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Amendment 2

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    Post originally published via MoCannTrade member and attorney Paul Anderson’s blog: see more

    On Wednesday, the Missouri Department of Health made two significant announcements that signal the implementation of medical marijuana is moving full speed ahead.

    Representative Lyndall Fraker was appointed to serve as the Director of Medical Marijuana, and Amy Moore will act as the Deputy Director/Counsel. Fraker is a proponent of medical marijuana and appears poised to fulfill his duties as Director to ensure Amendment 2 is carried out to its fullest. “Administering this new program needs to be done in the right way for Missouri,” Fraker said in the DHSS press release. “I look forward to continuing to serve the people of Missouri in my new capacity. Fraker, a Republican from Marshfield, is subject to term limits, after serving eight years as a State Representative for District 137. DHSS Director Dr. Randall Williams appeared equally enthused to add Fraker and Moore to the team.

    “We are thankful for members of our DHSS team for their efforts in meeting the January 5 requirement to collect nonrefundable fees for facilities as specified in Constitutional Amendment 2,” said DHSS Director Dr. Randall Williams in the press release. “We welcome Lyndall and Amy and their leadership as we dutifully execute the implementation of Amendment 2.”

    In addition to appointing Fraker and Moore to lead the Medical Marijuana division, the DHSS announced its first major development in the application process to obtain a license to operate a medical marijuana cultivation facility, dispensary or infused products manufacturing facility.

    The DHSS published the Pre-Filed Application Fee Form and announced that it will start accepting fees on January 5, 2019. Pursuant to Amendment 2, this allows applicants to pay their application fees in advance.

    As discussed here, the application fee is nonrefundable and varies depending on which license an applicant is applying for:

    • $10,000 for medical marijuana cultivation facility,
    • $6,000 for dispensary,
    • $6,000 for infused products manufacturing facility.

    From DHSS:

    • Application fees are non-refundable.
    • The Pre-Filed Application Fee Form is not the facility application form.
    • Facility application forms will be made available at a later date.
    • Early submission of application fees does not guarantee a license or provide any competitive advantage in the application process.

    Fees may be paid by personal or certified check, cashier’s check, or money order and it must be mailed along with the completed application form to the Missouri Department of Health and Senior Services, FEE Receipt Unit, P.O. Box 570, Jefferson City, MO 65102-0570. The fee and application may also be personally delivered during business hours to the DHSS at 920 Wildwood Drive, Jefferson City, MO 65109.

    Paying the fee in advance will not give you a competitive advantage in the application process since the awarding process will be based entirely on merit. If anything, paying in advance may give you the peace of mind that your nonrefundable fee has been paid, received and cleared. It may also give you a psychological boost knowing that you now have real skin in the game.

    With these two developments, occurring less than 14 days after Amendment 2 became effective, it certainly appears that the DHSS is fully committed to making medical marijuana a reality in Missouri.

     December 22, 2018