MEDICAL MARIJUANA IN MISSOURI

On November 6, 2018 65% of Missouri voters passed Amendment 2, legalizing the medical use of Marijuana for qualifying Missouri patients. Amendment 2 became Article XIV of the Missouri Constitution, effective December 6, 2018, and granted the Missouri Department of Health and Senior Services (DHSS) the authority and responsibility to create a well-regulated program to ensure the availability of and safe access to medical marijuana. Thus, the Section for Medical Marijuana Regulation (SMMR) was created within DHSS to oversee the Medical Marijuana Regulatory Program (MMRP).

While some states allow both medical and recreational use of marijuana, Article XIV only authorizes the medical use of marijuana. Medical marijuana refers to any strain of cannabis with a tetrahydrocannabinol content of greater that 0.3% on a dry weight basis.

Per 19 CSR 30-95.030, no qualifying patient shall consume marijuana for medical use in a public place, unless otherwise provided by law. 19 CSR 30-95.030 defines a public place as any public or private property, or portion of public or private property, that is open to the general public, including, but not limited to, sidewalks, streets, bridges, parks, schools and businesses.

However, for purposes of designating a non-public place within a public place, the owner or entity of any such property may, but is not required to, provide one or more enclosed, private spaces where a qualifying patient may consume medical marijuana. See 19 CSR 30-95.030 for further explanation and detail.