Mo. Code Regs. tit. 19 § 100-1.020

Current through Register Vol. 49, No. 20, October 15, 2024

Section 19 CSR 100-1.020 - Generally Applicable Provisions

PURPOSE: The Department of Health and Senior Services has the authority to promulgate rules for the enforcement of Article XIV, Sections 1 and 2 of the Missouri Constitution. This rule applies to all individuals and entities regulated under Article XIV and explains what general provisions are necessary for the enforcement of the Article.

(1) Variances and waivers.

(A) The department may waive or vary from, at its discretion and for good cause, provisions of this chapter, on its own initiative or by request.

(B) Requests for a waiver or variance from the requirements of any provision of this chapter shall be made in writing. Requests shall include-

1. An administrative and processing fee of one hundred dollars ($100);

2. A list of each requirement and specific rule for which a variance or waiver is requested;

3. A detailed explanation for why the applicant, ID card holder, or licensee believes there is good cause to vary from or waive the requirement; and

4. For a variance, a description of an adequate alternative the entity will implement in lieu of the rule requirement.

(C) No waiver or variance request is approved unless the department issues a written approval.

(2) Limitations on facility licenses.

(A) The department will restrict the aggregate number of medical and comprehensive licenses combined, as authorized by Article XIV, section 1.3(15-17). The number of combined medical and comprehensive licenses are limited as follows:

1. Dispensary licenses: 27 in each congressional district;

2. Manufacturing licenses: 88; and

3. Cultivation licenses: 65.

(B) The department will restrict the aggregate number of microbusiness licenses granted in each congressional district to eighteen (18), by granting six (6) in each of the three (3) rounds, as authorized by Article XIV, section 2.4(13).

(C) The department shall issue additional medical or marijuana licenses if the department determines additional licenses are needed to-

1. Meet the demand for marijuana product;

2. Ensure a competitive market while also preventing an over-concentration of marijuana facilities within the boundaries of any particular local government; or

3. Maintain the minimum number of combined medical and comprehensive licenses required by Article XIV, section 1.3(15-17).

(3) In addition to other penalties specifically delineated in this chapter, the department may impose penalties on facility licenses and certifications as follows:

(A) Licenses and certifications found in violation of any rule in this chapter or provision in Article XIV may be subject to sanctions, including but not limited to any of the following:

1. Limitation or restriction on a license or certification;

2. Fines up to an amount equal to the average daily gross receipts of the previous calendar month of the facility;

3. Revocation, suspension, or nonrenewal of a license or certification; and/or

4. Orders to immediately cease or suspend operations;

(B) Fines may be assessed for each day a licensee is in violation. Assessment of a fine does not bar additional penalties or further investigation;

(C) A license shall be revoked if, after issuance, the department determines the applicant provided false or misleading information in the application;

(D) A licensee may be subject to the penalties in (3)(A) if the licensee provides false or misleading information to the department at any time after a license is issued;

(E) A licensee that organizes an event may be subject to the penalties in (3)(A) for any violations of 19 CSR 100-1 that occur at that event;

(F) The department may impose any other remedies not inconsistent with these rules or Article XIV; and

(G) Prior to revoking or suspending a facility license, the department shall issue a notice to the designated contact for the licensee by sending such notice to the email address provided by the designated contact for the licensee. The notice shall list the basis for a pending revocation or suspension. Except where there is a credible and imminent threat to public safety, the revocation or suspension will not take effect until thirty (30) days from the date the notice is sent. During the thirty (30) day period, the licensee will have the opportunity to cure the deficiencies listed in the notice and/or respond to the allegations and submit records or information demonstrating why the license should not be revoked or suspended.

1. If there is a credible and imminent threat to public safety, the department may order the licensed facility to immediately suspend all or part of the operations, including placing an administrative hold on marijuana product, until the threat has been eliminated. An imminent threat to public safety includes, but is not limited to:

A. A dangerous condition at the facility that is likely to harm employees or the public;

B. A credible report, such as from law enforcement, that diversion or inversion of marijuana product is occurring at the licensed facility;

C. A credible report that a facility's practices are permitting marijuana product to enter the regulated market without being compliantly tested.

(4) Appeals.

(A) An applicant, licensee, or identification card holder may seek review of the following department decisions at the administrative hearing commission:

1. Denial of a facility license or certification;

2. Any penalties imposed by the department; and

3. Denial or revocation of patient, primary caregiver, patient cultivation, caregiver cultivation, consumer cultivation, or facility agent identification cards.

(B) Any person or entity entitled to a review under this rule must file a petition with the administrative hearing commission within thirty (30) days after the date the department decision is sent to the person or entity. An untimely appeal will not be considered.

(C) Notwithstanding the limits on licenses and certifications set forth in this rule, the department may grant additional facility licenses or certifications as a remedy to timely appeals when-

1. Ordered to do so by the administrative hearing commission or a court of competent jurisdiction; or

2. The department determines doing so in settlement of such an appeal best serves implementation of Article XIV.

(5) Marijuana records.

(A) Qualifying patient and primary caregiver information and proprietary business information maintained by the department shall not be released outside the department except for purposes authorized by federal law or Article XIV, including-

1. In response to a request by law enforcement officials seeking verification that a person who presented an identification card is lawfully in possession of such card and is lawfully in possession of a particular amount of marijuana product;

2. In response to a request by law enforcement officials seeking information during the process of requesting a search or arrest warrant relating to cultivation of marijuana plants;

3. For the purposes of a dispensary verifying whether a particular person may purchase an amount of marijuana product; and

4. In response to a valid grand jury, judicial, or law enforcement subpoena.

(6) Licensees, cardholders, and applicants have a continuing duty to provide the department with up-to-date contact information, including the individual who shall be the designated contact for all department communications. Licensees, cardholders, and applicants are deemed to have received all communications and notifications from the department on the date the department sends an email to the to the email address of the designated contact for the licensee, cardholder, or applicant.

(7) Unless otherwise stated, any reference to days in this chapter will mean calendar days. In computing any period of time prescribed or allowed by the department in this chapter, the designated period of time begins to run the day after the relevant act or event.

19 CSR 100-1.020

Adopted by Missouri Register March 1, 2023/Volume 48, Number 5, effective 2/3/2023

Amended by Missouri Register June 15, 2023/Volume 48, Number 12, effective 7/31/2023