For
the purposes of this Chapter, the following words and phrases shall
have the meanings set forth in this Section:
ADMINISTER
The direct application of marijuana by way of any of the
following methods:
1.
Ingestion of capsules, teas, oils, and other marijuana-infused
products;
2.
Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils and other marijuana-infused products;
3.
Application of ointments or balms;
4.
Transdermal patches and suppositories;
5.
Consuming marijuana-infused food products; or
6.
Any other method recommended by a qualifying patient's physician
or nurse practitioner.
CHURCH
A permanent building primarily and regularly used as a place
of religious worship.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to acquire, cultivate,
process, package, store on-site or off-site, transport to or from,
and sell marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as clones) to a medical facility, comprehensive facility,
or marijuana testing facility. A comprehensive marijuana cultivation
facility need not segregate or account for its marijuana products
as either non-medical marijuana or medical marijuana. A comprehensive
marijuana cultivation facility's authority to process marijuana shall
include the creation of prerolls but shall not include the manufacture
of marijuana-infused products.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying patient or primary caregiver, as those terms are defined in Section 1 of Article
XIV of the Missouri Constitution, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of Article
XIV of the Missouri Constitution and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in this Article
XIV of the Missouri Constitution and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department to acquire, process,
package, store, manufacture, transport to or from a medical facility,
comprehensive facility, or marijuana testing facility, and sell marijuana-infused
products, prerolls, and infused prerolls to a marijuana dispensary
facility, a marijuana testing facility, or another marijuana-infused
products manufacturing facility. A comprehensive marijuana-infused
products manufacturing facility need not segregate or account for
its marijuana products as either non-medical marijuana or medical
marijuana.
CONSUMER
A person who is at least twenty-one (21) years of age.
DAYCARE
A child-care facility, as defined by Section 210.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
DEPARTMENT
The Missouri Department of Health and Senior Services, or
its successor agency.
DISQUALIFYING FELONY OFFENSE
A violation of, and conviction of or guilty plea to, State
or Federal law that is, or would have been, a felony under Missouri
law, regardless of the sentence imposed, unless the Department determines
that:
1.
The person's conviction was for the medical use of marijuana
or assisting in the medical use of marijuana;
2.
The person's conviction was for a non-violent crime for which
he or she was not incarcerated and that is more than (5) five years
old; or
3.
More than (5) five years have passed since the person was released
from parole or probation, and he or she has not been convicted of
any subsequent criminal offenses.
ELEMENTARY OR SECONDARY SCHOOL
Any public school as defined in Section 160.011, RSMo., or
any private school giving instruction in a grade or grades not higher
than the twelfth (12th) grade, including any property owned by the
public or private school that is regularly used for extracurricular
activities, but does not include any private school in which education
is primarily conducted in private homes.
ENCLOSED, LOCKED FACILITY
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 consumers,
qualifying patient(s) or primary caregiver(s) who have informed the
Department that this is the space where they will cultivate marijuana;
or
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 consumers, qualifying patient(s) or primary caregiver(s)
who have informed the Department that this is the space where they
will cultivate marijuana.
ENTITY
A natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited liability company, general or limited partnership,
limited liability partnership, joint venture, or any other legal entity.
FLOWERING PLANT
A marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
IDENTIFICATION CARD
A document, whether in paper or electronic format, issued
by the Department that authorizes a consumer cultivator, qualifying
patient, primary caregiver, or employee or contractor of a licensed
facility to access marijuana as provided by law.
INFUSED PREROLL
A consumable or smokable marijuana product, generally consisting
of: (1) a wrap or paper; (2) dried flower, buds, and/or plant material;
and (3) a concentrate, oil or other type of marijuana extract, either
within or on the surface of the product. Infused prerolls may or may
not include a filter or crutch at the base of the product.
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "marihuana" do not include industrial hemp as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
MARIJUANA ACCESSORIES
Any equipment, product, material, or combination of equipment,
products, or materials which is specifically designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, ingesting, inhaling,
or otherwise introducing marijuana into the human body.
MARIJUANA FACILITY
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, marijuana testing facility, comprehensive
marijuana-infused products manufacturing facility, microbusiness wholesale
facility, microbusiness dispensary facility, or any other type of
marijuana-related facility or business licensed or certified by the
Department pursuant to this Section but shall not include a medical
facility licensed Missouri law.
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
MARIJUANA TESTING FACILITY
A facility certified by the Department to acquire, test,
certify, and transport marijuana, including those originally licensed
as a medical marijuana testing facility.
MARIJUANA TRANSPORTATION FACILITY
A facility certified by the Department to transport marijuana,
marijuana seeds, clones, and marijuana-infused products to or from
a marijuana facility or medical facility, or to a qualifying patient,
primary caregiver, or consumer.
