What Are The Requirements For Obtaining A License To Operate A Marijuana Retail Dispensary in Missouri?
In order to obtain a license to operate a marijuana retail dispensary in Missouri, you must meet the following requirements:1. Submit an application to the Department of Health and Senior Services (DHSS).
2. Meet all federal and state licensing requirements.
3. Prove that you are 21 years or older.
4. Demonstrate financial responsibility.
5. Pass a background check from the Missouri State Highway Patrol.
6. Comply with all local zoning laws and regulations.
7. Submit proof of ownership of the dispensary location or a valid lease agreement for the premises.
8. Provide proof of insurance coverage for the dispensary premises and operations.
9. Obtain a certificate of occupancy from the local government agency responsible for building inspections.
Are There Limitations On The Number Of Marijuana Retail Dispensary Licenses Issued in Missouri?
Yes, there are limitations on the number of marijuana dispensary licenses issued in Missouri. The Missouri Department of Health and Senior Services is responsible for approving and allocating licenses. The total number of dispensary licenses allowed in the state is 192, with 24 licenses allocated to each of the 8 congressional districts.What Zoning Restrictions Or Location Requirements Apply To Marijuana Dispensaries in Missouri?
The Missouri Constitution requires that all medical marijuana dispensaries be located in “zones that are at least 1,000 feet away from any school, church or day care center.” These restrictions do not apply to cannabis testing facilities, but they do apply to any facility that sells marijuana to the public. In addition, local municipalities may also have zoning restrictions or other requirements that must be met by businesses selling marijuana or related products.What Types Of Marijuana Products Can Be Sold In Retail Dispensaries in Missouri?
In Missouri, medical marijuana dispensaries may legally sell marijuana in the form of tablets, capsules, oils, transdermal patches, suppositories, tinctures, and concentrates (including waxes, dabs, oils, and shatter). For inhalation, dispensaries may only legally sell medical marijuana in the form of pre-filled cartridges. Retail dispensaries are not yet open in Missouri.Are There Specific Labeling And Packaging Requirements For Marijuana Products in Missouri?
Yes, there are specific labeling and packaging requirements for marijuana products in Missouri. All containers of marijuana-infused products must be labeled with the name and address of the licensed dispensary, the name of the product, the net weight (in ounces/grams) of the product, the THC content, a warning label, and a list of all ingredients. All containers must also be child-resistant and resealable. Products with THC content greater than 10% must also include a label that states “Keep out of reach of children”. The Missouri Department of Health and Senior Services has specific guidelines for packaging requirements, including a requirement that labels include a statement regarding the health risks associated with consuming marijuana.How Are Marijuana Prices Determined And Regulated in Missouri?
Marijuana prices in Missouri are determined by market forces, such as the availability of supply and demand. Prices are also affected by taxes and other fees charged by the state. As of April 2021, the state of Missouri had established a maximum retail price for medical marijuana, with a 10 percent excise tax on medical marijuana products, along with a 4 percent sales tax. Medical marijuana dispensaries must also pay fees related to licensing, inspections, and other regulatory activities in order to remain compliant. Additionally, the Missouri Department of Health and Senior Services (DHSS) regulates marijuana prices through their Medical Marijuana Program (MMP). The DHSS sets pricing standards based on the cost of production and market prices for cannabis products in the state.What Are The Security And Surveillance Requirements For Marijuana Dispensaries in Missouri?
The security and surveillance requirements for marijuana dispensaries in Missouri are set forth in the Missouri Department of Health and Senior Services (DHSS) regulations. Generally, these requirements include having:• A secure entrance to the dispensary that is equipped with a monitored security alarm system, a video surveillance system, and a secure locking system;
• A secure storage area for marijuana products;
• A secure and private area where customers can discuss and purchase marijuana products;
• An employee access and monitoring system to ensure that only those authorized to enter the dispensary are allowed access;
• Appropriate lighting and signage to help customers identify the dispensary’s location; and
• Appropriate record-keeping procedures to monitor inventory, transactions, and sales.
Are There Restrictions On Advertising And Marketing Of Marijuana Products in Missouri?
Yes, there are restrictions on the advertising and marketing of marijuana products in Missouri. Advertising marijuana products may only be done within the premises of a licensed dispensary and may not be targeted toward minors. Additionally, advertisements may not contain any false or misleading information. Advertising in the form of billboards and direct mail is prohibited.What Is The Minimum Age Requirement For Entering A Marijuana Dispensary in Missouri?
The minimum age requirement for entering a marijuana dispensary in Missouri is 21 years of age.Are There Restrictions On The Hours Of Operation For Marijuana Dispensaries in Missouri?
Yes, there are restrictions on the hours of operation for marijuana dispensaries in Missouri. Dispensaries must close by 9:00 p.m. local time, and are not permitted to open before 7:00 a.m. local time.What Are The Tax Implications For Marijuana Retail Sales in Missouri?
