It's important to know the requirements for ownerships of a cannabis dispensary in Missouri so that you can put together a team of owners who qualify for licensing. Having a team member who does not qualify for licensing for reasons such as having been convicted of an excluded felony offense, could cause denial of licensure and delays in your license application. Additionally, if the team as a whole does not qualify because the ownership is not made up of at least a majority of Missouri residents, the application for a Missouri dispensary would be rejected.
Title19—DEPARTMENT OF HEALTH AND SENIOR SERVICES
Division30—Division of Regulation and Licensure
Chapter 95—Medical Marijuana
19 CSR 30-95.010 Definitions
(40) “Substantially common control, owner- ship, or management” means—
(A) The possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, by any means, including ownership, contract, financing, or otherwise;
(B) The legal or beneficial ownership, directly or indirectly through ownership of an affiliate entity, of ten percent (10%) or more of an entity’s outstanding voting stock or other ownership interest;
(C) The ownership, directly or indirectly through the ownership of an affiliate entity, of a majority of the capital assets, real property assets, or leasehold interests; or
(D) The ability to make policy decisions, operating decisions, or decisions regarding the allocation of income and expenses for the entity, whether directly or by a management agreement.
19 CSR 30-95.040 Medical Marijuana Facilities Generally
(3) Facility Ownership and Employment.
(A) Cultivation, infused products manufacturing, dispensary, testing, and transportation facilities shall not be owned by, in whole or in part, or have as an officer, director, board member, manager, or employee, any individual with a disqualifying felony offense.
(B) Cultivation, infused products manufacturing, dispensary, testing, and transportation facilities shall be held by entities that are majority owned by natural persons who have been citizens of the state of Missouri for at least one (1) year prior to applying for a facility license or certification. For the purposes of this requirement, citizen means resident.
19 CSR 30-95.040 Medical Marijuana Facilities Generally
(2) Application Requirements.
(I) An attestation that no individual who owns the facility, in whole or in part, has a disqualifying felony offense;
(J) A statement confirming that all owners who hold any portion of the economic or voting interest of the facility who will also have access to medical marijuana or the medical marijuana facility, and all officers, directors, board members, managers, and employees identified in the application, have submitted fingerprints within the previous six (6) months for a state and federal fingerprint- based criminal background check to be con- ducted by the Missouri State Highway Patrol;
(3) Facility Ownership and Employment.
(A) Cultivation, infused products manufacturing, dispensary, testing, and transportation facilities shall not be owned by, in whole or in part, or have as an officer, director, board member, manager, or employee, any individual with a disqualifying felony offense.
(B) Cultivation, infused products manufacturing, dispensary, testing, and transportation facilities shall be held by entities that are majority owned by natural persons who have been citizens of the state of Missouri for at least one (1) year prior to applying for a facility license or certification. For the purposes of this requirement, citizen means resident. (C) No more than three (3) cultivation, no more than three (3) manufacturing, and no more than five (5) dispensary licenses shall be issued to any entity under substantially common control, ownership, or management. Any entity under substantially common control, ownership, or management that has applied for more than three (3) cultivation, three (3) manufacturing, or five (5) dispensary licenses shall contact the department at the time of application submission to identify for the department the applications associated with that entity. The department will use this information, once application scoring is complete pursuant to 19 CSR 30-95.025(4), solely for determining how many licenses the department may issue any particular entity.
