Adult and medical use of marijuana are both legal in Clay County. Following the approval of Amendment 2 in 2018, qualifying patients or caregivers with medical marijuana cards and cultivation identification cards may cultivate medical marijuana in an enclosed and locked shared space. A limit of 12 flowering marijuana plants, 12 nonflowering plants, and 12 clones may be grown by two individuals (either two patients, a patient and a caregiver, or two caregivers). However, if one of the two individuals is a registered patient and caregiver, a maximum of 18 flowering marijuana plants, 18 nonflowering plants, and 18 clones may be cultivated.
Medical Marijuana Cultivation Facilities are licensed by the Section for Medical Marijuana Regulation (SMMR) to cultivate marijuana commercially. Cultivation may be done indoors, outdoors, or in greenhouses. As of January 2023, Clay County has six cultivation facilities located mainly in the cities of Kansas and Smithville that operate under the following conditions:
The facility should be 1,000 feet away from any daycare, elementary or secondary school, or church. Appropriate security and surveillance systems must be installed inside and outside the facility to prevent unauthorized access.
Outdoor cultivation may only be allowed if the area is not easily seen in public and the facility has an exterior barrier around the cultivation area. A fence at least eight feet tall and made out of six gauge metal or a stronger link topped with a razor wire is required. A total of 2,800 flowering plants may be cultivated outdoors.
Indoor cultivation may have a maximum flowering plant canopy space of 30,000 square feet. On the other hand, greenhouses using both natural and artificial lighting may grow up to 2,800 flowering plants or have a maximum of 30,000 square feet of flowering plant canopy space.
While the approval of Amendment 3 in December 2022 legalized the adult use of marijuana, Clay County residents will still have to wait until February 2023 to apply for a consumer personal cultivation identification card. Moreover, marijuana may only be available for consumers to purchase on the same date after licensed medical facilities (cultivators, manufacturers, dispensaries, and transporters) convert their licenses to comprehensive facilities.
Clay County has 15 licensed Medical Marijuana-Infused Products Manufacturing Facilities in Kansas, North Kansas, Liberty, and Smithville. These facilities are allowed by law to purchase, store, produce, transport, and sell marijuana-infused goods to a medical marijuana dispensary, testing facility, or to another manufacturing facility.
Manufacturing facilities must comply with the conditions stated in 19 CSR 30-95:
Implement a perpetual inventory control system and procedure.
Ensure that employees are adequately trained.
Create and enforce an odor control system to address odor mitigation practices.
Adhere to applicable food safety standards under 19 CSR 20-1.
Install air-handling systems to minimize the risk of explosions and fires due to volatile solvents.
Marijuana-infused products must be packaged in child-resistant containers with appropriate labels, including the total weight of the marijuana.
Products must have traceability information generated by the statewide track and trace system.
Yes, 18 licensed medical marijuana dispensary facilities are operating in Clay County as of January 2023. Qualifying patients and caregivers may purchase medical marijuana products such as flowers, pre-rolls, vaporizers, concentrates, edibles, tinctures, and topicals in Excelsior Springs, Gladstone, Kansas, Kearney, Liberty, and Smithville.
As of December 2022, medical marijuana cardholders may purchase a total of 6 ounces of medical marijuana for a 30-day period. This allotment may be increased depending on physician recommendation. On the other hand, consumers who are at least 21 years old may be able to purchase adult-use marijuana as early as February 2023 with a limit of up to 3 ounces per transaction. A valid government-issued identification card will be required from consumers.
Medical marijuana dispensary facilities in Clay County are licensed to deliver marijuana and marijuana-infused products to medical marijuana cardholders. When these facilities convert their license to a comprehensive license, delivery of adult-use marijuana to consumers may also be permitted.
Dispensaries offering delivery services are required to utilize a vehicle without markings that will identify it as transporting marijuana. The vehicle must be equipped with a secure lockbox to store marijuana, a GPS tracking device, and video cameras. An inventory manifest from the statewide track and trace system must be brought by the delivery personnel at all times. This will contain the names of the delivery personnel, delivery schedule, estimated delivery time, and transportation route. Prior to delivery, all marijuana and marijuana products must be paid for by the buyer before the items leave the dispensary. A medical marijuana identification card and government-issued identification card will be asked from the receiver upon delivery.
Clay County residents who have any of the following qualifying medical conditions may apply for a medical marijuana card: cancer, epilepsy, glaucoma, intractable migraines unresponsive to other treatment, a chronic medical condition that causes severe, persistent pain or persistent muscle spasms, debilitating psychiatric disorders, HIV/AIDS, a chronic medical condition generally treated with medications that may lead to dependence, a terminal illness, amyotrophic lateral sclerosis, autism, inflammatory bowel disease, Crohn’s disease, Huntington’s disease, neuropathies, sickle cell anemia, cachexia, agitation of Alzheimer’s disease, wasting syndrome, or any other chronic, debilitating conditions.
Qualifying patients must first be certified by a physician practicing medicine, osteopathy, or a nurse practitioner. Patients must complete their application only through the registry portal within 30 days after the certifying physician or nurse practitioner submits the Electronic Physician Certification Form. The patient may check the portal to track the status of their application. For inquiries, the department may be reached through:
Division of Cannabis Regulation
PO Box 570
Jefferson City, MO 65102-0570
Toll-Free Access Line: 866-219-0165
(9:00 am - 3:00 pm CST Tuesday-Thursday)
Email address: firstname.lastname@example.org
On top of Missouri’s 4% tax rate for medical marijuana, Clay County imposes a 1.12% regular sales tax. Local cities may also have additional taxes depending on their regulations. On the other hand, adult-use marijuana will have a 6% state tax rate and additional local taxes when it becomes available.
As of January 2023, around 4% of Clay County’s population are registered as medical marijuana patients (10,099 out of 253,335). This population contributed to Missouri’s increasing dispensary sales since 2020 – $0.35 million in sales in October 2020 to $605.31 million in December 2022. All taxes collected from marijuana sales are deposited into the state’s Veterans, Health, and Community Reinvestment Fund and are allocated as stated in Article XIV of the Constitution.
Crime rates in Clay County have reduced since Missouri legalized the use of medical marijuana in 2018. Based on the available report of the Clay County Sheriff’s Office on the FBI Crime Data Explorer, marijuana possession offenses significantly decreased from 170 arrests in 2018 to 50 arrests in 2021. Meanwhile, a decrease in marijuana sales offenses was also observed, from two arrests in 2018 to none in 2021.
Crime rates related to the legalization of adult-use marijuana are yet to be reported, as its use was only legalized in 2022.