Cannabis law in Missouri

Enacted

November 8, 2022

Home grow

Yes, 6 plants

Delivery

Yes

Amendment 3 adopted Nov 8 2022; registered adults may cultivate 6 flowering plus 6 nonflowering plants and 6 clones; comprehensive dispensaries may deliver with Department approval under 19 CSR 100-1.180(2)(D); DCR sales dashboard covers adult-use sales but the exact first-sale date (reported Feb 3 2023) was not confirmed on a reachable page.

Enacted

November 6, 2018

Home grow

Yes, 6 plants

Delivery

Yes

Amendment 2 adopted Nov 6 2018; patients or caregivers with a cultivation card may grow 6 flowering plus 6 nonflowering plants and 6 clones; DCR sales data runs from October 2020 (first medical sales month).

Statute

Mo. Const. Art. XIV Secs. 1 and 2

Administrative code

19 CSR 100-1

Agency

Home

Rules

Published rules

Licensing

Portal

Bulletins

Notices

Statute

Mo. Const. Art. XIV Sec. 1

Administrative code

19 CSR 100-1

Agency

Home

Licensing

Portal

Statute

Mo. Const. Art. XIV Sec. 1 (seed-to-sale tracking system)

Administrative code

19 CSR 100-1

Agency

Home

Statute

Mo. Const. Art. XIV

Agency

Home

Agency

Home

Amount

6%

Applied to

Retail Price

Programs

Adult Use

Stacks with sales tax

Yes

Collected by

Collected By Each Licensed Retail Marijuana Facility At The Point Of Sale And Paid To The Missouri Department Of Revenue

Filing

Monthly. DOR: Marijuana Dispensaries Must File And Remit The Marijuana Tax On A Monthly Basis, On The Same Due Dates As Sales And Use Tax Returns, On Form 5808 Or Through The Marijuana Tax Return System

Amount

4%

Applied to

Retail Price

Programs

Medical

Stacks with sales tax

Yes

Collected by

Collected By Each Licensed Marijuana Dispensary Facility At The Point Of Sale And Paid To The Missouri Department Of Revenue

Filing

Monthly, On The Same Due Dates As Sales And Use Tax Returns, On Form 5808 Or Through The Marijuana Tax Return System (Missouri DOR Marijuana Page)

Flower G

170.1

Concentrate G

48

Edible Thc Mg

4800

Counted as

Flower Equivalent

Enforced across

Statewide Via Trace

Flower G

170.1

Concentrate G

48

Edible Thc Mg

4800

Counted as

Flower Equivalent

Enforced across

Statewide Via Trace

Flower G

170.1

Concentrate G

48

Edible Thc Mg

4800

Counted as

Flower Equivalent

Enforced across

Statewide Via Trace

A dispensary licensee must verify through a valid unexpired government issued photo ID that every consumer is at least twenty-one years of age before sale, delivery or distribution; only a qualifying patient, an emancipated patient under eighteen, or a caregiver acting for a patient may transact below twenty-one.

Trigger

age_verify

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary

Customer classes

Adult, Non Resident

At the time of sale or distribution the licensee must require production of a valid unexpired government issued photo ID, and for delivery orders that documentation must be produced at the time of delivery.

Trigger

age_verify

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

A patient under eighteen who is not emancipated may not transact; only the parent or legal guardian holding a primary caregiver identification card may make the acquisition on that patient's behalf, and the licensee must verify that relationship before completing the sale.

Trigger

patient_verify

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Customer classes

Minor Patient, Caregiver

Block any single transaction to a consumer that exceeds three ounces of dried unprocessed marijuana or its published equivalent, where one ounce of flower equals eight grams of concentrate or eight hundred milligrams of THC in infused products.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary

Customer classes

Adult, Non Resident

Where the licensee knows or reasonably should know that a consumer's repeat purchases in one day would likely put that consumer over the three ounce possession limit, the licensee must report the instance to the department; the second sale itself is not prohibited.

Trigger

reporting

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary

Customer classes

Adult, Non Resident

Do not sell, deliver or distribute to a qualifying patient, or to a primary caregiver on that patient's behalf, any amount of dried unprocessed marijuana or its equivalent that would take that patient over the physician or nurse practitioner authorized amount, which is six ounces in a thirty day period unless a higher amount has been certified and approved.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Customer classes

Patient, Caregiver, Minor Patient

A patient may exceed six ounces in thirty days only where a physician or nurse practitioner has certified compelling reasons and stated the required amount, and where the patient has requested and the department has approved the increase; the increase is not effective until the department approves it.

Trigger

patient_verify

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Customer classes

Patient, Caregiver

Charge six percent of the retail price on adult use sales and four percent on marijuana dispensed for medical use to a registered qualifying patient or caregiver; the six percent tax does not apply to a verified medical sale, so the POS must resolve the customer's class before it can price the tax line.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

For every retail sale the seller must keep a record of all amounts and types of marijuana and the total money involved including itemizations, taxes collected and grand total, kept on the premises in a readily available format, and all records required by the chapter, including trip plans and training records, must be retained at least five years.

