Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
INTRODUCED BY REPRESENTATIVES MEINERS (Sponsor), CHAPPELLE-NADAL, BURNETT, LOW, HOLSMAN, WALSH, HUGHES, SPRENG, COLONA AND TALBOY (Co-sponsors).
0691L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 195.017 and 263.250, RSMo, and to enact in lieu thereof nine new sections relating to the use for marijuana for medicinal purposes, with penalty provisions and a referendum clause.
*(some material has been edited)
195.580. As used in sections 195.580 to 195.589, the following terms mean:
(1) "Adequate supply", an amount of marijuana collectively possessed between the qualifying patient and the qualifying patient's primary caregivers that is not more than is reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant;
(2) "Curing stage", harvested cannabis leaves and/or flowers in the process of drying and/or curing;
(3) "Debilitating medical condition":
(a) Cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, Alzheimer's disease, rheumatoid arthritis, fibromyalgia, severe migraines, multiple sclerosis, or the treatment of such conditions;
(b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe pain; severe nausea; anorexia; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis (MS), Lou Gehrig's disease (ALS), or Crohn's disease; or
(c) Any other serious medical condition or its treatment approved by a licensed physician;
(4) "Department", the department of health and senior services;
(5) "Immature marijuana plants", any cannabis plant, devoid of flower or buds, from seedling to the beginning states of flowering, signifying the first state of processing for consumption as medicine;
(6) "Mature marijuana plants", any cannabis plant bearing flowers or buds, signifying the second stage of processing for consumption as medicine;
(7) "Medical marijuana", cannabis sativa grown within a controlled environment for the purposes of being used as a medicine;
(8) "Medical use", the acquisition, possession, cultivation, use, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition. For the purposes of "medical use", the term "transfer" is limited to the transfer of marijuana and paraphernalia between primary caregivers and qualifying patients;
(9) "Physician", a person who is licensed under section 334.021, RSMo, and is licensed with authority to prescribe drugs under section 334.021, RSMo;
(10) "Primary caregiver", a person who is at least eighteen years of age and who has agreed to undertake responsibility for managing the well-being of a person with respect to the medical use of marijuana;
(11) "Qualifying patient", a person who has been diagnosed by a physician as having a debilitating medical condition;
(12) "Usable marijuana", the dried leaves and flowers of marijuana, and any mixture or preparation thereof, that are appropriate for the medical use of marijuana, and does not include the seeds, stalks, and roots of the plant;
(13) "Written certification", the qualifying patient's medical records or a statement signed by a physician stating that in the physician's professional opinion, after having completed a full assessment of the qualifying patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.
195.583. 1. A qualifying patient who has in his or her possession written certification shall not be subject to arrest, prosecution, or penalty in any manner for the medical use of marijuana, provided the quantity of marijuana does not exceed an adequate supply.
2. Subsection 1 of this section shall not apply to a qualifying patient under the age of eighteen, unless:
(1) The qualifying patient's physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and
(2) A parent, guardian, or person having legal custody consents in writing to:
(a) Allow the qualifying patient's medical use of marijuana;
(b) Serve as the qualifying patient's primary caregiver; and
(c) Control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient.
3. When the acquisition, possession, cultivation, transportation, or administration of marijuana by a qualifying patient is not practicable, the legal protections established by sections 195.580 to 195.598 for a qualifying patient shall extend to the qualifying patient's primary caregivers, provided that the primary caregivers' actions are necessary for the qualifying patient's medical use of marijuana.
4. A physician shall not be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of marijuana to qualifying patients.
5. Any property interest that is possessed, owned, or used in connection with the medical use of marijuana, or acts incidental to such use shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials.
