license applications, cultivation information unrelated to product safety, testing results unrelated to product safety, site security information and plans, and individualized consumer information. A marijuana microbusiness license shall be valid for three years from its date of issuance and shall be renewable, except for good cause. Section 25(f) Prohibition of political activity by judges. its "unincorporated areas") as regulated by state law? But Beetem said Bailey has no authority to substitute his own judgment for that of the Auditor.. (20) "Marijuana Testing Facility" means a facility certified by the department to acquire, test certify, and transport marijuana, including those originally certified as a medical marijuana testing facility. Source of political power origin, basis and aim of government. (11) Any applicant for a license authorized by this section may pre-file their application fee with the Department beginning 30 days after the effective date of this section. (11) Real and personal property used in the cultivation, manufacture, transport, testing. Article 1 Missouri constitution. The Commissioner of Administration is authorized to make cash operating transfers to the fund for purposes of meeting the cash requirements of the Department in advance of it receiving annual application, licensing, and tax revenue, with any such transfers to be repaid as provided by law. (12) A physician or nurse practitioner shall not issue a certification for the medical use of marijuana for a non-emancipated Qualifying Patient under the age of eighteen without the written consent of the Qualifying Patients parent or legal guardian. In addition to any other rules or emergency rules necessary to carry out the mandates of this section, the department shall issue rules or emergency rules relating to the following subjects: (a) Procedures for issuing a license and for renewing, suspending, and revoking a license, so long as any procedure related to a suspension or revocation includes a reasonable cure period, not less than thirty days, prior to the suspension or revocation, except in instances where there is a credible and imminent threat to public health or public safety; (b) Requirements and standards for safe cultivation, processing, and distribution of marijuana and marijuana-infused products by marijuana facilities, including health standards to ensure the safe preparation of marijuana-infused products; (c) Testing, packaging, and labeling standards, procedures, and requirements for marijuana and marijuana-infused products and a requirement that a representative sample of marijuana be tested by a marijuana testing facility to ensure public health. (9) Marijuana-Infused Products means products that are infused, dipped, coated, sprayed, with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls. Taxation and Reporting. (c) The effect of such expungement shall be to restore such person to the status the person occupied prior to such arrest, plea, or conviction and as if such event had never taken place. - MISCELLANEOUS. In addition, any raw biomass of marijuana or marijuana flower imported from out-of-state shall be received only by a licensed cultivation facility, while all batch oil, infused marijuana products and any marijuana product in any other form shall be received only by a licensed manufacturing facility. The chief county officer shall establish public education programming and targeted technical assistance programming dedicated to providing communities that have been impacted by marijuana prohibition with information detailing the licensing process and informing individuals of the support and resources that the office can provide to individuals and entities interested in participating in the activity licensed under this Article. (3) A person who, pursuant to this section, cultivates marijuana plants that are not kept in a locked space is subject to a civil penalty not exceeding two hundred and fifty dollars and forfeiture of the marijuana- (4) A person who smokes marijuana in a public place, other than in an area licensed for such activity by the authorities having jurisdiction over the licensing and/or permitting of said activity, is subject to a civil penalty not exceeding one hundred dollars. Notwithstanding the foregoing, records containing proprietary business information obtained from an applicant or licensee shall be closed. (11) Medical Marijuana Cultivation Facility means a facility licensed by the Department, to acquire, cultivate, process, package, store on site or off site, transport, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as clones) to a Medical Marijuana Dispensary Facility, Medical Marijuana Testing Facility, Medical Marijuana Cultivation Facility or to a Medical Marijuana-Infused Products Manufacturing Facility. (18) Microbusiness Dispensary Facility means a facility licensed be the department to acquire, process, package, store on site or offsite, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a consumer, qualifying patient as that term is defined in section l of this Article, or primary caregiver, as that term is defined in section 1 of this Article, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of this Article and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Plea or conviction and as if such event had never taken place and the conviction and sentence shall be vacated as legally invalid. (5) Pursuant to Article III, section 49 of this Constitution, the governing body of any local government is authorized to impose, by ordinance or order, an additional sales tax in an amount not to exceed three percent on all tangible personal property retail sales of adult use marijuana sold in such political subdivision. Once granted, the department shall charge each licensee an annual fee of ten thousand dollars per facility license. I Section 1. