guardian.

Qualifying patients may also obtain authority to cultivate as set forth below.

(A) Medical marijuana patient identification cards are valid for three (3) years.

(B) Physician or Nurse Practitioner Certification.

1. All qualifying patients must have a physician or nurse practitioner certification that certifies the individual has at least one qualifying medical condition.

2. A physician or nurse practitioner certification is required for all new and renewal patient applications.

3. The physician or nurse practitioner certification must be submitted within the patient application, and the signature date on the certification must be less than 30 days old from the application's submission date.

4. Qualifying patients must obtain a new physician or nurse practitioner certification at least every three years to have their medical marijuana license renewed.

1. No qualifying patient shall smoke marijuana product for medical use in a public place, unless provided by law.

2. No qualifying patient who is under the care of a primary caregiver may serve as the primary caregiver for another qualifying patient.

3. If a qualifying patient is no longer entitled to medical marijuana product or no longer wishes to hold a medical marijuana identification card, he or she must notify the department within ten (10) days of that change. The department will confirm in writing that the qualifying patient has voluntarily surrendered the identification card and that the identification card is no longer valid.

4. If a qualifying patient's medical marijuana product is stolen or lost, the qualifying patient must notify the department within two (2) days of discovery.

(D) Non-emancipated Qualifying Patients. Individuals under the age of 18 may obtain a medical marijuana patient identification card with the written consent of a custodial parent or legal guardian.

1. A physician or nurse practitioner shall not issue a certification for the medical use of marijuana product for a non-emancipated qualifying patient without the written consent of a parent or legal guardian of the qualifying patient.

2. The department shall not issue a qualifying patient identification card on behalf of a non-emancipated qualifying patient without the written consent of a parent or legal guardian of the qualifying patient. Such card shall be issued to the parent or guardian and not directly to the patient.

3. Only a parent or legal guardian may serve as a primary caregiver for a non-emancipated qualifying patient.

4. Only the qualifying patient's parent or legal guardian who holds a primary caregiver identification card shall purchase or possess medical marijuana product for a non-emancipated qualifying patient.

5. A parent or legal guardian who holds a primary caregiver identification card shall supervise the administration of medical marijuana product to a non-emancipated qualifying patient.

(3) Primary Caregivers. Individuals 21 years of age or older may obtain a primary caregiver identification card which allows them to purchase and possess medical marijuana product on behalf of up to six (6) qualifying patients. Primary caregivers may also obtain authority to cultivate as set forth below.

(A) Primary caregiver identification cards are valid for three years.

(B) Individuals seeking primary caregiver status for non-emancipated qualifying patients must be the parent or legal guardian of the qualifying patient.

1. No individual shall serve as the primary caregiver for more than six (6)

qualifying patients.

2. No individual shall serve as a primary caregiver for a qualifying patient who is already served by two (2) primary caregivers.

3. If a primary caregiver is no longer entitled to serve as a primary caregiver or no longer wishes to hold a primary caregiver identification card, he or she must notify the department within ten (10) days of that change. The department will confirm in writing that the primary caregiver has voluntarily surrendered the identification card and that the identification card is no longer valid.

4. If medical marijuana product in possession of a primary caregiver is stolen or lost, the primary caregiver must notify the department within two (2) days of discovery.

5. Caregivers shall provide ethical, safe, and secure access to medical marijuana product for the associated patient by way of purchase, possession, administration, and cultivation.

6. Caregivers shall not sell medical marijuana product to the patient, and may not consume the patient's medicine.

(4) Purchase and Possession Limitations.

(A) Consumers.

1. Consumers may only purchase up to three (3) ounces of dried, unprocessed marijuana product, or its equivalent, in a single transaction.

2. Consumers may only possess-

A. In the case of consumers who do not cultivate, up to three (3) ounces of dried, unprocessed marijuana product, or its equivalent; or

B. In the case of consumers who are cultivating marijuana, any supply of marijuana cultivated by the consumer in excess of three (3) ounces must remain in an enclosed, locked facility, at the consumer's private residence.

(B) Qualifying Patients and Primary Caregivers

1. Absent a certification from a physician or nurse practitioner authorizing more, qualifying patients may only purchase, or have purchased on their behalf by their primary caregivers, up to six (6) ounces of dried, unprocessed marijuana, or its equivalent, per qualifying patient, in a thirty- (30-) day period.

2. The six (6) ounce purchase limit established in this section shall not apply to a qualifying patient with written certification from a physician or nurse practitioner that there are compelling reasons why the qualifying patient needs a greater amount than the limit established in this section.

A. In such a case, the physician or nurse practitioner must state in their certification what amount the qualifying patient requires, which shall then be that patient's limit.

B. If the patient's limit is increased after receiving a qualifying patient identification card, the qualifying patient or primary caregiver shall notify the department within ten (10) days of the change.

3. Qualifying patients may only possess, or instruct a primary caregiver to possess on their behalf_

A. In the case of qualifying patients who do not cultivate or have medical marijuana cultivated on their behalf, up to a sixty- (60-) day supply of dried, unprocessed marijuana per qualifying patient, or its equivalent; or

B. In the case of qualifying patients who are cultivating marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf, up to a ninety- (90-) day supply of dried, unprocessed marijuana or its equivalent, so long as the supply of medical marijuana product in excess of a sixty (60) day supply remains in an enclosed, locked facility.

