Rise in Missouri population creates new constitutional minimum for medical marijuana licenses


With the latest Census results reported Missouri’s officially rises to a
resident population of 6,154,913 and an apportionment population of 6,160,281. Engrained in the constitutional amendment for legalizing medical marijuana in Missouri was not just a foundation determining a minimum number of licenses, but also a threshold for continuing growth. For every 100,000 persons, a cultivation facility must exist – and once established, that number does not lower. Moving forward, Missouri is now constitutionally bound to have at least 62 licensed cultivation facilities. Likewise, for every 70,000 persons, there must exist a manufacturing license, dictating a need for 88 or 89 manufacturing licenses, depending on which population total and methodology the Department uses.

While many would assume that means a few additional licenses to be awarded it’s important to remember that the Department has already awarded two additional cultivation licenses to Heya as part of an AHC decision, and had previously consolidated manufacturing licenses and was working through assigning additional licenses, with those two factors, and the ongoing appeals process, don’t expect new licenses at this time. These minimum requirements will most likely be met through settlements or AHC award.

Applicable text from Article XIV:

(15)  The department may restrict the aggregate number of licenses granted for medical marijuana cultivation facilities, provided, however, that the number may not be limited to fewer than one license per every one hundred thousand inhabitants, or any portion thereof, of the state of Missouri, according to the most recent census of the United States.  A decrease in the number of inhabitants in the state of Missouri shall have no impact.

    

(16)  The department may restrict the aggregate number of licenses granted for marijuana-infused products manufacturing facilities, provided, however, that the number may not be limited to fewer than one license per every seventy thousand inhabitants, or any portion thereof, of the state of Missouri, according to the most recent census of the United States.  A decrease in the number of inhabitants in the state of Missouri shall have no impact.