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls. If approved by voters, the proposal would enshrine in the constitution the individual right to make decisions about abortion, childbirth and birth control. Any such person shall be provided the option of attending up to four hours of drug education or counseling in lieu of the fine. I Section 13. (7)Infused Preroll means a consumable or smokable marijuana product. The department shall develop or adopt from any other governmental agency such safety and security standards as are reasonable necessary for the transportation and temporary storage of marijuana and marijuana-infused products. Application and license fees shall be increased or decreased each year by the percentage of increase or decrease from the end of the previous calendar year of the Consumer Price Index, or successor index as published by the U.S. Department of Labor, or its successor agency. (5) Entity means a natural person, corporation, professional corporation, nonprofit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity. Marijuana or Marihuana do not include industrial hemp as defined by the Missouri statute, or commodities or products manufactured from industrial hemp. The Missouri Constitution is the state constitution of the U.S. State of Missouri. Article I, Section 8, Clause 4: [The Congress shall have Power . Public policy. . "Marijuana" or "marihuana" do not include industrial hemp, as defined by Missouri statute, or commodities or products manufactured from industrial hemp. Such records shall be retained for five years from the date of the sale. Article I. (12) Medical Marijuana Dispensary Facility means a facility licensed by the Department, to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetable cuttings (also known as clones) marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a Qualifying Patient, a Primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, a Medical Marijuana Cultivation Facility, or a Medical Marijuana-Infused Products Manufacturing Facility. In developing such rules or emergency rules, the department may consult or contract with other public agencies. Each facility in operation shall require a separate license. (3) No marijuana facility shall manufacture, package, label, marijuana or marijuana infused products in a false or misleading manner. Constitution Capital Partners has raised around $1.1 billion across two midmarket investment strategies, one that backs private-equity funds and the other that invests in companies alongside other . Nothing in this section shall be construed as creating a cause of action for money damages against the state, a county, a municipality, or any of the agencies, instrumentalities, or employees provided that the General Assembly may, by statutory enactment, reverse, modify, or supercede any judicial decision or rule arising from any cause of action brought pursuant to this section. (3) The only local government ordinances and regulations that are binding on a marijuana facility are those of the local government where the marijuana facility is located. This section does not prevent an employer from disciplining an employee for working while under the influence of marijuana. (8)The right to information about how the criminal justice system works, the rights and the availability of services, and upon request of the victim the right to information about the crime. (30) To ensure the consistent protection of public health and public safety, the department shall have the sole authority within the state of Missouri to issue licenses for marijuana facilities and certifications pursuant to this section. Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo The effect of such orders shall be to restore such person to the status the person occupied prior to such arrest. The department shall issue the first group of microbusiness licenses no later than three hundred days after the effective date of this section; (b) An additional six following the first two hundred and seventy days after the department begins issuing licenses for marijuana microbusiness facilities under this subsection, at least two of which shall be a microbusiness dispensary facility, and at least four of which will be a microbusiness wholesale facility, but only after the chief equity officer, or his or her designee, conducts a review and certifies that previous microbusiness licenses were awarded to and are being operated by eligible applicants in good standing; and (c) An additional six after