Trigger

record_retention

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Comprehensive-Cultivation, Mo-Comprehensive-Manufacturing, Mo-Microbusiness-Wholesale, Mo-Testing-Facility, Mo-Transportation-Certificate

All marijuana product in a facility must be traceable in the state-wide track and trace system at all times and every packaged product must bear a tag with traceability information, so a sale line without a package tag cannot be completed.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Every amount of marijuana product sold or disbursed to a consumer, qualifying patient or primary caregiver must be recorded immediately in the state-wide track and trace system, in grams for dried unprocessed marijuana, prerolls, concentrates and infused prerolls and in milligrams of THC for infused products.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Missouri does not prohibit discounted or free marijuana product at retail, but the disbursement of marijuana product including plants and seeds must be recorded in the state-wide track and trace system even in instances where prices are discounted or waived.

Trigger

discount

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Payment must be received before the marijuana product leaves the dispensary facility, except on a delivery order where payment may be received at any point up to and including the time of delivery, subject to refund if the delivery cannot be completed.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Refunds or credits may be issued as needed, but returns of marijuana product may only be accepted for purposes of disposal; returned product may never re-enter saleable inventory.

Trigger

return

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Every destruction must be entered in a marijuana waste disposal log recording the date and time, location, the names of the video cameras that captured the two angles of destruction, the method of destruction, the mixing medium and the agent ID of each employee who destroyed the product, and non-hazardous product waste must be rendered unusable before leaving the facility, normally by grinding it with other material to at least fifty percent non-marijuana waste by volume.

Trigger

destruction

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Comprehensive-Cultivation, Mo-Comprehensive-Manufacturing, Mo-Microbusiness-Wholesale

Each day's beginning inventory, harvests, acquisitions, sales, disbursements, remediations, disposals, transfers, deliveries and ending inventory must be entered into the state-wide track and trace system with every available field completed including the identity of the facility agent making the record, and licensees must ensure the accuracy of the information entered on a daily basis.

Trigger

shift_close

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Comprehensive-Cultivation, Mo-Comprehensive-Manufacturing, Mo-Microbusiness-Wholesale

On a seed-to-sale system failure or loss of connection to the state-wide track and trace system the licensee must cease performing all actions that are required to be tracked, report the failure to the department within three hours, and on restoration confirm that all inventory and tracking information is accurately reflected.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Comprehensive-Cultivation, Mo-Comprehensive-Manufacturing, Mo-Microbusiness-Wholesale

A discrepancy, meaning product that cannot be accounted for physically or in the state-wide track and trace system, may not be corrected by entering an inventory adjustment until it has been documented, investigated by management personnel and reported to the department within twenty-four hours of discovery; errors involving consumer and patient allotments must likewise be reported and corrected within twenty-four hours.

Trigger

inventory_adjust

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Comprehensive-Cultivation, Mo-Comprehensive-Manufacturing, Mo-Microbusiness-Wholesale

Delivery may be completed at any address as directed by the consumer, qualifying patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana product; Missouri does not confine delivery to a residence and imposes no geographic radius from the store.

Trigger

delivery

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Transportation-Certificate

At the time of delivery the licensee must require production of the qualifying patient or primary caregiver identification card if applicable, a valid unexpired government issued photo ID confirming the recipient's identity and that a consumer is at least twenty-one, and a cultivation identification card for any plant purchase.

Trigger

delivery

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Transportation-Certificate

Before transporting, the agent must complete and print an inventory manifest for the trip generated from the state-wide track and trace system and provided by the originating facility, and must drive a vehicle carrying no marking that indicates marijuana is being transported, fitted with a secure lockbox or locking cargo area of smooth hard cleanable surfaces, a separate lockbox for payments and video recording equipment, video monitoring of the driver and passenger compartment and of any space where product is stored or accessible, and GPS tracking.

Trigger

delivery

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Transportation-Certificate

One facility agent may lawfully deliver alone; the chapter requires only that the agent keep the facility agent identification card and a valid unexpired driver licence accessible at all times, keep a copy of the manifest and trip plan within reach of the driver for the whole trip, and carry a cell phone or other means to reach law enforcement and the department, and it nowhere requires a second agent in a delivery or transport vehicle.

Trigger

delivery

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Transportation-Certificate

Where the dispensary is not taking pre-payment for delivery orders it may deliver to no more than two individuals at the same address on the same day.

Trigger

delivery

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Marijuana product may not move between licensed premises without an inventory manifest generated from the state-wide track and trace system and printed by the sending facility, and the transferring agent must ensure the accuracy of that manifest, prevent contamination and degradation in transit, and ensure a secure handoff.