6. Marijuana plants, equipment for their cultivation, as well as legal amounts of medical marijuana shall not be seized from the possession of a medical patient if the medical patient presents identification as a medical marijuana patient. Any such property interest shall not be forfeited under any provision of state or local law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to a criminal offense. Marijuana, paraphernalia, or other property seized from a qualifying patient or primary caregivers in connection with the claimed medical use of marijuana shall be returned immediately upon the determination by a court or prosecutor that the qualifying patient or primary caregivers are entitled to the protections of 195.550 to 195.568, as may be evidenced by a decision not to prosecute, the dismissal of charges, or an acquittal.
7. No person shall be subject to arrest or prosecution for "constructive possession", "conspiracy", or any other offense for simply being in the presence or vicinity of the medical use of marijuana as permitted under sections 195.580 to 195.583.
8. Any medical marijuana patient shall be afforded all the same rights under the law as any other pharmaceutically medicated individual, as it pertains to:
(1) Routine traffic stops as well as any interaction with law enforcement that does not involve an illegal act;
(2) Any interaction with a person's employer that pertains solely to legal medical marijuana use; or
(3) Exoneration from drug testing when such test pertains to marijuana and its metabolites whether by an employer or a member of law enforcement.
9. A patient or caregiver who has not received a registry identification card may present evidence supporting his or her need for medical marijuana for treatment of a serious medical condition. Such evidence may constitute a defense to a charge of marijuana possession or cultivation and shall be admissible in the courts of the state of Missouri if such evidence otherwise properly qualifies as admissible under the rules of evidence.
195.586. 1. The authorization for the medical use of marijuana in sections 195.580 to 195.598 shall not apply to:
(1) The medical use of marijuana that compromises the health or well-being of another person, such as:
(a) In a school bus, public bus, or other public vehicle;
(b) In the areas of one's employment not designated for medical marijuana use;
(c) On any school grounds other than areas designated for medical marijuana use;
(d) In any correctional facility other than areas designated for medical marijuana use; or
(e) At any public park, public beach, public recreation center, or youth center other than areas designated for medical marijuana use; and
(2) The use of marijuana by a qualifying patient, primary caregiver, or any other person for purposes other than medical use permitted by sections 195.580 to 195.598.
2. Notwithstanding any law to the contrary, fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be a petty misdemeanor and subject to a fine of five hundred dollars. Such penalty shall be in addition to any other penalties that may apply for the nonmedical use of marijuana.
195.589. A person and a person's primary caregivers may assert the medical use of marijuana as a defense to any prosecution involving marijuana, and such defense shall be presumed valid where the evidence shows that:
(1) The person's medical records indicate or a physician has stated that, in the physician's professional opinion after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the person; and
(2) The person and the person's primary caregivers were collectively in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of the person's medical condition.
195.592. 1. "Registry identification card" means a document issued by the department that identifies a person as a qualifying patient or primary caregiver.
2. Not later than ninety days after the effective date of sections 195.580 to 195.598, the department shall promulgate rules governing the manner in which it will consider applications for registry identification cards, and for renewing registry identification cards, for qualifying patients and primary caregivers.
3. The department shall issue registry identification cards to qualifying patients, and to qualifying patients' primary caregivers, if any, who submit the following, in accordance with the department's rules:
(1) Written certification that the person is a qualifying patient;
(2) Registration fee, not to exceed one hundred dollars per qualifying patient;
(3) Name, address, and date of birth of the qualifying patient;
(4) Name, address, and telephone number of the qualifying patient's physician; and
(5) Name, address, and date of birth of the qualifying patient's primary caregivers, if the qualifying patient has designated any primary caregivers at the time of application.
4. The department shall verify the information contained in an application submitted under this section, and shall approve or deny an application within thirty days of receipt of the application. The department may deny an application only if the applicant did not provide the information required under this section, or if the department determines that the information provided was falsified. Any person whose application has been denied shall not reapply for six months from the date of the denial, unless so authorized by the department or a court of competent jurisdiction.
