St. Louis County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in St. Louis County?

Yes, cannabis cultivation is allowed in St. Louis County. Medical marijuana was legalized in 2018 in the state of Missouri, while recreational marijuana will become legal on December 8, 2022, as a result of the passage of Amendment 3 on the November 2022 ballot. However, the department has 60 days from the date of receipt to approve any new application. Hence, the department will start accepting applications for consumer personal cultivation on February 6, 2023. Once approved, this will permit individuals at least 21 years old to grow plants for personal, non-commercial use in a secure, enclosed space at home. The requirement in applying for a recreational marijuana cultivation facility is the same as the medical marijuana cultivation facility unless the department announces changes in the future.

In the meantime, medical marijuana cultivation facilities are operational. Article XIV of the Missouri Constitution states that an entity may submit an application to the Department of Health and Senior Services (DHHS) for one or more licenses (indoor, outdoor, or greenhouse) to operate as a medical marijuana cultivation facility. Each operational facility must have a separate license, while multiple licenses may be used in a single facility:

1. Indoor cultivation- The department may set a cap of 30,000 square feet of blooming plant canopy space for each indoor facility using artificial lighting.

2. Outdoor cultivation- The department may set a limit of 2,800 flowering plants per outdoor facility that uses natural lighting.

3. Cultivation in a greenhouse- The department may, at the licensee's option, set a limit of 2,800 blooming plants or 30,000 square feet of flowering plant canopy for any greenhouse facility that uses both natural and artificial lighting.

The license is valid for three years from the date of issuance and is renewable unless there is good cause. For all applicants who submit an application within three years of December 6, 2018, the department must charge each applicant a nonrefundable fee of $10,000 per license application or renewal. For all applicants who submit an application after that date, the nonrefundable fee will be $5,000 per license application or renewal. Following issuance, the department will charge each licensee a $25,000 annual fee per facility license. Any organization with essentially the same level of control, ownership, or management cannot receive more than three licenses for medicinal marijuana cultivation facilities.

In addition, patients may grow marijuana at home after receiving a patient cultivation card. Cultivation authorizations attached to an eligible patient's or primary caregiver's medical marijuana ID card are only valid for as long as the qualifying patient's or primary caregiver's medical marijuana ID card remains valid. No matter how much time is left on the patient's or caregiver's medical marijuana ID card's validity, the cultivation application charge will be the same for all cultivation requests. Up to six flowering marijuana plants, six clones (plants below fourteen inches tall), and six nonflowering marijuana plants (over fourteen inches tall) may be grown at any given time by licensed patients or caregivers on their behalf. Article XIV states that all cultivation of a qualifying patient must take place in an enclosed, locked area with security measures that only allow access by the qualifying patient or that patient's primary caregiver.

Shared cultivation is also allowed. Two qualified patients who are both in possession of valid qualifying patient cultivation identification cards may share a single, enclosed, locked facility. A qualifying patient or primary caregiver may grow no more than twelve flowering marijuana plants in a single, enclosed, locked facility unless a primary caregiver also holds a qualifying patient cultivation identification card. In that case, no more than eighteen flowering marijuana plants may be grown in a single, enclosed, locked facility.

Is Cannabis Manufacturing Legal in St. Louis County?

Yes, cannabis manufacturing is allowed in St. Louis County. According to Article XIV, an organization may submit an application to the department and acquire one or more licenses to run a manufacturing facility for medical marijuana-infused products. A separate license is required for every functioning facility. A license is valid for three years after the date of issuance and is renewable unless for good cause. The department must impose a nonrefundable fee of $6,000 on each applicant for each license application or renewal submitted within three years of December 6, 2018, and a nonrefundable cost of $3,000 on each applicant for each license application or renewal submitted after that date. Once granted, the department will impose an annual cost of $10,000 per facility license on each licensee.

The department may limit the overall number of licenses issued to manufacturing facilities for marijuana-infused products. However, the restriction may not be lower than one license for every 70,000 residents, or any portion thereof, of Missouri, according to the most recent United States census. There will be no impact if the population of Missouri declines.

All medical marijuana-infused products sold in Missouri must be manufactured in a medical marijuana-infused product manufacturing facility. No new medical manufacturing facility shall be initially located within 1,000 feet of any then-existing child daycare center, elementary or secondary school, or church unless the local government permits.

