DCR announces revised stance, limits medical marijuana patients from purchasing as recreational consumers
The Missouri Division of Cannabis Regulation (DCR) has recently communicated a change in its interpretation of the Missouri Constitution, impacting the ability of medical marijuana patients to purchase as adult use consumers.
Under the updated interpretation, patients with state-issued medical marijuana identification cards are now prohibited from making recreational marijuana purchases, and cannot make purchases as a recreational user once they have hit their monthly allotment.
The change reflects DCR’s interpretation of Article XIV, according to the Division.
“This is based on interpretation of Article XIV and is established in rule and explained in an FAQ,” explained Lisa Cox, Communications Director for Missouri Department of Health and Senior Services.
That FAQ reads:
Can I purchase as a patient and as a consumer?
“Pursuant to 19 CSR 100-1.040, a patient is not permitted to exceed the possession or purchase limitations by combining patient and consumer purchases. Additionally, pursuant to 19 CSR 100-1.180,dispensaries may not sell consumers more than three (3) ounces of marijuana, or marijuana product in a single transaction, and are required to report to the department any instances of consumers attempting to make multiple purchases in one (1) day that the licensee knows, or reasonably should know, would likely result in the consumer exceeding the three (3) ounce possession limit. To comply with this rule, patient ID card holders are not allowed to purchase as a consumer in a licensed dispensary. These regulations help ensure patients and consumers stay within their allowed possession limits.”
According to the revised interpretation, once a medical marijuana patient reaches their monthly purchase limit, they will no longer be allowed to make additional purchases as a consumer.
For most patients with a medical marijuana card, the monthly purchase limit is 6 ounces of dried, processed marijuana or its equivalent within a 30-day period. Conversely, an adult use consumer has the ability to purchase up to 3 ounces of dried, processed marijuana or its equivalent per day.
That means that a recreational user would be able to purchase as much as 90 ounces in a month for use at their discretion, while a medical marijuana patient is limited to their allowed amount and once exhausted would not have the ability to purchase more whether for medicinal or recreational use.
An added layer to the confusion for many patients is the uncertainty about the ability to opt out of their medical marijuana card should they choose to. With the passage of adult use in 2023 medical marijuana card expirations in Missouri were extended from one to three years, but at that time there was no perceived limitation on the ability to purchase as a recreational user outside of a medical allotment. This meant that patients could purchase their required monthly amounts to treat medical conditions and still have the ability to consume marijuana recreationally as all other adults in the state over 21 have a constitutional right to.
Now some patients may have to wait for up to three years to make a decision about whether saving money on tax rates for medical use is worth voluntarily giving up their right to consume as often as they choose recreationally.
