Understanding compliance as a medical marijuana patient

In fact, it’s often difficult to get a uniform or complete answer regarding compliance for patients, even from trusted sources.

DHSS has done an outstanding job, from an industry perspective, of being receptive, open, and forthright. But with over 20,000 patients – each with at least a few questions, the best the department can do is to provide an informative, but not all encompassing FAQ.

With that in mind Greenway for Patients has assembled some of the most popular and often misunderstood questions asked by patients. All information has been verified by DHSS.

 

Can a doctor give or sell medical marijuana to patients?

No.

How many ounces may a person have in their possession while in a motor vehicle?

Purchase and possession limitations are defined in the Missouri state statute:

(A) Qualifying patients may only purchase, or have purchased on their behalf by their primary caregivers, four (4) ounces of dried, unprocessed marijuana per qualifying patient, or its equivalent, in a thirty- (30-) day period.

(B) Qualifying patients may only possess, or instruct a primary caregiver to possess on their behalf—

• 1. In the case of qualifying patients who do not cultivate or have medical marijuana cultivated on their behalf, up to a sixty- (60-) day supply of dried, unprocessed marijuana per qualifying patient, or its equivalent; or
• 2. In the case of qualifying patients who are cultivating marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf, up to a ninety- (90-) day supply of dried, unprocessed marijuana or its equivalent, so long as the supply of medical marijuana cultivated by the qualifying patients or primary caregivers remains on property under their control.

(C) All medical marijuana purchased from a dispensary must be stored in or with its original packaging. 

(D) Primary caregivers may possess a separate legal limit for each qualifying patient under their care and a separate legal limit for themselves if they are a qualifying patient, each of which shall be stored separately for each qualifying patient and labeled with the qualifying patient’s name.

(E) Purchase and possession limits established in this section shall not apply to a qualifying patient with written certification from two (2) independent physicians that there are compelling reasons why the qualifying patient needs a greater amount than the limits established in this section.

• 1. In such a case, both independent physicians must state in their certifications what amount the qualifying patient requires, which shall then be that patient’s limit.
• 2. If the two (2) independent physicians disagree on what amount should be the patient’s limit, the lower of the two (2) amounts shall be that patient’s limit.
• 3. If the patient’s limit is increased after receiving a qualifying patient identification card, the qualifying patient or primary caregiver shall notify the department within ten (10) days of the change.

The patient identification card does not offer individuals protections from violating laws pertaining to operating a motorized vehicle while under the influence. Nothing in Article XIV permits a person to operate, navigate, or be in actual physical control of any dangerous device or motor vehicle, aircraft or motorboat while under the influence of marijuana.

How many may ounces may a patient possess at home or is it the same amount?

Patients who do not cultivate, or have marijuana cultivated for them, will have the same possession limits listed above, regardless of location.

Patients or caregivers who cultivate medical marijuana will have an increased possession limit of up to a 90 day supply:

In the case of qualifying patients who are cultivating marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf, up to a ninety- (90-) day supply of dried, unprocessed marijuana or its equivalent, so long as the supply of medical marijuana cultivated by the qualifying patients or primary caregivers remains on property under their control.

As listed in section E above, possession limits may also be increased with certification from two independent physicians. Ensure that any increase is documented and verified while traveling.

Can a person possess marijuana right after they visit the doctor or do they have to wait for DHSS to approve it? 

The patient must have submitted an application to be approved by the state to legally possess marijuana. While an application is pending, the physician certification form may serve as the patient’s authorization. Article XIV of the Missouri Constitution provides that applications will be acted upon by the Department within 30 days after receipt.

Since I have my card now I can legally possess and use my medicine, is this correct?

Yes

May a patient who does not cultivate possess concentrates and edibles right now?

Yes. Additionally, it is important to understand how concentrates, extracts, and edibles are measured: For purposes of purchase and possession limitations, one (1) ounce of dried, unprocessed marijuana is equivalent to eight (8) grams of medical marijuana concentrate or eight hundred (800) milligrams of THC in infused products.

What solvents can a patient use to make concentrates?

DHSS reiterated that no concentrates, extracts, etc. can be produced using any combustible chemicals. They did not provide an approved list of methods.

Are there any limit or rules on paraphernalia, for instance, pipes, bongs, scales?

Neither Article XIV, nor (DHSS) rules, define limitations on paraphernalia.

If my doctor recommends a greater monthly purchase or possession amount, can I also grow more?

Under no circumstance will a qualifying patient be entitled to cultivate, or have
cultivated on his or her behalf, more than six (6) flowering marijuana plants.