Missouri cannabis regulators issue new guidance on warehousing
In Missouri, the warehousing of marijuana products is permitted for cultivation, manufacturing, dispensary, microbusiness, and testing licensees, according to the regulations outlined in 19 CSR 100-1.140. Licensees who wish to store marijuana offsite in warehouse facilities must apply for and obtain a separate certificate for each warehousing premises they operate.
Only licensees who have successfully passed a commencement inspection are eligible to apply for a warehouse certification.
Once approved, the warehouse certificate is associated with the licensee’s existing facility license. The expiration and renewal dates of the warehouse certificate align with those of the license for which the warehouse is established, regardless of when the warehouse certificate was applied for or awarded. Warehouse certifications are also subject to annual fee requirements.
Unlike the other listed facilities, transportation licensees are not eligible to obtain warehouse certification. These licensees may only store marijuana products at their facility for purposes directly related to transportation.
A warehouse facility must not share space with any other licensee. For dispensary licenses including a warehouse, the warehouse facility must be located within the same congressional district as the dispensary location.
Warehouse facilities must adhere to all applicable rules and regulations required of existing licenses outlined in 19 CSR 100-1. This includes meeting security requirements, location requirements, and signage and advertising requirements.
Warehouse certifications authorize licensees to store marijuana products exclusively. This means that warehouses may not engage in any activities related to processing, repackaging, or fulfilling orders for marijuana products. Warehouses are strictly intended for offsite storage and cannot be used as distribution centers. Transfers of marijuana products between a licensee’s warehouse and another licensee’s facility, or between warehouses of different licensees, are not permitted; marijuana products can only be transported between a licensee and its associated warehouses. Transfers between separate warehouses operated by the same licensee are allowable.
Warehouse operations must comply at all times with various regulations outlined in 19 CSR 100-1 including employee training requirements, security requirements, general operation requirements, reporting and notification requirements, inventory control requirements, and transportation and storage requirements.
Licensees interested in applying for a Warehouse Certification should review the provided guide and contact the Division of Cannabis Regulation for any inquiries. The Division’s “How to Apply” webpage offers detailed instructions for the application process.
Communication regarding warehouse applications and business changes should be directed to the designated contacts specified in the informational letter. Questions about warehouse applications can be emailed to the facility application services unit at CannabisFAS@health.mo.gov, while inquiries regarding warehouse business changes should be sent to the assigned Business Services Specialist with a copy to CannabisLicense@health.mo.gov.
In an effort to streamline processes and ensure consistency, the Division of Cannabis Regulation (DCR) has granted a variance related to the emergency and proposed rules filed on January 20, 2023. According to an informational letter authored by Erica Ziegler, Director of the Section for Patient and Application Services, the DCR will accept a certification fee of $2,500 for an off-site warehouse certification, deviating from the previously stipulated fee of $5,000 in Emergency Rule 19 CSR 100-1.060(5)(E) and Proposed Rule 19 CSR 100-1.060(5)(F). This fee will be subject to annual adjustments based on the percentage increase or decrease from the previous calendar year’s Consumer Price Index. The current fee will be published on the DCR’s website and updated in the Department’s online payment system.
Accordingly, the Department has identified good cause for granting this variance, as it aligns the warehouse certification fees for both medical and marijuana facilities and ensures compliance with Article XIV Section 2.4(22) while maintaining consistency and fairness.