the first five hundred and forty-eight days after the department begins issuing licenses for marijuana microbusiness facilities under this subsection, at least two of which shall be a microbusiness dispensary facility, and at least four of which will be a microbusiness wholesale facility, but only after the chief equity officer, or his or her designee, conducts a review and certifies that previous microbusiness licenses were awarded to and are being operated in good standing by eligible applicants. (2) This section does not limit any privileges, rights, immunities, or defenses of a person or entity as provided in section 1 of this Article, or any other law of this state allowing for or regulating marijuana for medical use. (3) No Medical Marijuana Cultivation Facility, Medical Marijuana Dispensary Facility, or Medical Marijuana-Infused Products Manufacturing Facility shall manufacture, package or label marijuana or marijuana-infused products in a false or misleading manner. 8. (9) Actions and conduct by Qualifying Patients, Primary Caregivers, Marijuana Testing Facilities, Medical Marijuana Cultivation Facilities, Medical Marijuana-Infused Products Manufacturing Facilities, or Medical Marijuana Dispensary Facilities licensed or registered with the Department, or their employees or agents, as permitted by this section and in compliance with Department regulations and other standards of legal conduct, shall not be subject to criminal or civil liability or sanctions under Missouri law, except as provided for by this section. Section 2 of the Amendment grants Congress the power to enforce the prohibitions in Section 1 by enacting appropriate legislation. The local government shall count the petition signatures and give legal notice of the election as provided by applicable law. The section allows patients with qualifying medical conditions the right to discuss freely with their physicians and nurse practitioners the possible benefits of medical marijuana use, the right of their physicians and nurse practitioners to provide professional advice concerning the same, and the right to use medical marijuana for treatment under the supervision of a physician and nurse practitioner. Article I, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing . The Missouri state highway patrol, if necessary, shall forward the fingerprints to the Federal Bureau of Investigation (FBI) for the purpose of conducting a fingerprint-based criminal background check. Describes the rights of the people, more detailed than the U.S Constitution, and tailored for Missouri's people. (5) The department shall issue rules or emergency rules for marijuana or marijuana-infused products independent testing and certification program for marijuana facility licensees and requiring licensees to test marijuana using one or more impartial, independent laboratory or laboratories to ensure, at a minimum, correct labeling, potency measurement and that products sold for human consumption do not contain contaminants that are potentially injurious to public health. Applications for licenses and certifications under this section shall be approved or denied by the Department no later than one hundred fifty days after their submission. Disclaimer: This Constitution may not be the most recent version. Section 280E of the Internal Revenue Code as in effect on January 1. (10) "Flowering plant" means a marijuana plant from the time it exhibits the first signs of sexual maturity through harvest. Average wage in Ripley County $48K less than St. Louis | Missouri FILE - Missouri Attorney General Andrew Bailey speaks to reporters after taking the oath of office in Jefferson City, Mo., Jan. 3, 2023. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. Violation of this prohibition shall subject the violator to department sanctions, including an administrative penalty of one thousand dollars for an individual and ten thousand dollars for a facility licensee and, if applicable, loss of certificate or license for up to one year. 12, Joachim Lodge No. A constitutional amendment to restore abortion rights in Missouri will move forward after a judge on Tuesday, June 20, broke a standoff between Bailey and the Missouris state auditor that had halted the process. (c ) Assisting another person who is at least twenty-one years of age in, or allowing property to be used for. 4. A parent or guardian shall supervise the administration of medical marijuana to a non-emancipated Qualifying Patient under the age of eighteen. (1) A tax is levied upon the retail sale of marijuana for medical use sold at Medical Marijuana Dispensary Facilities within the state. Missouri Constitution Article I - Bill of Rights Section 15 Unreasonable search and seizure prohibitedcontents and basis of warrants. (5) No individual shall serve as the Primary caregiver for more than three Qualifying Patients. No local government shall prohibit Medical Marijuana Cultivation Facilities, Marijuana Testing Facilities, Medical Marijuana-Infused Products Manufacturing Facilities, or Medical Marijuana Dispensary Facilities, or entities with a transportation certification either expressly or through the enactment of ordinances or regulations that make their operation unduly burdensome in the jurisdiction. Cole County Presiding Judge Jon Beetem on Tuesday ordered Missouri's attorney general to approve the state auditor's cost estimate for the proposed amendment, which comes in response to the Republican-led state's near . The status and conduct of a qualified patient who acts in accordance with this section shall not, by Itself, be used to restrict or abridge custodial or parental rights to minor children in any action or proceeding under the jurisdiction of a family court under chapter 487, RSMo, including domestic matters under chapter 452, RSMo, or a juvenile court under chapter 211, RSMo, or successor provisions. Text of Section 1: Three Departments of Government--Separation of Powers. 