Definitions. As used in this Article
XX, the following terms shall mean:
ADMINISTER
The direct application of Medical Marijuana to a Qualifying Patient, to the extent allowed by and pursuant to the terms of Article
XIV, Section 1 of the Missouri Constitution, 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, oils, and other Marijuana-Infused Products;
3.
Application of ointments or balms;
4.
Transdermal patches and suppositories;
5.
Consuming Marijuana-Infused food Products;
6.
Any other method recommended by a Qualifying Patient's Physician or Nurse Practitioner as authorized by Article
XIV, Section 1 of the Missouri Constitution.
CHURCH
A permanent building primarily and regularly used as a place
of religious worship.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A Facility licensed by the Department where Cultivation operations
for Medical or adult use occur. A Comprehensive Marijuana Cultivation
Facility need not segregate or account for its Marijuana Products
as either adult-use Marijuana or Medical Marijuana.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A Facility licensed by the Department where Marijuana Product is dispensed for Medical or adult use. 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 Article
XIV of the Missouri Constitution and provided for by general or local law.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A Facility licensed by the Department where Marijuana-Infused
Products and Prerolls are manufactured for Medical or adult use. 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
Someone at least twenty-one (21) years of age.
CULTIVATION
As related to activity authorized pursuant to Article
XIV of the Missouri Constitution and all rules and regulations issued by the Department, the process by which a person, business, or legal Entity promotes the germination and growth of a seed to a mature Marijuana plant.
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.
DISPENSARY FACILITY
A Medical Marijuana Dispensary Facility, a Comprehensive
Marijuana Dispensary Facility, or a Microbusiness Dispensary Facility.
ELEMENTARY OR SECONDARY SCHOOL
A public school as defined in Section 160.011, RSMo., or
any private school giving instruction in a grade or grades not higher
than the 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
1.
A stationary, fully enclosed, locked space equipped with functioning
security devices that permit access to only the Consumer(s), Qualifying
Patient(s), or Primary Caregiver(s) who have informed the Department
that this is the space where they will Cultivate Marijuana; and
2.
The plants within the Enclosed, Locked Facility must not be
visible to the unaided eye from a public space.
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.
FACILITY
The physical structure(s), including strip malls, and the
premises on which the physical structures are located which are used
by a licensed or certified Entity to perform its licensed or certified
functions, whether the Entity is licensed or certified as a Medical
Facility, Research Facility, or a Marijuana Facility.
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 facility agent 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 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 BUSINESS
A Marijuana Facility, a Medical Facility, and a Marijuana
Research Facility.
MARIJUANA FACILITY
A Comprehensive Marijuana Cultivation Facility, Comprehensive
Marijuana Dispensary Facility, Marijuana Testing Facility, Transportation
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 but shall not include a Medical Facility
or Marijuana Research Facility.
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" does not include industrial hemp as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
MARIJUANA PRODUCT
Marijuana, Marijuana-Infused Products, or other products
made using Marijuana, including Prerolls, unless otherwise provided
for in the Department's rules.
MARIJUANA RESEARCH FACILITY
A Facility licensed by the Department where activities intended
to facilitate scientific research or education related to Marijuana
product occur.
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-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.
MEDICAL FACILITY
Any Medical Marijuana Cultivation Facility, Medical Marijuana
Dispensary Facility, or Medical Marijuana-Infused Products Manufacturing
Facility.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to engage in the process
of Cultivating Marijuana that is limited to Medical Use at a Medical
Marijuana Cultivation 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 where Marijuana is
dispensed only for Medical Use. Medical Marijuana 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 USE
The production, possession, delivery, distribution, transportation, or administration of Marijuana or a Marijuana-Infused Product, or Marijuana Accessories used to Administer Marijuana or a Marijuana-Infused Product as provided by Article
XIV, Section 1 of the Missouri Constitution, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
MICROBUSINESS DISPENSARY FACILITY
A Facility licensed by the Department to engage in the process
of dispensing Marijuana for Medical Use or adult use. Microbusiness
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 Microbusiness Dispensary Facility's
authority to process Marijuana shall include the creation of Prerolls.
MICROBUSINESS WHOLESALE FACILITY
A Facility licensed by the Department to where Marijuana
Cultivation operations for Medical or adult use occur and/or where
Marijuana-Infused Products and Prerolls are manufactured for Medical
Use or adult use. A Microbusiness Wholesale Facility may cultivate
up to two hundred fifty (250) Flowering Plants at any given time.
A Microbusiness Wholesale Facility's authority to process Marijuana
shall include the creation of Prerolls and Infused Prerolls.
NURSE PRACTITIONER
An individual who is licensed and in good standing as an
advanced practice registered nurse, or successor designation, under
Missouri law.
PHYSICIAN
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
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 under the rules and regulations
of the Department and possesses a Department issued Primary Caregiver
or Primary Caregiver Cultivation Identification Card.
QUALIFYING PATIENT
An individual diagnosed with at least one (1) qualifying
medical condition as defined in Missouri State law and possessing
a Department issued Qualifying Patient or Qualifying Patient Cultivation
Identification Card.
TRANSPORTATION FACILITY
A Facility certified by the Department to house operations
involving the transport of Marijuana Product from a Marijuana Facility
or Medical Facility; or to a Qualifying Patient, Primary Caregiver,
or Consumer.