MO Care Providers | Table O Contents
Qualified Medical Patients or QMPs are now allowed to grow-their-own medicine in Missouri …
- MO Care Providers | Table O Contents
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Medical Cannabis in Missouri
Hint. The ballot language of the proposed and titled Missouri State Constitution Amendment 2 was eventually adopted into law by a Sixty-six Percent, or 66%, or 2/3rds plurality of all Missouri voters at the mid-term election held on the 1st Tuesday of November, the 6th, 2018.
Effective Date
The effective date of Amendment 2 is Thirty (30) days after the voting date of November 6th, 2018.
Therefore, the effective date of this amendment to the 4th Missouri Constitution of 1945 is December 6th, 2018.
Source: Subsection 9.01 of the Rules of the MO Department of Health and Senior Services [1]
Original Petition Language
The original petition language commonly known and published at the time of the Nov 2018 mid-term vote as Amendment 2 is now incorporated into the 4th Missouri Constitution of 1945 as Article XIV (14) via a single Section 1 and its Subsections [3].
Taxation
Nothing in the subject Amendment, or in the Guidelines, or in the original Petition language precludes taxation of Medmj in Missouri.
Medmj Tax
The Medmj tax on dispensary sales shall be 4%.
For example, if a Qualified Medical Patient, or QMP purchases $100 of Medmj from a dispensary, then the Medmj tax collected by the dispensary in addition to the sale amount of the Medmj is $4 for a net bill of $104 plus regular sales tax.
Source: Subsection 4.01 of the Rules of the MO Department of Health and Senior Services [1]
Missouri Veterans Health and Care Fund
A provision exists to deposit a portion of the taxes received from Medmj sales into a fund for veterans of foreign wars.
Source: Subsection 4.02 of the Rules of the MO Department of Health and Senior Services [2]
State Tax, County Tax, City Tax
Nothing in this amendment shall exempt sales of Medmj from a regular sales tax, as well.
Source: Subsection 4.04 of the Rules of the MO Department of Health and Senior Services [1]
Possession and Reciprocation
Qualified Medical Patients, or QMPs may possess and transport Medmj in amounts less than or equal to the amounts designated herein provided a valid ID card is tendered upon the request of a law enforcement officer.
Source: Subsection 5.01 Additional Patient, Physician, Caregiver and Provider Protections of the Rules of the MO Department of Health and Senior Services [2]
Missouri State Legal Possession Limits
This amendment is not without teeth!
Gotcha! Purposefully possessing amounts in excess of twice the following Missouri state legal limits shall be punishable by imprisonment in the Missouri state penitentiary of up to One (1) year and a fine of up to Two-thousand ($2,000) dollars USD.
Source: Subsection 14.0 Possession of the MO Constitution, Article XIV (14), Section 1 [4]
Out of State Card Holders
Out-of-State QMPs may also possess and transport Medmj in amounts less than or equal to the amounts designated herein provided a valid out-of-state ID card is tendered upon the request of a law enforcement officer.
Source: Subsection 5.01 Additional Patient, Physician, Caregiver and Provider Protections of the Rules of the MO Department of Health and Senior Services [1]
Pods O Three
There is a maximum number of Qualified Medical Patients, or QMPs that one Licensed Care Provider, or LCP may service.
What is the maximum number of QMPs per Licensed Care Provider?
Answer: There are Three (3) QMPs allowed per Licensed Care Provider, or LCP.
Source: Subsection 7.06 Additional Provisions of the Rules of the MO Department of Health and Senior Services [2]
Standard QMPs
Standard QMPs can possess up to a Sixty (60) day supply of dried, un-processed Cannabis flowers, or its processed equivalent where a Sixty (60) day supply is equal to Two (2), Thirty (30) day supplies of dried, un-processed Cannabis flowers, or its processed equivalent.
Flowers Are Key
There is no size limit for a medicinally Flowering Cannabis plant in Missouri either indoors or outdoors as long as the plant is kept within a registered Enclosed and Locked Private Cultivation Facility.
Key Measurements
Dried, un-processed Cannabis flowers are defined in Missouri as the FLOWERING parts of the plant AFTER the flower buds and brachts have been sufficiently cured and trimmed.
30-Day Supply
One (1), Thirty (30) day supply for a standard QMP is Four (4) ounces of dried, un-processed Cannabis flowers, or its processed equivalent.
Therefore, a standard Sixty (60) day supply of dried, un-processed flowers Cannabis flowers, or its processed equivalent is equal to Eight (8) ounces of dried, un-processed Cannabis flowers, or its processed equivalent.
Extra Allotments
A Qualified Medical Patient, or QMP that requires a larger quantity of monthly dosage of medical Cannabis greater than the above “Standard” limitations can achieve a higher level of possession if the QMPs condition is attested to by two independent physicians both with compelling reasons as to why the QMP require an extra allotment greater than the “Standard” amount established by the department.