2. Federal Legalization. or its successor provisions, relating to the transfer of unexpended balances to the General Revenue fund. I Section 1. This fee limitation shall be increased or decreased each year by the percentage of increase or decrease from the end of the previous calendar year of the Consumer Price Index, or successor index as published by the U.S. Department of Labor, or its successor agency. Once granted, the Department shall charge each licensee an annual fee of twenty-five thousand dollars per facility license. or parole. The initiative is designed to legalize the purchase, possession, consumption, use, delivery, manufacturing, and sale of marijuana for personal use for adults over the age of 21; allow individuals convicted of non-violent marijuana-related offenses to petition to be released from incarceration and/or have their records expunged; and enact a 6 per. (9) An entity may apply to the Department for and obtain one or more licenses to operate a Medical Marijuana Dispensary Facility. (when referring to qualifying patients, primary caregivers, physicians; nurse practitioners or other party) unduly burdensome means the measures necessary to comply with the rules or ordinances adopted pursuant to this section undermine the purpose of this section. Each outdoor facility utilizing natural lighting may be limited by the department to two thousand eight hundred flowering plants. (22) Qualifying medical condition means the condition of, symptoms related to, or side-effects from the treatment of: (23) Qualifying Patient means an individual diagnosed with at least one qualifying medical condition. I Section 32. 2022, the applicant or licensee shall label business information it believes to be proprietary prior to submitting it to the department. (6) Within one hundred eighty days of the effective date of this section, the Department shall make available to the public license application forms and application instructions for Medical Marijuana Cultivation Facilities, Medical Marijuana Testing Facilities, Medical Marijuana Dispensary Facilities, and Medical Marijuana-Infused Products Manufacturing Facilities. Targeting abortion access, Ohio Republicans are trying to make it or conviction must have occurred at least one year prior to the effective date of this section; or (d) Reside in a ZIP code or census track area where: (i) Thirty percent or more of the population lives below the federal poverty level: or (ii) The rate of unemployment is fifty percent higher than the state average rate of unemployment; or (iii) The historic rate of incarceration for marijuana-related offenses is fifty percent higher than the rate for the entire state: or. 1. The tax shall be at a rate of four percent of the retail price. Fingerprints shall be submitted pursuant to section 43.543. 116) "Marijuana-Infused Products" means products that are infused, dipped, coated, sprayed. In addition, any raw biomass of marijuana or marijuana flower imported from out-of-state shall be received only by a licensed cultivation facility, while all batch oil, infused marijuana products and any marijuana product in any other form shall be received only by a licensed manufacturing facility. 1 / 12. Application and license fees shall be increased or decreased each year by the percentage of increase or decrease from the end of the previous calendar year of the Consumer Price Index, or successor index as published by the U.S. Department of Labor, or its successor agency. (18) The department shall issue a license to each request for a conversion to a comprehensive marijuana facility license pursuant to subdivision (15) of this subsection if the applicant is in wood standing with the department. repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body. All marijuana and marijuana-infused products shall be sold in containers clearly and conspicuously labeled, as mandated by the department, as containing "Marijuana" or a "Marijuana-Infused Product." Constitution. It is the supreme law formulating the law and government of Missouri, subject only to the federal Constitution, and the people. Each indoor facility utilizing artificial lighting may be limited by the Department to thirty thousand square feet of flowering plant canopy space. Missouri judge orders end to GOP officials standoff over proposed abortion rights ballot measure. Any moneys credited to the Missouri public defender system shall