Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.040 - Consumers, Qualifying Patients, and Primary Caregivers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Under Article XIV, Section 1 of the Missouri
				  Constitution, patients with qualifying medical conditions have the right to
				  discuss freely with their physicians the possible benefits of medical marijuana
				  use and the right to use medical marijuana for treatment under the ethical
				  supervision of a physician or nurse practitioner. Additionally, under Article
				  XIV, Section 2 of the Missouri Constitution, adults at least twenty-one (21)
				  years of age have the right to access marijuana. Pursuant to the same article,
				  the Department of Health and Senior Services is tasked with ensuring patient
				  access to medical marijuana and adult access to marijuana, subject to
				  reasonable restrictions. This rule explains how the department will implement
				  provisions of Article XIV related to consumers, qualifying patients, and
				  primary caregivers.
(1)
				Consumers. Individuals twenty-one (21) years of age and older may purchase and
				possess marijuana product in accordance with the rules set forth herein.
				Consumers may obtain authority to cultivate as set forth below.
(2) Qualifying patients. Individuals eighteen
				(18) years of age or older and emancipated individuals under the age of
				eighteen (18) may obtain a medical marijuana patient identification card to
				purchase and possess medical marijuana product in accordance with the rules set
				forth herein. Non-emancipated individuals under the age of eighteen (18) may
				obtain a medical marijuana patient identification card with the written consent
				of a custodial parent or legal guardian. Qualifying patients, with the
				exception of non-emancipated minors, may also obtain authority to cultivate as
				set forth below.
(A) Medical marijuana patient
				identification cards are valid for three (3) years.
(B) Physician or nurse practitioner
				certification.
1. All qualifying patients must
				have a physician or nurse practitioner certification confirming the qualifying
				patient has at least one qualifying medical condition.
2. A physician or nurse practitioner
				certification is required for all new and renewal patient
				applications.
3. The physician or
				nurse practitioner certification must be submitted within a new or renewal
				patient application, and the signature date on the certification must be less
				than thirty (30) days old on the application's submission date.
(C) Qualifying patient
				responsibilities.
1. No qualifying patient
				shall smoke marijuana product for medical use in a public place, unless
				provided by law.
2. No qualifying
				patient who is under the care of a primary caregiver may serve as the primary
				caregiver for another qualifying patient.
3. If a qualifying patient is no longer
				entitled to medical marijuana product or no longer wishes to hold a medical
				marijuana identification card, they must notify the department within ten (10)
				days of that change. The department will confirm in writing that the qualifying
				patient has voluntarily surrendered the identification card and that the
				identification card is no longer valid.
(D) Non-emancipated qualifying patients.
				Individuals under the age of eighteen (18) may obtain a medical marijuana
				patient identification card with the written consent of a custodial parent or
				legal guardian.
1. A physician or nurse
				practitioner shall not issue a certification for the medical use of marijuana
				product for a non-emancipated qualifying patient without the written consent of
				a parent or legal guardian of the qualifying patient.
2. The department shall not issue a
				qualifying patient identification card on behalf of a non-emancipated
				qualifying patient without the written consent of a parent or legal guardian of
				the qualifying patient. Such card shall be issued to the parent or guardian and
				not directly to the patient.
3.
				Only a parent or legal guardian may serve as a primary caregiver for a
				non-emancipated qualifying patient.
4. Only the qualifying patient's parent or
				legal guardian who holds a primary caregiver identification card shall purchase
				or possess medical marijuana product for a nonemancipated qualifying
				patient.
5. A parent or legal
				guardian who holds a primary caregiver identification card shall supervise the
				administration of medical marijuana product to a non-emancipated qualifying
				patient.