Licensed Care Providers
A Licensed Primary or Secondary Caregiver/Care Provider in Missouri shall not be subject to criminal or civil liability or sanctions under Missouri Law for …
a.) purchasing,
b.) transporting, or
c.) administering …
Medical Cannabis for medicinal use for a Qualifying Medical Patient, or QMP.
Or, for participating in the cultivation of up to Six (6) of the QMP’s allowed allotment of flowering plants, of up to Six (6) of the QMP’s allowed allotment of vegetation plants, or of up to Six (6) of the QMP’s allowed allotment of clone plants in a manner consistent with this section and generally established legal standards of personal or professional conduct.
Source: Subsection 5.7 Additional Patient, Physician, Caregiver and Provider Protections of the 4th Missouri Constitution of 1945, as amended, Dtd 12-31-2019, Article XIV (14), Section 1 aka the Medical Cannabis Amendment [4].
Threes The Charm
A Licensed Caregiver/Care Provider can serve up to Three (3) Qualified Medical Patients, or QMPs.
If a Licensed Caregiver/Care Provider is obtaining a cultivation license on behalf of multiple patients, he or she must have a cultivation license for each patient.
Source: Missouri Cannabis Patient Information Pamphlet #205, Home Cultivation, Page 8. [5].
Authority to Cultivate
A “standard” QMP that also holds an ‘Authority to Cultivate’ may possess the above standard Sixty (60) day supply of dried, un-processed Cannabis flowers, or its processed equivalent plus an additional Thirty (30) day supply, for a total possession limit of Twelve (12) ounces of dried, un-processed Cannabis flowers, or its processed equivalent.
Source: Subsection 13.0 Possession of the MO Constitution, Article XIV (14), Section 1 [4]
Registered Enclosed and Locked Private Cultivation Facilities
In order to grow out the QMPs basic medicinal allotment of Four (4) ounces of dried, un-processed Cannabis flowers per month, an internal indoor or external outdoor registered Enclosed and Locked Private Cultivation Facility may be utilized within the State of Missouri.
A QMP that wishes to utilize a registered Enclosed and Locked Private Cultivation Facility must comply with the following Three (3) provisions, at the minimum.
a.) a registered Enclosed and Locked Private Cultivation Facility may not be encumbered by any private or federal contract that restricts medical Cannabis cultivation.
b.) a registered Enclosed and Locked Private Cultivation Facility must be equipped with security devices that solely allow both entry and exit by the QMP and/or his or her primary and secondary Licensed Care Providers, or LCPs.
and,
c.) The QMP is required to obtain and maintain an ‘Authority to Cultivate’ from the MO Dept of Health and Senior Services that allows the QMP to operate a registered Enclosed and Locked Private Cultivation Facility for personal use with the help of a Licensed Care Provider, or LCP if need be.
Source: Subsection 7.09 Additional Provisions of the Rules of the MO Department of Health and Senior Services [1]
Single QMPs
Each Qualifying Medical Patient, or QMP that holds a valid ‘Authority to Cultivate’ Identification Card, or ID may cultivate no more than Six (6) Flowering-stage plants plus Six (6) Vegetative-stage plants plus Six (6) Clone-stage plants in a single
Enclosed and Locked Private Cultivation Facility.
Source: Subsection 7.9 Additional Provisions of the 4th Missouri Constitution of 1945, as amended, Dtd 12-31-2019, Article XIV (14), Section 1 aka the Medical Cannabis Amendment [4].
Shared Cultivation Facilities
Two (2) QMPs that separately both hold an ‘Authority to Cultivate’ may share One (1) registered Enclosed and Locked Private Cultivation Facility.
For example, a husband and wife team that are both QMPs.
In addition, if the Enclosed and Locked Private Cultivation Facility is registered as a cultivation site by an Licensed Care Provider, or LCP and that LPC is also a QMP, then he or she may not only share the registered Enclosed and Locked Private Cultivation Facility for the purpose of growing his or her own allotment of medical Cannabis flowers, but may also share the facility with another Qualified Medical Patient, or QMP for a total of Three (3) maximum QMPs at a single, registered Enclosed and Locked Private Cultivation Facility.
Source: Subsection 7.9 Additional Provisions of the 4th Missouri Constitution of 1945, as amended, Dtd 12-31-2019, Article XIV (14), Section 1 aka the Medical Cannabis Amendment [4] and the Missouri Cannabis Patient Information Pamphlet #205, Home Cultivation, Page 8. [5].
Multiple QMPs
Two (2) Qualifying Medical Patients, or QMPs that both hold valid ‘Authority to Cultivate’ Identification Cards, or IDs may share One (1)
Enclosed and Locked Private Cultivation Facility.
Source: Missouri Cannabis Patient Information Pamphlet #205, Home Cultivation, Page 8. [5].
Plant Numbers
No more than Twelve (12) Flowering-stage plants plus Twelve (12) Vegetative-stage plants plus Twelve (12) Clone-stage plants may be cultivated in a single
Enclosed and Locked Private Cultivation FacilityUNLESS …
Exception For QMP/LCP
… One (1) of the Qualifying Medical Patients, or QMPs assigned to the single
Enclosed and Locked Private Cultivation Facilityis also a primary Licensed Caregiver/Care Provider, or LCP holding a valid ‘Authority to Cultivate’ Identification Card, or ID for another 3rd party QMP!