Pursuant to Section 195.805 of the Narcotic Drug Act, no edible marijuana-infused item, packaging, or logo marketed in Missouri in accordance with Article XIV of the Missouri Constitution may include a human, animal, or fruit-shaped design, including renderings that are realistic, artistic, caricature-like, or cartoonish. Circles, squares, rectangles, and triangles are only a few examples of geometric shapes that are acceptable.

The following universal symbol for such items must be stamped on each box or package with or within a package containing an edible marijuana-infused product that contains ten milligrams or more of tetrahydrocannabinol (THC):

1. A diamond with "THC" written on it;

2. The letter "M" next to the diamond's "THC" to indicate that the item is intended for medical use;

3. The package's THC content in milligrams.

The universal symbol must be printed in red and white on the front of the package and must be one-half inch by one-half inch from point to point.

As for recreational marijuana, the department will begin accepting proposals on December 8, 2022, from existing medical facility licensees to shift or convert to a comprehensive facility. According to the new law (Amendment 3), the department may not grant new comprehensive facility licenses (except for existing medical licensees) for at least 548 days. Microbusiness applications are an exception to this. Applications for microbusinesses will be available starting on September 4, 2023.

Is Cannabis Retail Legal in St. Louis County?

Yes, St. Louis County allows the sale of marijuana in the following forms: edible products, capsules, oil, teas, tinctures, ointments, balms, transdermal patches, suppositories, concentrates, and seeds. To run a medical marijuana dispensary facility, an organization may submit an application to the department and be granted one or more licenses. A separate license is required for every operational facility. A license must be valid for three years after the date of issuing and is renewable unless there is good cause. The department must impose a nonrefundable fee of $6,000 on each applicant for each license application or renewal submitted within three years of December 6, 2018, and a nonrefundable cost of $3,000 on each applicant for each license application or renewal submitted after that date. Once granted, the government will impose an annual cost of $10,000 per facility license on each licensee. This is pursuant to Article XIV.

No new medical dispensary facility shall be initially located within 1,000 feet of any then-existing child daycare center, elementary or secondary school, or church unless the local government permits.

Pursuant to Code of State Regulations 30-95.080, dispensary facilities, in performing each transaction, must receive the transaction order directly from the qualifying patient or primary caregiver at the dispensary, either in person, by phone, or online, and not from a third party. At the time of sale, dispensary facilities must ensure that the qualifying patient or primary caregiver is authorized to buy the amount of medical marijuana requested. In the case of a seed purchase, the patient or primary caregiver must be currently authorized to cultivate medical marijuana using the statewide track and trace system.

In accordance with Code of State Regulations 30-95.030, only the qualifying patient's parent or legal guardian (on behalf of a non-emancipated qualified patient under the age of 18) who is in possession of a primary caregiver identification card may buy or possess medical marijuana.

Dispensary facilities may not sell medical marijuana until it has been tested and validated as passing all needed tests by a testing facility in accordance with the provisions of the Code of State Regulations 30-95.070. The licensed premises of dispensary facilities cannot be used for the consumption of medical marijuana, nor may doctors meet with patients there to certify them as qualified patients.

Dispensaries are also allowed to sell medical marijuana to other dispensaries in Missouri, pursuant to the Code of State Regulations 30-95.010.

As for recreational marijuana, the department will begin accepting proposals on December 8, 2022, from existing medical facility licensees to shift or convert to a comprehensive facility. Adult-use products should be accessible as early as February 2023 because the department has 60 days from the date of receipt to accept those requests.

Furthermore, according to the new law, the department may not grant new comprehensive facility licenses (except for existing medical licensees) for at least 548 days. Microbusiness applications are an exception to this. Applications for microbusinesses will be available starting on September 4, 2023.

Is Cannabis Delivery Legal in St. Louis County?

Yes. Dispensaries are permitted to offer home delivery to patients who have valid medical marijuana cards. The Code of State Regulations 30-95.100 states that before transporting medical marijuana, the facility from where the marijuana originated must print an inventory manifest for the trip. The following details must be included in the manifest, which must be produced using the state's track and trace system:

1. The name of the people transporting the medical marijuana

2. The date and time that the transit will begin

3. The estimated time of delivery

4. The anticipated transportation route

Before making a delivery to an eligible patient or caregiver, dispensaries must first receive payment for the items. This is pursuant to the Code of State Regulations 30-95.100.