be used only for legal assistance for low-income Missourians, shall not be diverted to any other purpose (d) All monies from the taxes and fees authorized hereunder shall provide new and additional funding for the purposes enumerated above and shall not replace existing funding. That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. This shall not apply to offenses while operating a commercial motor vehicle as defined in 49 CFR 390.5. or its successor provisions, in interstate or intrastate transportation unless otherwise exempted as found in section 307.400, RSMo, or its successor provisions. (AP) A constitutional amendment to restore abortion rights in Missouri will move forward after a judge on Tuesday broke a standoff between two Republican officials that had halted the process. and marijuana accessories. (l) Church means a permanent building primarily and regularly used as a place of religious worship. (22) Preroll means a consumable or smokable marijuana product generally consisting of (1) a wrap or paper and (2) dried flower, buds, and/or plant material. Only non-identifying information shall be provided regarding any marijuana facility owners: (i) Establish a lottery selection process to select comprehensive facility licenses, certificate holders, marijuana microbusiness licensees, but not medical facility licensees that are converting to comprehensive licenses pursuant to this subsection. - AMENDMENTS TO THE CONSTITUTION. If at least sixty percent of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the ban shall go into effect as provided by law. (31) The department shall not have the authority to promulgate, apply, or enforce any rule or regulation that is unduly burdensome or acts to undermine the purposes of this section. An alternative sentencing drug court program may not prohibit individuals under its jurisdiction from using a lawful marijuana product as long as the individual is a registered qualifying patient. 2. The campaign would need to collect signatures from 8% of legal voters in six of the states eight congressional districts in order to get the proposal on the 2024 ballot. However, local governments may enact ordinances or regulations not in conflict with this section, or with regulations enacted pursuant to this section, governing the time, place, and manner of operation of such facilities in the locality. No primary caregiver cultivating marijuana for more than one qualifying patient may exceed a total of twenty-four flowering plants. Application and license fees shall be increased or decreased each year by the percentage of increase or decrease from the end of the previous calendar year of the Consumer Price Index, or successor index as published by the U.S. Department of Labor, or its successor agency. The general assembly shall have power to enforce this section by appropriate legislation. (1) No owner of a marijuana facility or entity with a transportation certification shall be an individual with a disqualifying felony offense. The tax shall be collected by each licensed retail marijuana facility and paid to the department of revenue. [1] Amendments Any interest and monies earned on such investments shall be credited to the fund. Licensed entities making non-medical retail sales within the state shall be allowed approved credit for returns provided the tax was paid on the returned item and the purchaser was given the refund or credit. (17) Owner means an individual who has a financial (other than security interest, lien, or encumbrance) or voting interest in ten percent or greater of a marijuana facility. Invasive northern snakehead fish found in southeastern Missouri for Section 11 Want of jurisdiction, effecttransfers. ()Yes ()No." RSMo, or its successor provisions, and fees shall be paid pursuant to section 43.530, RSMo, or its successor provisions. Missouri Amendment 2, approved on November 6, 2018, added Article XIV to the Missouri Constitution. Article I describes the design of the legislative branch of US Government -- the Congress. After retaining no more than two percent of the total tax collected or its actual collection costs, whichever is less, amounts generated by the marijuana tangible personal property retail sales tax levied in this section shall be deposited by the department of revenue into the "Veterans, Health, and Community Reinvestment Fund" created under this subsection. and tax revenue, with any such transfers to be repaid as provided by law. Last modified on Fri 23 Jun 2023 13.35 EDT. lf federal law, rules, or regulations are amended to allow the interstate commerce of marijuana or marijuana-infused products or the importation or exportation of marijuana or marijuana-infused products into or out of the state of Missouri, the provisions and intent of this section shall, to the extent possible, remain in full effect, unless explicitly preempted by such federal law, rule, or regulation. An entity may not be an owner of more than ten percent of the total marijuana dispensary facility licenses outstanding under both sections I and 2 of this Article at any given time, rounded down to the nearest whole number.
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