5. The department shall issue registry identification cards within five days of approving an application, which shall expire one year after the date of issuance. Registry identification cards shall contain:
(1) The name, address, and date of birth of the qualifying patient and primary caregivers, if any;
(2) The date of issuance and expiration date of the registry identification card; and
(3) Other information that the department may specify in its rules.
6. A person who possesses a registry identification card shall notify the department of any change in the person's name, address, qualifying patient's physician, qualifying patient's primary caregiver, or change in status of the qualifying patient's debilitating medical condition within ten days of such change, or the registry identification card shall be deemed null and void.
7. Possession of or application for a registry identification card alone shall not constitute probable cause to search the person or property of the person possessing or applying for the card or otherwise subject the person or property of the person possessing the card to inspection by any governmental agency.
8. The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names on the list shall be confidential and not subject to disclosure, except to:
(1) Authorized employees of the department as necessary to perform official duties of the department; or
(2) Authorized employees of state or local law enforcement agencies, only for the purpose of verifying that a person who is engaged in the suspected or alleged medical use of marijuana is lawfully in possession of a registry identification card.
195.595. 1. A "registered organization" means a nonprofit corporation registered with the state under chapter 355, RSMo, and organized for the purpose of lawfully selling, administering, delivering, dispensing, distributing, cultivating, or possessing marijuana, cultivation equipment, related supplies and educational materials, or marijuana seeds for medical use.
2. Prior to selling, administering, delivering, dispensing, distributing, cultivating, or possessing marijuana for medical use, a registered organization shall file a registration statement with the department and thereafter shall file an annual registration statement with the department in accordance with department rules which shall provide for the form and content of the registration statement.
3. Not later than ninety days after the effective date of sections 195.580 to 195.598, the department shall promulgate rules that include procedures for the oversight of registered organizations, specifications for the membership of the staff and the boards of directors of registered organizations, appropriate protections for people associated with registered organizations, a registration system for qualifying patients and primary caregivers who use the services of registered organizations, recordkeeping and reporting requirements for registered organizations, the potential transference or sale of seized cultivation equipment and related supplies from law enforcement agencies to registered organizations, and procedures for suspending or terminating the registration of registered organizations.
4. It shall be lawful to sell, administer, deliver, dispense, distribute, cultivate, or possess marijuana where it is:
(1) By a registered organization to a qualifying patient or primary caregiver; or
(2) By any federal, state, or local law enforcement agency to a registered organization.
5. A registered organization shall not:
(1) Obtain marijuana from outside the state in violation of federal law;
(2) Employ or utilize the services of any person who has a felony conviction involving a controlled substance offense; or
(3) Sell, administer, deliver, dispense, or distribute marijuana to qualifying patients or primary caregivers without first verifying the validity of the qualifying patient's written certification by:
(a) Contacting the office of the qualifying patient's physician; and
(b) Contacting the appropriate state medical board or association to determine that the physician is licensed to practice medicine under chapter 334, RSMo.
195.598. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in sections 195.580 to 195.598 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Sections 195.580 to 195.598 and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.
263.250. 1. Except as provided in sections 195.550 to 195.568, RSMo, the plant "marijuana", botanically known as cannabis sativa, is hereby declared to be a noxious weed and all owners and occupiers of land shall destroy all such plants growing upon their land. Any person who knowingly allows such plants to grow on his land or refuses to destroy such plants after being notified to do so shall allow any sheriff or such other persons as designated by the county commission to enter upon any land in this state and destroy such plants.
2. Entry to such lands shall not be made, by any sheriff or other designated person to destroy such plants, until fifteen days' notice by certified mail shall be given the owner or occupant to destroy such plants or a search warrant shall be issued on probable cause shown. In all such instances, the county commission shall bear the cost of destruction and notification.