Deliveries between marijuana facilities are also allowed. Medical marijuana dispensaries may transport medical marijuana to other medical marijuana dispensaries, manufacturing facilities, or testing facilities.

How to Get Medical Marijuana Card in St. Louis County

Applicants who intend to apply for a Missouri Medical Marijuana card must be examined by a Missouri-licensed physician who is active and in good standing to practice osteopathy (DO) or medicine (MD) in order to complete an Electronic Physician Certification Form (Electronic Form). Under the new law (Amendment 3), ​​nurse practitioners are now eligible to see the patient and complete an electronic form. Physicians and nurse practitioners who wish to submit an electronic form must first register with the department. Patients must then complete an online application via the registry portal within 30 days of the doctor's signature date after the doctor has submitted a finished Electronic Form.

Qualifying patient online applications must include the following:

• Proof of Missouri residency (one of the following: copy of a Missouri identification card, a valid Missouri driver's license, a recent Missouri utility bill, or current Missouri motor vehicle registration) —Note that the new law will no longer require proof of Missouri residency on December 8, 2022

• Physician certification form

• Additional required items (a clear copy of the qualifying patient's government-issued photo ID, either from the state or the federal government, a parental/legal guardian consent form for an eligible patient who is not emancipated, and a recent three 3-month old, clear, color photo of the qualified patient's face)

The following is a list of qualifying health conditions under Article XIV:

• Cancer

• Epilepsy

• Glaucoma

• HIV or AIDS

• Migraines that continue to persist despite attempts made at treatment

• A chronic medical condition, such as multiple sclerosis, seizures, Parkinson's disease, or Tourette's syndrome that results in severe, ongoing pain or continuous muscular spasms

• Debilitating psychiatric disorders, such as post-traumatic stress disorder, if evaluated by a state-licensed psychiatrist

• Any terminal illness

• A chronic medical condition that is generally treated with a prescription medicine that can lead to physical or psychological dependence; when a doctor determines that medical marijuana could be beneficial in treating that medical condition and would be a safer alternative to the prescription medication

• In the professional judgment of a physician, other chronic, debilitating, or other health conditions, including but not limited to amyotrophic lateral sclerosis, hepatitis C, Crohn's disease, Huntington's disease, inflammatory bowel disease, autism, neuropathies, agitation of Alzheimer's disease, cachexia, wasting syndrome, and sickle cell anemia

Currently, there are more than 2,000 active medical marijuana patients in St. Louis.

For more information about Missouri's medical marijuana program, you may reach out:

Section for Medical Marijuana Regulation

Jefferson City, MO 65102-0570

Phone: 866-219-0165

Email: medicalmarijuanainfo@health.mo.gov

How Has Cannabis Legalization Impacted the Economy of St. Louis County?

Medical marijuana retail dispensary sales started on October 16, 2020, while recreational marijuana sales are yet to become legal on December 8, 2022. According to Missouri DHHS Section for Medical Marijuana Regulation, the monthly sales in October 2020 were $350,000, and just two years later, in October 2022, the monthly sales skyrocketed to $529.5 million.

The 2021 annual report of the same agency also presented the following achievements:

• 2021 retail sales totaling $190,674,516

• Taxes totaling $6,058,915 deposited in the Missouri Veterans' Health and Care Fund (Veterans' Fund)

• Transfers totaling $6,843,310 were made to the Missouri Veterans Commission, bringing the total amount transferred to $8,978,820

Article XIV stipulates that a 4% tax on the retail sale of medical marijuana must be paid to the Missouri Department of Revenue (DOR) in addition to the licensing fees that DHSS collects. According to Article XIV, DOR may keep up to 5% of the tax revenue for administrative purposes. The remaining taxes must be paid into the Fund by the DOR.

Given the data at hand, the incoming recreational marijuana sales in December 2022 are seen to be more advantageous to the state economy.

The Effects of Cannabis Legalization on Crime Rates in St. Louis County

In 2017, 2018, and 2019, DUI cases in St. Louis County, per FBI crime report, varied from 659 to 415 and 436 arrests, respectively. The number of marijuana-related offenses, on the other hand, dropped from 2019 to 2020 and 2021— from 805 cases to 422 and 463, respectively. This data was made available by the St. Louis County Police Department.

Note that medical cannabis was legalized in Missouri in October 2020.