DHSS: Draft Rules Cultivation Facility

Title 19 – DEPARTMENT OF HEALTH AND SENIOR SERVICES Division 30 – Division of Regulation and Licensure

The DHSS released new draft rules for medical marijuana cultivation facilities. Key issues:

  1. Cultivation limitations

  2. Cultivation Facility Requirements

Chapter 95 – Medical Marijuana 19 CSR 30-95.050 Cultivation Facility

Purpose: Under Article XIV of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control Medical Marijuana Facilities. This rule explains what regulations apply only to Cultivation Facilities.

(1) Cultivation Facility Licenses.

(A) The number of cultivation facility licenses will be limited to sixty (60) unless the department determines the limit must be increased in order to meet the demand for medical marijuana by qualifying patients.

(B) A facility license will be issued for a single facility in a single location. Combinations of licenses at the same location must be approved pursuant to 19 CSR 30-95.040(3)(C).

(2) Cultivation Facility Requirements.

In addition to the requirements for cultivation facilities in 19 CSR 30-95.040, cultivation facilities shall also comply with the following.

(A) Cultivation facilities may cultivate medical marijuana in indoor, outdoor, or greenhouse facilities or some combination of the three (3).

1. Each indoor facility utilizing artificial lighting will be limited to no more than thirty thousand (30,000) square feet of flowering plant canopy space.

2. Each outdoor facility utilizing natural lighting will be limited to no more than two thousand eight hundred (2800) flowering plants.

3. Each greenhouse facility using a combination of natural and artificial lighting will be limited to, at the election of the licensee, either no more than two thousand eight hundred (2800) flowering plants or no more than thirty thousand (30,000) square feet of flowering plant canopy.

4. If a cultivation facility is operating with multiple cultivation licenses in the same location, the size limitations of the cultivation facility will be multiplied by the number of licenses.

(B) Facilities may not use a pesticide in the cultivation of marijuana if the pesticide appears on the list of prohibited pesticides published on the department’s website for medical marijuana. The facility must keep records, by month and by batch, of all pesticides, herbicides, fertilizers, and other agricultural chemicals applied to marijuana plants and growing medium during production and processing at its facility for at least five (5) years.

(C) Facilities must develop, implement, and maintain an odor control plan, which shall address odor mitigation practices including, but not limited to, engineering controls, such as system design and operational processes, which shall be reviewed and certified by a professional engineer or a certified industrial hygienist as sufficient to effectively mitigate odors for all odor sources.

(D) Cultivation facilities must ensure all facility employees are trained in at least the following.

1. The use of security measures and controls that have been adopted by the facility for the prevention of diversion, inversion, theft, or loss of marijuana;

2. Procedures for responding to an emergency, including severe weather, fire, natural disasters, and unauthorized intrusions;

3. Standards for maintaining the confidentiality of information related to the medical use of marijuana, including but not limited to compliance with the Health Insurance Portability and Accountability Act;

4. The methods of cultivation used by the facility; and

5. The facility’s safety and sanitation procedures.

(E) A cultivator shall ensure that a consistent supply of medical marijuana is available to the market by timing its harvests such that no more than one hundred twenty (120) days elapse between harvests.

(F) Cultivation facilities shall not transfer medical marijuana from the facility, except to a testing facility, until the medical marijuana has been tested by a testing facility, according to the provisions of 19 CSR 30-95.070, and the cultivation facility has received verification from the testing facility that the medical marijuana passed all required testing.

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