Marijuana Waste Disposal

PURPOSE: Under Article XIV, Sections 1 and 2 of the Missouri Constitution, the Department of Health and Senior Services is authorized to regulate and control the operations of medical and marijuana facilities. This rule explains how licensed and certified facilities, with the exception of transportation facilities, should dispose of any excess or unusable marijuana waste, unwanted marijuana product, or any waste from the facility. (1) Unused marijuana product and any solid and liquid wastes generated during marijuana product production and processing must be stored, managed, and disposed of in accordance with applicable state, tribal, local, and municipal laws and regulations. Licensees must keep records of the final disposition of all such wastes for at least five (5) years or longer if required by federal, state, local law. (2) Each licensee shall maintain a marijuana waste disposal log indicating the date and time, location, video camera names that captured the two (2) angles of destruction, method of destruction, mixing medium, and agent ID(s) of the employee(s) who destroyed the marijuana product. (3) Wastewater generated during marijuana product production and processing must be disposed of in compliance with applicable state, tribal, local, and municipal laws and regulations. (4) Marijuana waste must be stored securely before final disposition, which can be done within the facility in areas designated for disposal activities or, if necessary, outside the facility in a locked, tamper-resistant receptacle. (5) Wastes from the production and processing of marijuana plants must be evaluated against state hazardous waste regulations to determine if those wastes qualify as hazardous waste. It is the responsibility of each licensee to properly evaluate their waste to determine if it is a hazardous waste per 40 CFR 262.11. (A) All solid waste, as defined by 40 CFR 261.2, must be evaluated under the hazardous waste regulations, including: 1. Waste from marijuana flowers, trim, and solid plant material used to create an extract; 2. Waste solvents, pesticides, and other similar materials used in the cultivation, infused product manufacturing, or testing process; 3. Discarded plant waste, spent solvents, and laboratory wastes from any marijuana processing or quality assurance testing; and 4. Marijuana extract that fails to meet quality testing. (B) Marijuana flowers, trim, and solid plant material are not in themselves considered hazardous waste unless they have been treated or contaminated with a hazardous waste constituent. (C) If a licensee’s waste qualifies as a hazardous waste, then that waste is subject to the applicable hazardous waste management standards. (D) Marijuana product waste that does not qualify as hazardous waste per 40 CFR 262.11 including plant waste, such as, stalks, leaves, and stems, must be rendered unusable prior to leaving a facility. 1. Marijuana product waste that does not qualify as hazardous waste may be rendered unusable by grinding and incorporating the marijuana product waste with other nonhazardous ground materials so the resulting mixture is at least fifty percent (50%) nonmarijuana waste by volume. Material used to grind with the marijuana product waste may be either compostable waste or non-compostable waste. Other methods to render marijuana product waste unusable must be approved by the department in writing before implementation. 2. Marijuana product waste that has been rendered unusable may be disposed of at a permitted solid waste facility for final disposition. Other final disposition locations must be approved in writing by the department before implementation. AUTHORITY: sections 1.3.(1)(b), 1.3.(2), 2.4(1)(b), and 2.4(4) of Article XIV, Mo. Const. Emergency rule filed Jan. 20, 2023, effective Feb. 3, 2023, expired Aug. 1, 2023. Original rule filed Jan. 20, 2023, effective July 30, 2023.