MEDICAL FACILITY
Any medical marijuana cultivation facility, medical marijuana
dispensary facility, or medical marijuana-infused products manufacturing
facility, as defined in this Section.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to acquire, cultivate,
process, package, store on-site or off-site, transport to and from,
and sell marijuana and marijuana seeds, and marijuana vegetative cuttings
(also known as clones) to a medical marijuana dispensary facility,
medical marijuana testing facility, medical marijuana cultivation
facility, or to a medical marijuana-infused products manufacturing
facility. A medical marijuana cultivation facility's authority to
process marijuana shall include the production and sale of prerolls,
but shall not include the manufacture of marijuana-infused products.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department to acquire, process,
package, store on-site or off-site, sell, transport to and from, and
deliver marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as clones), marijuana-infused products, and drug paraphernalia
used to administer marijuana as provided for in this Chapter to a
qualifying patient, a primary caregiver, anywhere on the licensed
property or to any address as directed by the patient or primary caregiver,
so long as the address is a location allowing for the legal possession
of marijuana, another medical marijuana dispensary facility, a marijuana
testing facility, a medical marijuana cultivation facility, or a medical
marijuana-infused products manufacturing facility. Dispensary facilities
may receive transaction orders at the dispensary in person, by phone,
or via the internet, including from a third party. A medical marijuana
dispensary facility's authority to process marijuana shall include
the production and sale of prerolls, but shall not include the manufacture
of marijuana-infused products.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department to acquire, process,
package, store on-site or off-site, manufacture, transport to and
from, and sell marijuana-infused products to a medical marijuana dispensary
facility, a marijuana testing facility, a medical marijuana cultivation
facility, or to another medical marijuana-infused products manufacturing
facility.
MEDICAL USE
The production, possession, delivery, distribution, transportation,
or administration of marijuana or a marijuana-infused product, or
drug paraphernalia used to administer marijuana or a marijuana-infused
product, for the benefit of a qualifying patient to mitigate the symptoms
or effects of the patient's qualifying medical condition.
NURSE PRACTITIONER
An individual who is licensed and in good standing as an
advanced practice registered nurse, or successor designation, under
Missouri law.
PATIENT
See definition of "Qualified Patient."
PHYSICIAN
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law. A license is in good standing
if it is registered with the Missouri Board of Healing Arts as current,
active, and not restricted in any way, such as by designation as temporary
or limited. Practice of medicine or osteopathy means practice by persons
who hold a physician and surgeon license pursuant to Chapter 334,
RSMo., including those who are admitted to practice in Missouri by
reciprocity pursuant to Section 334.043, RSMo.
PHYSICIAN OR NURSE PRACTITIONER CERTIFICATION
A document, whether handwritten, electronic or in another
commonly used format, signed by a physician or nurse practitioner
and stating that, in the physician's or nurse practitioner's professional
opinion, the patient suffers from a qualifying medical condition.
PREROLL
A consumable or smokable marijuana product, generally consisting
of: (1) a wrap or paper; and (2) dried flower, buds, and/or plant
material. Prerolls may or may not include a filter or crutch at the
base of the product.
PRIMARY CAREGIVER
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such on the primary caregiver's application
for an identification card under this Chapter or in other written
notification to the Department.
PUBLIC PLACE
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 with control of any such property may, but is
not required to, provide one (1) or more enclosed, private spaces
where one (1) qualifying patient and, if required by the owner or
entity with control of any such property, a representative of such
owner or entity, may congregate for the qualifying patient to consume
medical marijuana. The qualifying patient may be accompanied by the
family of the qualifying patient, the qualifying patient's primary
caregiver, and/or the qualifying patient's physician. The owner or
entity with control of any such property may provide such a space
by individual request or designate such a space for ongoing use and
may limit use of medical marijuana in that space to uses that do not
produce smoke. Any such permission shall be given in writing and provided
to the qualifying patient or publicly posted prior to a qualifying
patient's use of medical marijuana in that space.
QUALIFYING MEDICAL CONDITION
The condition of, symptoms related to, or side effects from,
the treatment of:
4.
Intractable migraines unresponsive to other treatment;
5.
A chronic medical condition that causes severe, persistent pain
or persistent muscle spasms, including, but not limited to, those
associated with multiple sclerosis, seizures, Parkinson's disease,
and Tourette's syndrome;
6.
Debilitating psychiatric disorders, including, but not limited
to, post traumatic stress disorder, if diagnosed by a State licensed
psychiatrist;
7.
Human immunodeficiency virus or acquired immune deficiency syndrome;
8.
A chronic medical condition that is normally treated with a
prescription medication that could lead to physical or psychological
dependence, when a physician or nurse practitioner determines that
medical use of marijuana could be effective in treating that condition
and would serve as a safer alternative to the prescription medication;
10.
In the professional judgment of a physician or nurse practitioner,
any other chronic, debilitating or other medical condition, including,
but not limited to, Hepatitis C, amyotrophic lateral sclerosis, inflammatory
bowel disease, Crohn's disease, Huntington's disease, autism, neuropathies,
sickle cell anemia, agitation of Alzheimer's disease, cachexia, and
wasting syndrome.
QUALIFYING PATIENT
An individual diagnosed with at least one (1) qualifying
medical condition.
UNDULY BURDENSOME
Means that the measures necessary to comply with the rules
or ordinances adopted pursuant to this Chapter subject licensees or
potential licensees to such a high investment of money, time, or any
other resource or asset that a reasonably prudent businessperson would
not operate the marijuana facility.