DCR announces new waivers and variances ahead of emergency rule expiration

As Missouri’s cannabis industry prepares for a significant regulatory overhaul, the Division of Cannabis Regulation (DCR) is gearing up to implement finalized proposed rules, which are scheduled to take effect on July 31. These new rules bring about several adjustments and opportunities for operators and consumers, but the DCR acknowledges that the changes may not be immediately apparent to the public.

DCR has been proactive in preparing for these changes, recognizing the need to revamp existing practices even before the new law was enacted. With the finalization of the proposed rules, the Division has been working to help operators understand and interpret them, providing guidance to the industry and the public.

Acknowledging the challenges faced by businesses in transitioning to the new regulatory environment, DCR has implemented a series of short-term variances and waivers, understanding that compliance cannot happen overnight.

With the emergency rules set to expire and finalized proposed rules becoming effective this weekend, Greenway reached out to the Division of Cannabis Regulation for additional insights to prepare operators and consumers for the coming changes.

“There will be many adjustments to make as well as new opportunities going forward, but some may not be noticable to consumers right away. For instance, the new rules provide for sale of cannabis plants to authorized individual cultivators. However, dispensaries may choose whether or not to offer this service, and if they do, it may not be right away,” explained Amy Moore, Director of the Division of Cannabis Regulation.

Bracing for change

“The division has been preparing for some changes since before the new law passed as the law itself required changes from what was previously done. Now that the rules are final and about to be effective, we have been working hard to know the rules and identify opportunities for guidance to the industry and the public. It’s been particularly important to lay out transition plans to get us all under the new rules, which has resulted in a series of short-term variances and waivers. Most people understand we could not expect anyone to be able to flip a switch on July 30th and suddenly be compliant with a new framework. There is much to be done, but we have and continue to build a really excellent team to work through this challenge,” Moore said.

DCR’s workforce expansion has been a key part of its preparation efforts. While the hiring process is well underway, the logistics of assembling and training a team in time to meet deadlines make it a daunting task.

“The hiring process is proceeding quickly,” Moore continued, “But it will still be a couple of months before the majority of our new positions are filled.”

Earlier this year, Moore told Greenway that the Division expects to have roughly 170 employees, growing nearly threefold once all positions are filled. Entering the year DCR had approximately 60 staff members.

The growth of the Division and its understanding of the need for lead time for operators to become compliant has necessitated variances and waivers throughout the year so far. One of those waivers addresses 19 CSR 100-1.120(2) which requires all final marijuana product designs, packaging designs, and label designs to be submitted to the Department for review and approval prior to use. The Division has waived that requirement until August 31.

“We will have a group of people in place to handle this responsibility before the new process goes live,” Moore stated confidently.

Today, DCR released a list of additional variances and waivers. These temporary waivers are aimed at providing businesses with ample time to comply fully with the new rules. Some notable waivers include the extension of the deadline for submitting fingerprints for criminal background checks and the waiver of certain testing method validation and reporting requirements until later this year.

19 CSR 100-1.100(2)-(3) require individuals to submit fingerprints within two (2) weeks after application submission for a state and federal fingerprint-based criminal background check to be conducted by the Missouri State Highway Patrol. DCR is issuing a variance for the requirement to submit fingerprints within two (2) weeks after an application. To comply with the aforementioned rules, individuals must submitted fingerprints within two (2) weeks of receiving a request from DCR.
19 CSR 100-1.100(4)(D) requires implementation of a quality management system using a published standard. DCR is waiving this requirement until December 1, 2023.
19 CSR 100-1.110(4)(A)-(C) requires testing licensees to use testing methods that are published peer-reviewed methods, have been validated for cannabis testing by an independent third party, have been internally verified by the testing licensee, or in the absence of the aforementioned, meet method validation requirements. Additionally, the rule requires testing licensees to report the testing method to be used prior to using that method and for the testing licensee to submit lab method validations prior to offering the applicable testing. DCR is waiving this requirement until October 31, 2023.
19 CSR 100-1.110(7)(B)1.B-C requires additional information to be provided within the report filed to record testing results, mandatory and voluntary, within the statewide track and trace system, including the certificate of analysis and photo of the sample. DCR is waiving this requirement until September 1, 2023.
19 CSR 100-1.110(7)(E)6-8 provides for additional analytes, tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), and delta 8 tetrahydrocannabinol (Δ8-THC), to be included in mandatory testing of the cannabinoid profile. DCR is waiving this requirement until October 31, 2023.
19 CSR 100-1.110(7)(G)2 requires an additional analyte, vitamin E acetate, to be included in chemical residue screening for mandatory testing of marijuana product tested as inhalables and concentrates. DCR is waiving this requirement for vitamin E acetate until October 31, 2023.
19 CSR 100-1.110(7)(G)4 requires residual solvent testing for all final marijuana product including raw plant material. DCR is waiving this requirement for final marijuana product tested as raw plant material until October 31, 2023
19 CSR 100-1.110(7)(G)5.B-C provides for additional final marijuana products, manually extracted concentrates, and solid infused products to be included in water activity and moisture content screening for mandatory testing. DCR is waiving this requirement until October 31, 2023.
19 CSR 100-1.110(7)(G)6.A-D provides for more specific requirements related to foreign matter screening for mandatory testing. DCR is waiving the additional requirements until October 31, 2023.
19 CSR 100-1.110(8) requires terpene analysis to be included in a testing licensee’s scope of accreditation and scope of proficiency testing when tested in conjunction with mandatory testing. DCR is waiving this requirement until October 31, 2023.
19 CSR 100-1.120(1)(C)2.H provides for additional labeling requirements related to mandatory testing of the cannabinoid profile including the exact tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), and delta 8 tetrahydrocannabinol (Δ8-THC) per serving/dose, listed in milligrams. DCR is waiving this requirement until January 31, 2024.
19 CSR 100-1.180(2)(D)2.D requires Department-issued IDs to be scanned using a barcode scanner. DCR is waiving this requirement for delivery transactions until October 31, 2023.