Reading regulations: Q&A with Denise B. McCracken
Denise B. McCracken, one of the leading attorneys in the cannabis industry, has released a new book covering the rules and regulations governing the Missouri cannabis industry.
McCracken was voted Greenway Magazine’s Reader’s Choice for Missouri’s Best Industry Lawyer 2022 and is the founder of D.B. McCracken Law, LLC, a cannabis-focused law firm in St. Louis, Missouri. She previously published Missouri Cannabis Laws and Regulations 2020: Legalization Edition.
McCracken’s newest published work released this week in digital format.
Missouri Cannabis Laws and Regulations 2023: Adult Use Emergency Rules Edition is now available on Amazon. The book aims to simplify the complexities of cannabiscompliance for operators in Missouri, with this iteration focusing on the emergency rules governing operators through August of 2023.
“Cannabis compliance is a work in progress,” McCracken explained. “By consolidating carefully selected material in one place, efficiency improves progress.”
Missouri Cannabis Laws and Regulations 2023 contains a growing body of laws, rules, and agency public direction related to Missouri’s medical and adult use cannabis program.
The ebook edition includes:
- Article XIV Sections 1 and 2 of the Missouri Constitution
- Statutes
- Emergency Rules
- Proposed Rules
- Variances
- Waivers
- Guidance Documents
- Alcohol Advertising Regulations
Detailed descriptions in the Table of Contents and Editor’s Notes are designed to give the reader tools to grasp and navigate the text, McCracken explained.
What should operators be focused on with the launch of emergency rules?
With the launch of the Emergency Rules, operators should know that substantial changes were made to the medical-only regulations. Compliance personnel likely already know this and have compared the Rescinded and Emergency Rules. Operators should focus on reviewing, re-reviewing, and then again reviewing the Emergency Rules.
What are a few important takeaways?
Everyone’s plates have been full since Missourians voted in favor of adult use legalization on November 8, 2022. Understanding and implementing the rules will be a work in progress for operators, vendors, and the new Division of Cannabis Regulation. Mistakes will be made. Nonetheless, the onus is on the operator to know and understand the rules before commencing adult use operations. The Division of Cannabis Regulation issued several temporary 3-month and 6-month waivers in its recent Guidance Documents. Operators should review those waivers to prioritize implementation.
What dates are coming up that are important for operators to remember?
March 1st – Licensees are required to complete standard operating procedure (SOP) updates and staff training.
March 5th – Physical inventory reports for the month of February 2023 are due. Licensees must submit monthly physical inventory reports by the fifth of each month for the previous month.
How should operators be preparing to transition from the emergency rules to the proposed rules?
First, the Proposed Rules will be officially published in the March 1, 2023 edition of the Missouri Register. Anyone may voice their opinion on any of the Proposed Rules within thirty (30) days of publication in the Missouri Register.
Second, the Proposed Rules and Emergency Rules are identical, with two exceptions: testing (19 CSR 100-1.110) and packaging (19 CSR 100-1.120). Operators and third-party vendors should know the differences and plan accordingly well in advance.
