Bill Summary – FastDemocracy

SECOND REGULAR SESSION
                          HOUSE JOINT
                       RESOLUTION NO. 103
                              103RD GENERAL ASSEMBLY


                            INTRODUCED BY REPRESENTATIVE SASSMANN.

    4027H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                     JOINT RESOLUTION
    Submitting to the qualified voters of Missouri an amendment repealing Sections 1 and 2 of
          Article XIV of the Constitution of Missouri, and adopting two new sections in lieu
          thereof relating to the advertising and promotion of marijuana sales.


    Be it resolved by the House of Representatives, the Senate concurring therein:

           That at the next general election to be held in the state of Missouri, on Tuesday next
 following the first Monday in November, 2026, or at a special election to be called by the
 governor for that purpose, there is hereby submitted to the qualified voters of this state, for
 adoption or rejection, the following amendment to Article XIV of the Constitution of the state
 of Missouri:
           Section A. Sections 1 and 2, Article XIV, Constitution of Missouri, are repealed and
 two new sections adopted in lieu thereof, to be known as Sections 1 and 2, to read as follows:
           Section 1. 1. Purposes.
        This section is intended to permit state-licensed physicians and nurse practitioners to
 recommend marijuana for medical purposes to patients with serious illnesses and medical
 conditions. The section allows patients with qualifying medical conditions the right to
 discuss freely with their physicians and nurse practitioners the possible benefits of medical
 marijuana use, the right of their physicians and nurse practitioners to provide professional
 advice concerning the same, and the right to use medical marijuana for treatment under the
 supervision of a physician or nurse practitioner.


    EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
    intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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          This section is intended to make only those changes to Missouri laws that are
 necessary to protect patients, their primary caregivers, and their physicians and nurse
 practitioners from civil and criminal penalties, and to allow for the limited legal production,
 distribution, sale and purchase of marijuana for medical use. This section is not intended to
 change current civil and criminal laws governing the use of marijuana for nonmedical
 purposes. The section does not allow for the public use of marijuana and driving under the
 influence of marijuana.
          2. Definitions.
          (1) "Administer" means the direct application of marijuana to a qualifying patient by
 way of any of the following methods:
          (a) Ingestion of capsules, teas, oils, and other marijuana-infused products;
          (b) Vaporization or smoking of dried flowers, buds, plant material, extracts, oils, and
 other marijuana-infused products;
          (c) Application of ointments or balms;
          (d) Transdermal patches and suppositories;
          (e) Consuming marijuana-infused food products; or
          (f) Any other method recommended by a qualifying patient's physician or nurse
 practitioner.
          (2) "Church" means a permanent building primarily and regularly used as a place of
 religious worship.
          (3) "Daycare" means a child-care facility, as defined by section 210.201, RSMo, or
 successor provisions, that is licensed by the state of Missouri.
          (4) "Department" means the department of health and senior services, or its successor
 agency.
          (5) "Entity" means a natural person, corporation, professional corporation, nonprofit
 corporation, cooperative corporation, unincorporated association, business trust, limited
 liability company, general or limited partnership, limited liability partnership, joint venture, or
 any other legal entity.
          (6) "Flowering plant" means a marijuana plant from the time it exhibits the first signs
 of sexual maturity through harvest.
          (7) "Infused preroll" means 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.
          (8) "Marijuana" or "marihuana" means 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
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 marijuana plant and marijuana-infused products. "Marijuana" or "marihuana" do not include
 industrial hemp, as defined by Missouri statute, or commodities or products manufactured
 from industrial hemp.
          (9) "Marijuana-infused products" means 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.
          (10) "Medical facility" means any medical marijuana cultivation facility, medical
 marijuana dispensary facility, or medical marijuana-infused products manufacturing facility,
 as defined in this section.
          (11) "Medical marijuana cultivation facility" means a facility licensed by the
 department to acquire, cultivate, process, package, store on site or off site, transport to or
 from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as
 clones) to a medical marijuana dispensary facility, medical marijuana testing facility, medical
 marijuana cultivation facility, or to a medical marijuana-infused products manufacturing
 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.
          (12) "Medical marijuana dispensary facility" means a facility licensed by the
 department to acquire, process, package, store on site or off site, sell, transport to or from, and
 deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones),
 marijuana-infused products, and drug paraphernalia used to administer marijuana as provided
 for in this section to a qualifying patient, a primary caregiver, anywhere on the licensed
 property or to any address as directed by the patient or primary caregiver, so long as the
 address is a location allowing for the legal possession of marijuana, another medical
 marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation
 facility, or a medical marijuana-infused products manufacturing facility. 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.
          (13) "Medical marijuana-infused products manufacturing facility" means a facility
 licensed by the department to acquire, process, package, store on site or off site, manufacture,
 transport to or from, and sell marijuana-infused products to a medical marijuana dispensary
 facility, a marijuana testing facility, a medical marijuana cultivation facility, or to another
 medical marijuana-infused products manufacturing facility.
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         (14) "Marijuana testing facility" means a facility certified by the department to
 acquire, test, certify, and transport marijuana, including those originally licensed as a medical
 marijuana testing facility.
         (15) "Medical use" means the production, possession, delivery, distribution,
 transportation, or administration of marijuana or a marijuana-infused product, or drug
 paraphernalia used to administer marijuana or a marijuana-infused product, for the benefit of
 a qualifying patient to mitigate the symptoms or effects of the patient's qualifying medical
 condition.
         (16) "Nurse practitioner" means an individual who is licensed and in good standing as
 an advanced practice registered nurse, or successor designation, under Missouri law.
         (17) "Owner" means an individual who has a financial (other than security interest,
 lien, or encumbrance) or voting interest in ten percent or greater of a marijuana facility.
         (18) "Physician" means an individual who is licensed and in good standing to practice
 medicine or osteopathy under Missouri law.
         (19) "Physician or nurse practitioner certification" means a document, whether
 handwritten, electronic or in another commonly used format, signed by a physician or a nurse
 practitioner and stating that, in the physician's or nurse practitioner's professional opinion, the
 patient suffers from a qualifying medical condition.
         (20) "Preroll" means 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.
         (21) "Primary caregiver" means an individual twenty-one years of age or older who
 has significant responsibility for managing the well-being of a qualifying patient and who is
 designated as such on the primary caregiver's application for an identification card under this
 section or in other written notification to the department.
         (22) "Qualifying medical condition" means the condition of, symptoms related to, or
 side-effects from the treatment of:
         (a) Cancer;
         (b) Epilepsy;
         (c) Glaucoma;
         (d) Intractable migraines unresponsive to other treatment;
         (e) A chronic medical condition that causes severe, persistent pain or persistent
 muscle spasms, including but not limited to those associated with multiple sclerosis, seizures,
 Parkinson's disease, and Tourette's syndrome;
         (f) Debilitating psychiatric disorders, including, but not limited to, posttraumatic
 stress disorder, if diagnosed by a state licensed psychiatrist;
         (g) Human immunodeficiency virus or acquired immune deficiency syndrome;
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         (h) A chronic medical condition that is normally treated with a prescription
 medication that could lead to physical or psychological dependence, when a physician or
 nurse practitioner determines that medical use of marijuana could be effective in treating that
