For Missourians who will be receiving a medical marijuana patient license, the next logical step is understanding options for procuring cannabis.
Patient licensees will be permitted to purchase medical marijuana from any dispensary statewide. There will be no designations required as the statewide seed to sale system and monitoring software, combined with the diligence of dispensary employees and proper training, will eliminate issues with looping and diversion.
But Missouri patient licensees do have alternatives. As part of Amendment 2, now Article XIV of the state constitution, Missourians who qualify for a medical marijuana patient license may also apply to cultivate at home.
There is an additional fee and several rules and regulations exist specific to home cultivation, but Missourians who have a green thumb are well within their rights to grow their own medicine.
There are some advantages to purchasing directly from a dispensary: labeling, consistent dosages, etc. But for those who choose to farm their own cannabis at home, here are a list of things to prepare you prior to completing the application.
What do I need to do to grow medical marijuana at home?
In addition to the general patient license, patients who wish to cultivate at home will be subject to an additional $100 fee and will need :
- The address of the facility in which the qualifying patient will cultivate marijuana;
- A description of the security arrangements and processes that will be used to restrict access to only qualifying patients and their primary caregivers;
- The name and Patient License Number or Caregiver License Number, if applicable, of one other qualifying patient or primary caregiver with whom the cultivating facility will be shared;
- A statement affirming the applicant’s agreement to immediately make available access to the patient cultivation facility upon request from the department. Such access will be only for purposes of confirming compliance with this rule and will be limited to the enclosed locked facility and any areas necessary to reach and enter the facility on a path of the patient’s or primary caregiver’s choosing;
- An attestation that the information provided in the application is true and correct;
- The signature of the qualifying patient and date the qualifying patient signed, or, in the case of a non-emancipated qualifying patient, the signature of the parent or legal guardian who will serve as the primary caregiver for the qualifying patient and the date the parent or legal guardian signed;
What additional rules and regulations will I need to comply with for home cultivation?
- All qualifying patient cultivation must take place in an enclosed, locked facility.
- All cultivated flowering marijuana plants in the possession of a qualifying patient or a primary caregiver shall be clearly labeled with the qualifying patient’s name.
- The department shall provide each qualifying patient or primary caregiver who receives a
qualifying patient cultivation identification card with a cultivation authorization, which shall be clearly displayed within the enclosed cultivation area and in close proximity to the marijuana plants. The authorization shall list the name of the qualifying patient or primary caregiver and the address of the facility in which that qualifying patient or primary caregiver is authorized to cultivate marijuana. - If a qualifying patient or primary caregiver uses combustible gases or other dangerous materials to extract resins from marijuana, the qualifying patient’s or primary caregiver’s identification card may be revoked for up to 1 year
- Nothing in that section shall convey or establish a right to cultivate medical marijuana in a facility where state law or a private contract would otherwise prohibit doing so.
What is an “enclosed, locked facility?”
According to DHSS regulations, the term “enclosed, locked facility” means: (A) An indoor stationary closet, room, garage, greenhouse, or other comparable fully enclosed space equipped with locks or other functioning security devices that permit access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana; or (B) An outdoor stationary structure:
- That is enclosed on all sides, except at the base, by chain-link fencing, wooden slats, or a similar material that is anchored, attached, or affixed to the ground and that cannot be accessed from the top;
- In which the plants are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure at any level; and
- That is equipped with locks or other security devices that restrict access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana.
How much marijuana can I grow at home?
A qualifying patient may cultivate up to six flowering marijuana plants, six nonflowering marijuana plants over 14 inches tall, and six “clones” or plants under fourteen inches tall in a single, enclosed locked facility. Two patients, who both hold valid patient cultivation licenses, may share one enclosed, locked facility.
No more than 12 flowering marijuana plants, 12 nonflowering plants, and 12 clones may be cultivated in a single, enclosed locked facility by patients.
All plants must remain in the possession of the qualifying patient or primary caregiver and must be clearly labeled with the qualified patient’s name.
All cultivated flowering marijuana plants in the possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient’s name.
Identification cards for qualifying patients and primary caregivers will include unique, identifying numbers for each patient and each caregiver/patient relationship.
*Caregivers may cultivate for up to three patients (including themselves) in a single facility.
What is a “flowering plant?”
According to DHSS, a “flowering plant” is defined as a marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.
How much medical marijuana can I possess in my home?
Patients who are cultivating marijuana for medical use may have in their possession up to a 90 day supply of dried, unprocessed marijuana or its equivalent, so long as the supply of medical marijuana cultivated remains on property under their control.
A patient license holder is allowed to purchase or possess 4 ounces in a 30 day period, a 90 day supply is 12oz of dried, unprocessed marijuana, or its equivalent.
How does the state define limits for concentrates and edibles?
DHSS rules define 1 ounce of dried, unprocessed marijuana as equivalent to 8 grams of medical marijuana concentrate or 800 milligrams of THC contained in infused products.
May multiple patients or caregivers cultivate in the same facility if each individual has a designated and restricted space?
Per DHSS, “Yes, if the space involved follows all rules and regulations. The (department) won’t regulate closeness.”
How should patients handle contractors and repair persons access? Is it as simple as monitoring the individual while on site?
DHSS tells Greenway, “This should be followed in a practical manner. If this need occurs then it will be the patient or caregiver responsibility to protect their license. They should definitely supervise and monitor the work being done similar to if you had to have work done in a pharmacy, etc.”
Indoor Cultivation Requirements
Pursuant to 19 CSR 30-95.010(12), an indoor enclosed locked facility should be a stationary closet, room, garage, greenhouse, or other comparable fully enclosed space equipped with locks or other functioning security devices that permit access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana.
Outdoor Cultivation Requirements
An outdoor enclosed locked facility should be a stationary structure that is enclosed on all sides, except at the base, by chain-link fencing, wooden slats, or a similar material that is anchored, attached, or affixed to the ground and that cannot be accessed from the top. The plants cannot be visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure at any level. Finally, the outdoor structure must be equipped with locks or other security devices that restrict access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana.
Multiple Cultivation Locations
By rule, an applicant can only cultivate in one single location at any given time. However, an applicant can submit both an indoor and outdoor location description, provided that the applicant clearly specifies when they will be growing inside and when they will be growing outside.
Access Vs Sharing
Access refers to qualifying patients and caregivers who are accessing the space for the specific set of plants tied to the specific cultivation license. Only qualified, licensed patients and caregivers may have access to a cultivation space. They will need to be listed in the “Cultivation Security Arrangements and Processes:” details within the application.
Sharing refers to qualifying patient and caregivers who are growing their own cultivation in the same space with another cultivator. Sharing does not include sharing plants; it is only about sharing physical space. Cultivators who are sharing a space must be listed in the application. This can be done by answering “Yes” to the question “Will this cultivation be shared?” on the Questions tab of the application. If this individual has not yet, but will be applying for cultivation or to be your caregiver, please type “Applying for Cultivation” or “Applying for Caregiver” in the “License number of Patient/Caregiver” box in the application.
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