Trigger

transfer_in

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Comprehensive-Cultivation, Mo-Comprehensive-Manufacturing, Mo-Microbusiness-Wholesale

A microbusiness dispensary may acquire marijuana product only from a microbusiness wholesale facility or another microbusiness dispensary facility, and a microbusiness wholesale facility may transfer only to a testing facility, a transportation facility, a microbusiness dispensary or another microbusiness wholesale facility, so the microbusiness tier is a closed loop that cannot buy from or sell into the comprehensive market.

Trigger

transfer_in

Licence types

Mo-Microbusiness-Dispensary

Every employee, contractor, owner having access to the facility and volunteer must obtain a department issued agent identification card before beginning work, must be at least twenty-one, and must keep the card visible on their person along with a government issued photo ID at all times while working in the facility or on behalf of the licensee.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Comprehensive-Cultivation, Mo-Comprehensive-Manufacturing, Mo-Microbusiness-Wholesale, Mo-Testing-Facility, Mo-Transportation-Certificate

In any limited access area where marijuana product is accessible the licensee must have at least one facility agent present for every three consumers, qualifying patients or primary caregivers combined, and an agent serving a drive-through or pickup window does not count toward that ratio while serving that window.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Each licensee must employ a security manager who conducts a semi annual audit of all security measures at least five months apart and trains employees on security, emergency response and theft prevention within one week of hiring and annually, and must keep facility video for at least sixty days encrypted, security audit records for five years, security malfunction logs and limited access entry records for one year.

Trigger

record_retention

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Comprehensive-Cultivation, Mo-Comprehensive-Manufacturing, Mo-Microbusiness-Wholesale, Mo-Testing-Facility, Mo-Transportation-Certificate

A department approved sign reading that it is against the law to operate a dangerous device, motor vehicle, aircraft or motorboat while under the influence of marijuana must be posted at each point of egress and on, beside or immediately above every drive-through drawer, and the dispensary must make educational materials available to all customers covering addiction resources, impairment, pregnancy and breastfeeding, secondhand smoke, poisoning risk, administration methods and onset times, and department contact details.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

All marijuana product sold in Missouri must have originated from marijuana grown and cultivated in a licensed cultivation facility located in Missouri, and a facility may not allow the sale or display of marijuana product or accessories to be visible from a public place outside the facility without optical aids.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

No advertisement of marijuana may contain any representation that is false or misleading in any way, any statement that use of marijuana has or tends to appear to have curative or therapeutic effects unless the statement has been evaluated and approved by the FDA, any content attractive to children including the shape or part of the shape of an animal or fruit or realistic, artistic, caricature or cartoon renderings including of a human shape, or any statement about a brand that is inconsistent with the labeling.

Trigger

advertising

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Comprehensive-Cultivation, Mo-Comprehensive-Manufacturing, Mo-Microbusiness-Wholesale

Marijuana product may be advertised or marketed only in compliance with all applicable municipal ordinances, state law and rules regulating signs and advertising; outdoor signage and interior signage visible from a public right of way must comply with local sign ordinances, and no licensee may use exterior signage or advertising that does not accurately reflect its legal, business, d/b/a or trade name on record with the department.

Trigger

advertising

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Marijuana product must carry the word Marijuana printed at least as large as any other words, the red and white universal symbol diamond containing THC with an M beneath and, for infused products, the package THC milligrams below the diamond, plus a label listing ingredients, servings and doses, best if used by date, originating licence number, testing licensee, the state-wide track and trace tag number for the mandatory test, exact weight in grams or infused product THC in milligrams, per serving cannabinoid figures, terpenes if tested, instructions for use, expected onset duration, the department issued packaging approval number and the warning that cognitive and physical impairment may result from the use of marijuana and to keep it out of reach of children; every product, packaging and label design must be pre-approved by the department before use.

Trigger

labeling

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary, Mo-Comprehensive-Manufacturing, Mo-Comprehensive-Cultivation, Mo-Microbusiness-Wholesale

Missouri sets no statewide hours of sale; a local government may not prohibit marijuana facilities or make their operation unduly burdensome, but it may enact ordinances governing the time, place and manner of operation in its locality, so the store's trading window comes from the municipal or county ordinance and must be configured per location.

Trigger

sale

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

For any transaction involving a qualifying patient, a primary caregiver or a personal cultivation purchase the licensee must require the department issued identification card (or a substantially equivalent card issued in another jurisdiction) plus government photo ID, verify through the state-wide track and trace system that the person is currently authorized to purchase the amount requested, and scan the card barcode into that system to track the purchase.

Trigger

patient_verify

Licence types

Mo-Comprehensive-Dispensary, Mo-Microbusiness-Dispensary, Mo-Medical-Dispensary

Customer classes

Patient, Caregiver, Minor Patient