In Missouri, the sale of marijuana is subject to both state and local taxes. Retail sales of marijuana are subject to a 4% state tax, as well as any applicable local sales taxes. All proceeds from marijuana retail sales must be reported to the Missouri Department of Revenue and are subject to audit and investigation. Additionally, businesses selling recreational marijuana must obtain a license from the state which includes a $10,000 application fee, and a $6,000 annual licensing fee.How Are Marijuana Dispensaries Monitored And Inspected For Compliance in Missouri?
In Missouri, Marijuana Dispensaries are monitored and inspected for compliance by the Missouri Department of Health and Senior Services (DHSS). This department is tasked with ensuring that all licensed dispensaries in the state are following their licensing requirements and adhering to all applicable laws. The DHSS will conduct inspections of each dispensary and may also review records and financial documents. They may also take samples of any cannabis products being sold in the dispensary to ensure they are in compliance with state regulations. If a dispensary is found to be in violation of any laws or regulations, they may face fines or even the revocation of their license.What Training And Certification Requirements Apply To Dispensary Staff in Missouri?
The Missouri Department of Health and Senior Services requires dispensary staff to obtain a Medical Marijuana Dispensary Agent Registration Card prior to working in a dispensary. To qualify for the card, applicants must pass a background check and complete an application that includes training and certification requirements. All dispensary agents must complete a four-hour course on the laws, rules, and regulations of the Missouri medical marijuana program, including the security requirements for dispensary operations. The training must be approved by the Department of Health and Senior Services. Additionally, dispensary agents must attend an annual refresher course as approved by the department. Finally, all employees must be at least 21 years of age.Are There Specific Requirements For Record-Keeping And Inventory Control in Missouri?
Yes. Missouri Revised Statutes, Section 414.100, requires certain records of sales and inventories to be maintained. Specifically, retailers must keep a current record of all transactions involving retail sales of cigars, smoking tobacco, alcoholic beverages, and any other taxed items. They must also keep accurate records of inventory levels and prices of all such items. Records must be maintained for a period of at least three years from the date of purchase. Additionally, retailers are required to maintain records of any transactions involving used merchandise and any related transactions involving the transfer or receipt of new merchandise.What Penalties Or Consequences Can Dispensaries Face For Violating Regulations in Missouri?
The Missouri Department of Health and Senior Services (DHSS) has the authority to impose a variety of penalties on dispensaries that violate regulations. These penalties can range from administrative action such as suspension or revocation of the dispensary’s license, to civil penalties, to criminal penalties.Administrative Actions:
DHSS may suspend or revoke a dispensary’s license if it fails to comply with the law or regulations, or engages in conduct detrimental to the public health, safety, or welfare. The department may also impose a civil penalty of up to $5,000 for each violation.
Criminal Penalties:
In addition, criminal penalties may be imposed for violations such as: Unlawful possession of marijuana; Selling or offering to sell marijuana without a license; Selling marijuana to a person under 21 years of age; Operating a dispensary without a license; and Making false statements. The penalties for these offenses range from a class C misdemeanor (up to 15 days in jail) to a class B felony (up to 15 years in prison).
Do Local Municipalities Have The Authority To Ban Or Regulate Marijuana Dispensaries Independently in Missouri?
No, local municipalities do not have the authority to ban or regulate marijuana dispensaries independently in Missouri. The state government has the sole authority to set regulations for marijuana businesses in Missouri, including dispensaries.Is Home Delivery Of Marijuana Products Permitted, And Are There Specific Regulations For It in Missouri?
No, home delivery of marijuana products is not permitted in Missouri. Additionally, there are no specific regulations for home delivery of marijuana products in the state.What Are The Rules For Testing And Quality Control Of Marijuana Products Sold In Dispensaries in Missouri?
Testing and quality control of marijuana products sold in Missouri dispensaries must comply with the state’s medical marijuana program regulations. The regulations require that all marijuana products be tested and labeled according to the standards set forth in the Missouri Medical Marijuana Program’s Quality Assurance Protocol.The testing requirements include:
1. Potency testing to ensure that the THC and CBD levels in cannabis products meet established thresholds;
2. Microbial testing to detect any possible contamination with mold, bacteria, or other contaminants;
3. Testing for residual solvents, pesticides, and heavy metals;
4. Stability testing to determine how the product may degrade over time;
5. Container integrity testing to check packaging for leaks or breaks; and
6. Homogeneity testing to ensure that each batch of cannabis has consistent levels of THC and CBD throughout the package.
In addition, all marijuana products must include a label that specifies the product name, product amount, active ingredients, total THC and CBD content, cannabinoid ratios, and expiration date. Dispensaries are required to retain all test results related to marijuana products for a minimum of two years.
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