Section B. Section A of this act is hereby submitted to the qualified voters of this state for approval or rejection at an election which is hereby ordered and which shall be held and conducted on Tuesday next following the first Monday in November, 2010, pursuant to the laws and constitutional provisions of this state for the submission of referendum measures by the general assembly, and section A of this act shall become effective when approved by a majority of the votes cast thereon at such election and not otherwise. Source
0691L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 195.017 and 263.250, RSMo, and to enact in lieu thereof nine new sections relating to the use for marijuana for medicinal purposes, with penalty provisions and a referendum clause.
*(some material has been edited)
195.580. As used in sections 195.580 to 195.589, the following terms mean:
(1) "Adequate supply", an amount of marijuana collectively possessed between the qualifying patient and the qualifying patient's primary caregivers that is not more than is reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant;
(2) "Curing stage", harvested cannabis leaves and/or flowers in the process of drying and/or curing;
(3) "Debilitating medical condition":
(a) Cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, Alzheimer's disease, rheumatoid arthritis, fibromyalgia, severe migraines, multiple sclerosis, or the treatment of such conditions;
(b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe pain; severe nausea; anorexia; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis (MS), Lou Gehrig's disease (ALS), or Crohn's disease; or
(c) Any other serious medical condition or its treatment approved by a licensed physician;
(4) "Department", the department of health and senior services;
(5) "Immature marijuana plants", any cannabis plant, devoid of flower or buds, from seedling to the beginning states of flowering, signifying the first state of processing for consumption as medicine;
(6) "Mature marijuana plants", any cannabis plant bearing flowers or buds, signifying the second stage of processing for consumption as medicine;
(7) "Medical marijuana", cannabis sativa grown within a controlled environment for the purposes of being used as a medicine;
(8) "Medical use", the acquisition, possession, cultivation, use, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition. For the purposes of "medical use", the term "transfer" is limited to the transfer of marijuana and paraphernalia between primary caregivers and qualifying patients;
(9) "Physician", a person who is licensed under section 334.021, RSMo, and is licensed with authority to prescribe drugs under section 334.021, RSMo;
(10) "Primary caregiver", a person who is at least eighteen years of age and who has agreed to undertake responsibility for managing the well-being of a person with respect to the medical use of marijuana;
(11) "Qualifying patient", a person who has been diagnosed by a physician as having a debilitating medical condition;
(12) "Usable marijuana", the dried leaves and flowers of marijuana, and any mixture or preparation thereof, that are appropriate for the medical use of marijuana, and does not include the seeds, stalks, and roots of the plant;
(13) "Written certification", the qualifying patient's medical records or a statement signed by a physician stating that in the physician's professional opinion, after having completed a full assessment of the qualifying patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.
195.583. 1. A qualifying patient who has in his or her possession written certification shall not be subject to arrest, prosecution, or penalty in any manner for the medical use of marijuana, provided the quantity of marijuana does not exceed an adequate supply.
2. Subsection 1 of this section shall not apply to a qualifying patient under the age of eighteen, unless:
(1) The qualifying patient's physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and
(2) A parent, guardian, or person having legal custody consents in writing to:
(a) Allow the qualifying patient's medical use of marijuana;
(b) Serve as the qualifying patient's primary caregiver; and
(c) Control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient.
3. When the acquisition, possession, cultivation, transportation, or administration of marijuana by a qualifying patient is not practicable, the legal protections established by sections 195.580 to 195.598 for a qualifying patient shall extend to the qualifying patient's primary caregivers, provided that the primary caregivers' actions are necessary for the qualifying patient's medical use of marijuana.
4. A physician shall not be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of marijuana to qualifying patients.
5. Any property interest that is possessed, owned, or used in connection with the medical use of marijuana, or acts incidental to such use shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials.
6. Marijuana plants, equipment for their cultivation, as well as legal amounts of medical marijuana shall not be seized from the possession of a medical patient if the medical patient presents identification as a medical marijuana patient. Any such property interest shall not be forfeited under any provision of state or local law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to a criminal offense. Marijuana, paraphernalia, or other property seized from a qualifying patient or primary caregivers in connection with the claimed medical use of marijuana shall be returned immediately upon the determination by a court or prosecutor that the qualifying patient or primary caregivers are entitled to the protections of 195.550 to 195.568, as may be evidenced by a decision not to prosecute, the dismissal of charges, or an acquittal.