4. Primary caregivers may possess a separate legal limit for each qualifying patient under their care and a separate legal limit for themselves if they are a qualifying patient, each of which shall be stored separately for each qualifying patient and labeled with the qualifying patient's name.

5. Possession of between the legal limit and up to twice the legal limit shall subject the possessor to department sanctions, including an administrative penalty of up to two hundred dollars ($200) and loss of the possessor's identification card(s) for up to a year.

(5) Consumer Personal Cultivation, Qualifying Patient Cultivation, and Primary Caregiver Cultivation, Generally.

(A) Except for good cause, any consumer, licensed qualifying patient at least 18 years of age, or licensed primary caregiver on behalf of a qualifying patient may obtain authorization to cultivate up to six (6) flowering marijuana plants, six (6) nonflowering marijuana plants fourteen (14) inches tall or more, and six (6) nonflowering plants under fourteen (14) inches tall at any given time in a single, enclosed locked facility, subject to the limitations below.

(B) Non-emancipated qualifying patients are not eligible for patient cultivation authorization, but a primary caregiver may obtain authorization to cultivate on behalf of the non-emancipated qualifying patient.

(C) A qualifying patient may not hold or obtain both a qualifying patient cultivation identification card and a consumer personal cultivation card at the same time, regardless of if the caregiver holds the cultivation identification card on behalf of the qualified patient.

(D) All consumer personal cultivation, qualifying patient, and primary caregiver cultivation shall take place in an enclosed, locked facility, as defined in 19 CSR 30-95.010.

(E) Nothing in this section shall convey or establish a right to cultivate marijuana in a facility where state law or a private contract would otherwise prohibit doing so.

(F) Consumer personal cultivation, qualifying patient, and primary caregiver cultivation shall not take place at a place of business.

(G) The department shall provide each consumer, qualifying patient, or primary caregiver who receives a cultivation authorization with a cultivation authorization identification card, which shall be clearly displayed within the enclosed cultivation area and in close proximity to the marijuana plants. The authorization shall list the name of the consumer, qualifying patient, or primary caregiver who has been authorized to cultivate, and the address at which that individual is authorized to cultivate marijuana.

(H) Consumer Personal Cultivation.

1. All consumer personal cultivation must take place at the consumer's private residence.

2. No more than twelve (12) flowering marijuana plants, twelve (12) nonflowering plants 14 inches tall or more, and twelve (12) nonflowering plants under 14 inches tall may be cultivated at a single private residence, regardless of the number of consumers who live at that private residence.

3. Plants and marijuana produced by the plants in excess of three (3) ounces must be kept at the authorized consumer cultivator's private residence, in an enclosed locked facility.

4. All cultivated flowering marijuana plants in the possession of a consumer shall be clearly labeled with the consumer's name.

5. A consumer personal cultivation identification card shall be valid for 12 months from its date of issuance and shall be renewable with the submittal of a renewal application.

(1) Qualifying Patient Cultivation.

1. Up to two (2) qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one (1) enclosed, locked facility.

3. Under no circumstance will a qualifying patient be entitled to cultivate, or have cultivated on his or her behalf, more than six (6) flowering marijuana plants.

4. Only one individual in a patient-caregiver relationship may be authorized for cultivation on behalf of the qualifying patient.

5. All cultivated flowering marijuana plants in the possession of a qualifying patient shall be clearly labeled with the qualifying patient's name.

6. A patient cultivation identification card shall be valid as long as the qualifying patient's identification card is still valid, up to three years from its date of issuance. The cultivation application fee will be the same for all cultivation applications no matter how much time remains on the validity of the patient's identification card. The cultivation identification card shall be renewable by submitting a renewal patient cultivation application, as long as the individual has an approved renewal patient application.

(J) Primary Caregiver Cultivation

1. A primary caregiver may cultivate on behalf of more than one (1) qualifying patient in a single, enclosed locked facility. No primary caregiver cultivating marijuana for more than one qualifying patient may exceed a total of twenty-four

(24) flowering plants, twenty-four (24) nonflowering plants 14 inches tall or more, and twenty-four (24) nonflowering plants under 14 inches tall.

2. No single enclosed locked facility may exceed a total of twenty-four (24) flowering plants, twenty-four (24) nonflowering plants 14 inches tall or more, and twenty-four (24) nonflowering plants under 14 inches tall.

3. Only one individual in a patient-caregiver relationship may be authorized for cultivationon behalf of the qualifying patient.

4. All cultivated flowering marijuana plants in the possession of a primary caregiver shall be clearly labeled with the qualifying patient's name.

5. A primary caregiver cultivator who is also a qualifying patient cultivator may not grow for personal medical and grow on behalf of the qualifying patients) using the same enclosed locked facility.

6. A primary caregiver cultivator who is also authorized as a consumer personal cultivator may not grow for personal use and grow on behalf of the qualifying patient(s) using the same enclosed locked facility.

30314 Smoke Shop

4423 S Kingshighway Blvd

St Louis, Mo. 63109