State vs Federal Cannabis Law…What is the difference?

Federal Law:

  • A federal law applies to the nation as a whole and to all 50 states whereas state laws are only in effect within that particular state
  • Any type of marijuana are considered a Schedule I substance under the Controlled Substance Act
    • Schedule I substance is considered to have a high potential for dependency and no accepted medical use
  • Both medical marijuana and recreational marijuana is considered ILLEGAL under Federal Law
  • Federal Laws can be enforced on any Federal Property
  • Federal Property is considered:
  • building, land or other real property owned, leased, or occupied by any department, agency, or instrumentality of the United States
  • examples of federal property include: military property, United States Post Office and National Parks
  • To date, the FDA has approved one cannabis-derived drug product: Epidiolex (cannabidiol), and three synthetic cannabis-related drug products: Marinol (dronabinol), Syndros (dronabinol), and Cesamet (nabilone). These approved drug products are only available with a prescription from a licensed healthcare provider. These medications are obtained in a pharmacy

MISSOURI State LAWS:

  • Recreational use is currently illegal in Missouri
  • Physicians cannot prescribe medicinal cannabis; they can recommend it for patients.
    • Patients with qualifying medical conditions have the right to discuss freely with their physicians the possible benefits of medical marijuana use and the right to use medical marijuana for treatment under the supervision of a physician
  • Medical marijuana can be purchased by a patient or caretaker who have a valid medical marijuana ID card from the Department of Health & Senior Services.
  • Purchasing Medical Marijuana:
    • A patient can only purchase medical marijuana at a Missouri Licensed Dispensary
    • A patient or caregiver must have a valid medical marijuana ID card from Missouri DHSS
    • A patient can purchase up to 4 ounces of dried, unprocessed marijuana (which is equivalent to 32 Missouri Marijuana Equivalency Units) in a 30-day period.
      • 1 MME (Missouri Marijuana Equivalency Units) is equal to:
        • 3.5 grams of marijuana
        • 1 grams of marijuana concentrate
        • 100 mg of THC infused product
    • A patient CANNOT purchase medical marijuana from a Missouri dispensary if they have an equivalent card from another state. A patient must have a Missouri ID card from DHSS
  • Home cultivation
    • Patients must have a valid Missouri DHHS card
    • Cultivation must take place in a closed & locked facility
    • Up to 6 flowering plants
  • Legal Possession of Medical Marijuana:
    • A patient or caregiver must have a valid Missouri DHHS card
    • A patient may have an equivalent card from another state
    • Patients who DO NOT cultivate may have a 60-day supply of medical marijuana in their possession
      • 60-day supply in Missouri = 64 MME = 8 ounces of dried unprocessed marijuana
    • Patients who DO cultivate marijuana for medical use may have a 90-day supply of medical marijuana in their possession
      • 90-day supply in Missouri = 96 MME = 12 ounces of dried unprocessed marijuana
    • Marijuana possession was decriminalized in 2014
      • Possession of 10grams or less is punishable by a fine but still remains a criminal misdemeanor
      • Possession of more than 10 grams of marijuana is punishable by jail time

Laws every patient with a medical marijuana ID card must abide by:

  • A patient may not operate, navigate, or be in actual physical control of any dangerous device or motor vehicle, aircraft or motorboat while under the influence of marijuana.
  • A patient cannot consume medical marijuana in a public place
    • Public place is defined as any public or private property that is open to the general public.
      • Examples include: sidewalks, streets, bridges, parks, schools, businesses

Patient Rights within a Dispensary:

  • Dispensaries cannot issue a credit or refund if the medical marijuana has been removed from the original packaging it was purchased in
  • Patient education materials must be available at dispensary facilities
    • Information regarding different strains of medical marijuana
    • Information about the effects of different strains of medical marijuana
    • Information about the route of administration, methods and forms of medical marijuana
    • Information about possible side effects of medical marijuana
    • Information about risks of medical marijuana
    • Poison Control Center contact information
  • Substance Abuse and Mental Health Services Administrations National Helpline (1-800-662-4357)

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