7. No person shall be subject to arrest or prosecution for "constructive possession", "conspiracy", or any other offense for simply being in the presence or vicinity of the medical use of marijuana as permitted under sections 195.580 to 195.583.
8. Any medical marijuana patient shall be afforded all the same rights under the law as any other pharmaceutically medicated individual, as it pertains to:
(1) Routine traffic stops as well as any interaction with law enforcement that does not involve an illegal act;
(2) Any interaction with a person's employer that pertains solely to legal medical marijuana use; or
(3) Exoneration from drug testing when such test pertains to marijuana and its metabolites whether by an employer or a member of law enforcement.
9. A patient or caregiver who has not received a registry identification card may present evidence supporting his or her need for medical marijuana for treatment of a serious medical condition. Such evidence may constitute a defense to a charge of marijuana possession or cultivation and shall be admissible in the courts of the state of Missouri if such evidence otherwise properly qualifies as admissible under the rules of evidence.
195.586. 1. The authorization for the medical use of marijuana in sections 195.580 to 195.598 shall not apply to:
(1) The medical use of marijuana that compromises the health or well-being of another person, such as:
(a) In a school bus, public bus, or other public vehicle;
(b) In the areas of one's employment not designated for medical marijuana use;
(c) On any school grounds other than areas designated for medical marijuana use;
(d) In any correctional facility other than areas designated for medical marijuana use; or
(e) At any public park, public beach, public recreation center, or youth center other than areas designated for medical marijuana use; and
(2) The use of marijuana by a qualifying patient, primary caregiver, or any other person for purposes other than medical use permitted by sections 195.580 to 195.598.
2. Notwithstanding any law to the contrary, fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be a petty misdemeanor and subject to a fine of five hundred dollars. Such penalty shall be in addition to any other penalties that may apply for the nonmedical use of marijuana.
195.589. A person and a person's primary caregivers may assert the medical use of marijuana as a defense to any prosecution involving marijuana, and such defense shall be presumed valid where the evidence shows that:
(1) The person's medical records indicate or a physician has stated that, in the physician's professional opinion after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the person; and
(2) The person and the person's primary caregivers were collectively in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of the person's medical condition.
195.592. 1. "Registry identification card" means a document issued by the department that identifies a person as a qualifying patient or primary caregiver.
2. Not later than ninety days after the effective date of sections 195.580 to 195.598, the department shall promulgate rules governing the manner in which it will consider applications for registry identification cards, and for renewing registry identification cards, for qualifying patients and primary caregivers.
3. The department shall issue registry identification cards to qualifying patients, and to qualifying patients' primary caregivers, if any, who submit the following, in accordance with the department's rules:
(1) Written certification that the person is a qualifying patient;
(2) Registration fee, not to exceed one hundred dollars per qualifying patient;
(3) Name, address, and date of birth of the qualifying patient;
(4) Name, address, and telephone number of the qualifying patient's physician; and
(5) Name, address, and date of birth of the qualifying patient's primary caregivers, if the qualifying patient has designated any primary caregivers at the time of application.
4. The department shall verify the information contained in an application submitted under this section, and shall approve or deny an application within thirty days of receipt of the application. The department may deny an application only if the applicant did not provide the information required under this section, or if the department determines that the information provided was falsified. Any person whose application has been denied shall not reapply for six months from the date of the denial, unless so authorized by the department or a court of competent jurisdiction.
5. The department shall issue registry identification cards within five days of approving an application, which shall expire one year after the date of issuance. Registry identification cards shall contain:
(1) The name, address, and date of birth of the qualifying patient and primary caregivers, if any;
(2) The date of issuance and expiration date of the registry identification card; and
(3) Other information that the department may specify in its rules.