 condition and would serve as a safer alternative to the prescription medication;
         (i) Any terminal illness; or
         (j) In the professional judgment of a physician or nurse practitioner, any other
 chronic, debilitating or other medical condition, including, but not limited to, hepatitis C,
 amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn's disease, Huntington's
 disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer's disease, cachexia,
 and wasting syndrome.
         (23) "Qualifying patient" means an individual diagnosed with at least one qualifying
 medical condition.
         (24) "Unduly burdensome" (when referring to a facility licensee or certificate holder)
 means the measures necessary to comply with the rules or ordinances adopted pursuant to this
 section subject the party to such a high investment or expense of money, time, or any other
 resource or asset that a reasonably prudent businessperson would not operate the facility; and
 (when referring to qualifying patients, primary caregivers, physicians, nurse practitioners, or
 other party) "unduly burdensome" means the measures necessary to comply with the rules or
 ordinances adopted pursuant to this section undermine the purpose of this section.
         3. Creating Patient Access to Medical Marijuana.
         (1) In carrying out the implementation of this section, the department shall have the
 authority to:
         (a) Grant or refuse state licenses and certifications for the cultivation, manufacture,
 dispensing, sale, testing, tracking, and transportation of marijuana and marijuana-infused
 products for medical use, as provided by this section and general law; suspend, impose an
 authorized fine, restrict, or revoke such licenses and certifications upon a violation of this
 section, general law, or a rule promulgated pursuant to this section; and impose any
 administrative penalty authorized by this section or any general law enacted or rule
 promulgated pursuant to this section, so long as any procedure related to a suspension or
 revocation includes a reasonable cure period, not less than thirty days, prior to the suspension
 or revocation, except in instances where there is a credible and imminent threat to public
 health or public safety.
         (b) Promulgate rules and emergency rules necessary for the proper regulation and
 control of the cultivation, manufacture, dispensing, and sale of marijuana for medical use and
 for the enforcement of this section so long as patient access is not restricted unreasonably and
 such rules are reasonably necessary for patient safety or to restrict access to only licensees
 and qualifying patients.
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          (c) Develop such forms, certificates, licenses, identification cards, and applications as
 are necessary for, or reasonably related to, the administration of this section or any of the
 rules promulgated under this section.
          (d) Require a seed-to-sale tracking system that tracks medical marijuana from either
 the seed or immature plant stage until the medical marijuana or medical marijuana-infused
 product is sold to a qualifying patient or primary caregiver to ensure that no medical
 marijuana grown by a medical marijuana cultivation facility or manufactured by a medical
 marijuana-infused products manufacturing facility is sold or otherwise transferred except by a
 medical marijuana dispensary facility. The department shall certify, if possible, at least two
 commercially available systems to licensees as compliant with its tracking standards and
 issue standards for the creation or use of other systems by licensees.
          (e) Issue standards for the secure transportation of marijuana and marijuana-infused
 products. The department shall certify entities which demonstrate compliance with its
 transportation standards to transport marijuana and marijuana-infused products to or from a
 medical marijuana cultivation facility, a medical marijuana-infused products manufacturing
 facility, a medical marijuana dispensary facility, a marijuana testing facility, or another entity
 with a transportation certification. The department shall develop or adopt from any other
 governmental agency such safety and security standards as are reasonably necessary for the
 transportation of marijuana and marijuana-infused products. Any entity licensed or certified
 pursuant to this section shall be allowed to transport and store marijuana, marijuana seeds,
 marijuana vegetative cuttings (also known as clones) and marijuana-infused products for
 purposes related to transportation in compliance with department regulations on storage of
 marijuana and marijuana-infused products.
          (f) The department may charge a fee not to exceed $5,000 for any certification issued
 pursuant to this section.
          (g) Prepare and transmit annually a publicly available report accounting to the
 governor for the efficient discharge of all responsibilities assigned to the department under
 this section.
          (h) Establish a lottery selection process to select medical marijuana licensee and
 certificate applicants, only in cases where more applicants apply than the minimum number of
 licenses or certificates as calculated by this section. To be eligible for the medical marijuana
 license lottery process, an applicant cannot have an owner who has pleaded or been found
 guilty of a disqualifying felony. A "disqualifying felony offense" is a violation of, and
 conviction or guilty plea to, state or federal law that is, or would have been, a felony under
 Missouri law, regardless of the sentence imposed, unless the department determines that:
          a. The person's conviction was for a marijuana offense, other than provision of
 marijuana to a minor; or
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         b. The person's conviction was for a non-violent crime for which he or she was not
 incarcerated and that is more than five years old; or
         c. More than five years have passed since the person was released from parole or
 probation, and he or she has not been convicted of any subsequent felony criminal offenses.
         The department may consult with and rely on the records, advice, and
 recommendations of the attorney general and the department of public safety, or their
 successor entities, in carrying out the provisions of this subdivision.
         In establishing a lottery selection process to select medical marijuana licensee and
 certificate applicants and awarding licenses and certificates, the department may consult or
 contract with other public agencies with relevant expertise. The department shall lift or ease
 any limit on the number of licensees or certificate holders in order to meet the demand for
 marijuana for medical use by qualifying patients.
         (2) The department shall issue any rules or emergency rules necessary for the
 implementation and enforcement of this section and to ensure the right to, availability, and
 safe use of marijuana for medical use by qualifying patients. In developing such rules or
 emergency rules, the department may consult with other public agencies. In addition to any
 other rules or emergency rules necessary to carry out the mandates of this section, the
 department may issue rules or emergency rules relating to the following subjects:
         (a) Compliance with, enforcement of, or violation of any provision of this section or
 any rule issued pursuant to this section, including procedures and grounds for denying,
 suspending, imposing an authorized fine, and restricting, or revoking a state license or
 certification issued pursuant to this section, so l