Department email re: security systems and operational variance requests

From: “Balkenbush, Andrea” <Andrea.Balkenbush@health.mo.gov>

Subject: Important MO Medical Marijuana Information

Date: November 10, 2020 at 12:25:38 PM CST

Medical Marijuana Licensees,

There are two important issues I want to bring to your attention.  The first is regarding Department remote security access, and the second is additional information regarding facilities’ operational deadlines and variance requests.

Continuous 24 hour access to the facility’s security system

The Department interprets 19 CSR 30-95.040(4)(H)1.C.III to mean the Department may make one request during the Commencement Inspection process for continuous 24 hour access to the facility’s security system and that the system must be capable of complying with that real-time access request.  To be in compliance with 19 CSR 30-95.040(4)(H)1.C.III, facilities are required to provide the Department with continuous 24-hour access to the facility’s security system via remote login. The Department should be able to gain access at all times without requesting further access. If the Department attempts to log in to a facility’s security system and is denied access at any time, the facility will be in violation. Please see the Department’s FAQs under Security for reference at: http://health.mo.gov/safety/medical-marijuana/faqs-facility.php#security

Operational Deadlines and Variance Request

Timelines for Licensee Commencement Inspection Request

The Department has communicated to Licensees in numerous ways, most recently through Guidance Letter 7, the need for facilities to request a Commencement Inspection in a timely manner prior to their operational deadline.  Waiting until the last minute to request a Commencement Inspection is likely to result in a facility missing its operational deadline.  The same is true for requesting a variance from the operational deadline. Remember the requirement is that a facility pass its inspection before its deadline and not that it request its inspection before the deadline.

Because the number of Licensees that have not requested a Commencement Inspection is considerable, the Department has established the following timetables for each facility type to request a Commencement Inspection.  These timetables are in line with the rule requirement that each facility request a Commencement Inspection when it believes it will be ready within a month. If your facility was licensed at a later date than the initial licensing period, you should plan to request a Commencement Inspection a month before your operational deadline date.

   

If a facility requests a Commencement Inspection, they must be ready to complete the Commencement Inspection process by the operational deadline. A facility that demonstrates it has made a request for a Commencement Inspection without actually being prepared to proceed will be removed from the Commencement Inspection list and asked to request a Variance from their operational deadline (see the variance process below). The Department has posted the steps and documents needed to successfully pass a Commencement Inspection at: http://health.mo.gov/safety/medical-marijuana/resources.php

If your facility is not prepared to request a Commencement Inspection by the dates in the chart above, rather than making an untimely request, you should fill out and submit a Variance Request and Questionnaire for Operational Variance to mmlicenses@health.mo.gov. See the Variance Request instructions on our website athttp://health.mo.gov/safety/medical-marijuana/facilities-variance-request-form.php.

Also, as a reminder, Licensees should not wait too long to request a Variance. Due to the high number of variance requests expected, the Department does not expect a quick turnaround, and Licensees should plan accordingly. Any variance request received will be reviewed based on the information provided and your proposed good cause.  We cannot guarantee a variance will be granted. The applicant should continue to meet Department established deadlines while a variance request is pending. The Department does not have a specific timeframe established for approving or denying a variance request. If a variance is submitted and not approved by each facility’s operational deadline, the Licensee will be in violation of 19 CSR 30-95.040(1)(F)4, which says, “If a facility is granted a license or certification but has not passed a commencement inspection within one (1) year of the department issuing the license or certification, the license or certification may be revoked.”

Thank you for your attention to these issues. Please reach out to your License Specialist or Compliance Officer if you have questions or concerns.

Andrea Balkenbush

Facility License & Compliance Director

Section for Medical Marijuana Regulation

Department of Health & Senior Services

andrea.balkenbush@health.mo.gov