6. A person who possesses a registry identification card shall notify the department of any change in the person's name, address, qualifying patient's physician, qualifying patient's primary caregiver, or change in status of the qualifying patient's debilitating medical condition within ten days of such change, or the registry identification card shall be deemed null and void.
7. Possession of or application for a registry identification card alone shall not constitute probable cause to search the person or property of the person possessing or applying for the card or otherwise subject the person or property of the person possessing the card to inspection by any governmental agency.
8. The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names on the list shall be confidential and not subject to disclosure, except to:
(1) Authorized employees of the department as necessary to perform official duties of the department; or
(2) Authorized employees of state or local law enforcement agencies, only for the purpose of verifying that a person who is engaged in the suspected or alleged medical use of marijuana is lawfully in possession of a registry identification card.
195.595. 1. A "registered organization" means a nonprofit corporation registered with the state under chapter 355, RSMo, and organized for the purpose of lawfully selling, administering, delivering, dispensing, distributing, cultivating, or possessing marijuana, cultivation equipment, related supplies and educational materials, or marijuana seeds for medical use.
2. Prior to selling, administering, delivering, dispensing, distributing, cultivating, or possessing marijuana for medical use, a registered organization shall file a registration statement with the department and thereafter shall file an annual registration statement with the department in accordance with department rules which shall provide for the form and content of the registration statement.
3. Not later than ninety days after the effective date of sections 195.580 to 195.598, the department shall promulgate rules that include procedures for the oversight of registered organizations, specifications for the membership of the staff and the boards of directors of registered organizations, appropriate protections for people associated with registered organizations, a registration system for qualifying patients and primary caregivers who use the services of registered organizations, recordkeeping and reporting requirements for registered organizations, the potential transference or sale of seized cultivation equipment and related supplies from law enforcement agencies to registered organizations, and procedures for suspending or terminating the registration of registered organizations.
4. It shall be lawful to sell, administer, deliver, dispense, distribute, cultivate, or possess marijuana where it is:
(1) By a registered organization to a qualifying patient or primary caregiver; or
(2) By any federal, state, or local law enforcement agency to a registered organization.
5. A registered organization shall not:
(1) Obtain marijuana from outside the state in violation of federal law;
(2) Employ or utilize the services of any person who has a felony conviction involving a controlled substance offense; or
(3) Sell, administer, deliver, dispense, or distribute marijuana to qualifying patients or primary caregivers without first verifying the validity of the qualifying patient's written certification by:
(a) Contacting the office of the qualifying patient's physician; and
(b) Contacting the appropriate state medical board or association to determine that the physician is licensed to practice medicine under chapter 334, RSMo.
195.598. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in sections 195.580 to 195.598 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Sections 195.580 to 195.598 and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.
263.250. 1. Except as provided in sections 195.550 to 195.568, RSMo, the plant "marijuana", botanically known as cannabis sativa, is hereby declared to be a noxious weed and all owners and occupiers of land shall destroy all such plants growing upon their land. Any person who knowingly allows such plants to grow on his land or refuses to destroy such plants after being notified to do so shall allow any sheriff or such other persons as designated by the county commission to enter upon any land in this state and destroy such plants.
2. Entry to such lands shall not be made, by any sheriff or other designated person to destroy such plants, until fifteen days' notice by certified mail shall be given the owner or occupant to destroy such plants or a search warrant shall be issued on probable cause shown. In all such instances, the county commission shall bear the cost of destruction and notification.
Section B. Section A of this act is hereby submitted to the qualified voters of this state for approval or rejection at an election which is hereby ordered and which shall be held and conducted on Tuesday next following the first Monday in November, 2010, pursuant to the laws and constitutional provisions of this state for the submission of referendum measures by the general assembly, and section A of this act shall become effective when approved by a majority of the votes cast thereon at such election and not otherwise. Source
