Cultivation Facilities

PURPOSE: Under Article XIV, Sections 1 and 2 of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control medical and marijuana facilities and licensees. This rule explains what regulations apply to facilities licensed to cultivate marijuana. (1) Cultivation facilities, generally. (A) A cultivation licensee’s authority to engage in the process of cultivating marijuana includes the ability to— 1. Acquire and transfer marijuana, marijuana seeds, and clones from another cultivation facility; 2. Acquire and transfer marijuana seeds from entities not licensed under this chapter if doing so does not violate state or federal law; 3. Acquire and transfer marijuana product from a manufacturing facility or dispensary facility; 4. Cultivate marijuana; 5. Process, package, and store (on- or off-site) marijuana product; 6. Transfer marijuana product to or from its own warehouse storage facility, another cultivation facility, manufacturing facility, or dispensary facility; 7. Transfer marijuana product to a testing facility; and 8. Sell marijuana product to another cultivation facility, manufacturing facility, dispensary facility, or testing facility. (B) A cultivation licensee’s authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products. (2) Cultivation facility and licensee requirements. In addition to this chapter’s requirements for licensed facilities and licensees, cultivation facilities and licensees shall also comply with the following: (A) Cultivation licensees may cultivate marijuana in indoor, outdoor, or greenhouse facilities or in any combination of these cultivation practices. 1. Each microbusiness wholesale facility utilizing any combination of indoor, outdoor, or greenhouse facilities will be limited to no more than two hundred fifty (250) flowering marijuana plants. 2. Each indoor medical or comprehensive facility utilizing artificial lighting will be limited to no more than thirty thousand (30,000) square feet of flowering plant canopy space. 3. Each outdoor medical or comprehensive facility utilizing natural lighting will be limited to no more than two thousand, eight hundred (2,800) flowering plants. 4. Each medical or comprehensive greenhouse facility using a combination of natural and artificial lighting will be limited to, at the election of the licensee, either no more than two thousand, eight hundred (2,800) flowering plants or no more than thirty thousand (30,000) square feet of flowering plant canopy space. 5. A medical or comprehensive facility that combines indoor, outdoor, and/or greenhouse cultivation space will be limited to a ratio of the limits described above for each applicable cultivation practice, not to exceed one hundred percent (100%) of total allowable flowering plant or flowering plant canopy space. 6. If multiple cultivation licenses are operating in the same facility, the capacity limitations of the cultivation facility will be multiplied by the number of licenses; (B) Cultivation licensees must mitigate odors from all odor sources by— 1. Developing, implementing, and maintaining an odor control plan, which shall address odor mitigation practices such as system design and operational processes; 2. Engaging a professional engineer or certified industrial hygienist to review the odor control plan and certify that the plan is sufficient to effectively mitigate odors from all odor sources prior to commencing operations; and 3. Maintaining compliance with local ordinances related to odor; and (C) Marijuana product shall not be transferred to a dispensary facility, unless it is a seed or clone, until the marijuana product has been tested by a testing licensee, according to the provisions of this chapter, and the cultivation licensee has received verification from the testing licensee that the marijuana product passed mandatory testing. 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.