Source: Missouri Cannabis Patient Information Pamphlet #205, Home Cultivation, Page 8. [5].
Expanded Plant Numbers
In such a case as described above, the primary Licensed Caregiver/Care Provider, or LCP may cultivate an additional Six (6) Flowering-stage plants plus an additional Six (6) Vegetative-stage plants plus an additional Six (6) Clone-stage plants for the 3rd party QMP …
Grand Total of Allowable Plants
… For a total of Eighteen (18) Flowering-stage plants plus Eighteen (18) Vegetative-stage plants plus Eighteen (18) Clone-stage plants in a single
Enclosed and Locked Private Cultivation Facilityfor a grand total of Fifty-four (54) plants.
Source: Missouri Cannabis Patient Information Pamphlet #205, Home Cultivation, Page 8. [5].
3rd Party Contracts
The Rules of Subsection 5 address the topic of Enforceable versus Un-enforceable Private Contracts in Missouri.
Contracts Between LCPs and QMPs
Contracts between parties such as between a Licensed Care Provider, or LCP and his or her Qualified Medical Patient, or QMP with the sole objective of generating Medical Cannabis, or Medmj shall now be enforceable under Missouri law.
Source: Subsection 5.11 Additional Patient, Physician, Caregiver and Provider Protections of the Rules of the MO Department of Health and Senior Services [1]
Contracts Between Employment Parties
Employers hold trump under this amendment.
Source: Subsection 5.11 Additional Patient, Physician, Caregiver and Provider Protections of the Rules of the MO Department of Health and Senior Services [2]
Alternative Legislation
The legislature is put on notice by this amendment.
Enact No Hinderance
The legislature of the State of Missouri shall not enact laws that hinder a patient’s ability to generate Medmj.
Source: Subsection 6.01 Alternative Legislation of the Rules of the MO Department of Health and Senior Services [1]
Asset Foreclosure
Asset foreclosure by Law Enforcement is placed on notice with this amendment, as well.
Real and Personal Property
Real property or Personal Property used in the process of generating Medmj shall not be subject to “Asset Foreclosure”.
Source: Subsection 7.12 Additional Provisions of the Rules of the MO Department of Health and Senior Services [2]
Organ Transplants
a.) No QMP shall be denied access to an organ transplant because of Medmj.
b.) No QMP shall be denied access to any priority list for any type of organ transplant because of Medmj.
Source: Subsection 5.02 Additional Patient, Physician, Caregiver and Provider Protections of the Rules of the MO Department of Health and Senior Services [1]
Fees and Certs
For a QMP to hold onto their ‘Authority to Cultivate’ and to hold onto their Medmj license at least annually a new Medical Certification is required and fees need to be paid.
Green Cards
Fees for “Green Cards” start out at $25 USD per Qualified Medical Patient, or QMP in Missouri.
Consumer Price Index (CPI)
Each year, however, the fees may increase based on the CPI.
Private Cultivation Facilities
The cost to operate a registered Enclosed and Locked Private Cultivation Facility for private use is currently $100 USD.
Each year, the fees for a patient to “grow-their-own” may increase based on the CPI, as well.
Medical Certification
A QMP must obtain a medical certification from a licensed Missouri physician at least annually.
Source: Subsection 7.12 Additional Provisions of the Rules of the MO Department of Health and Senior Services [2]
Missouri Hook Ups
How can we hook up a Qualified Medical Patient (QMP) with a willing and able Licensed Care Provider (LCP) in Missouri?
Limitations
No individual shall serve as the Licensed Primary Caregiver, or LPC for more than Three (3) Qualified Medical Patients, or QMPs.
QMPs per LCPs
Therefore, One (1) Licensed Care Provider, or LCP may have up to Three (3) Qualified Medical Patients, or QMPs.
Source: Subsection 7.6 Additional Provisions of the 4th Missouri Constitution of 1945, as amended, Dtd 12-31-2019, Article XIV (14), Section 1 aka the Medical Cannabis Amendment [4]
References
The above synopsis was derived from a set of (.pdf) files published by the State of Missouri via the following hyperlinks …
Rules
The Rules of the Department of Health and Senior Services, Division 30 - The Division of Regulation and Licensure - Chapter 95 - Medical Marijuana as certified by the Missouri Secretary of State John R. Ashcroft Dtd December 31st, 2019 [1]
and,
Amendment 2
The Original Petition language from the proposed Amendment 2, Dtd November 6th, 2018 now passed and etched as an amendment to the 4th Missouri State Constitution of 1945, or 4MSC - 1945 as Article XIV (14) of 4MSC - 1945, effective December 6th, 2018 in PDF format [3]
and,
4th MO Constitution
The 4th Missouri Constitution of 1945, as amended, under Article XIV (14) as certified by the Missouri Secretary of State John R. Ashcroft in January of 2019 [4]
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