*Note that this resources page contains only the security compliance requirements relevant to a cannabis or marijuana business in Missouri. To view the regulatory requirements and standards for operational protocols (SOPs) in full, please visit the links above and below. 

Security Requirements

Title 19—DEPARTMENT OF HEALTH AND SENIOR SERVICES Division 30—Division of Regulation and Licensure

Chapter 95—Medical Marijuana

19 CSR 30-95.010 Definitions

(12) “Enclosed, locked facility” means— (A) An indoor stationary closet, room, garage, greenhouse, or other comparable fully enclosed space equipped with locks or other functioning security devices that permit access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana; or (B) An outdoor stationary structure— 1. That is enclosed on all sides, except at the base, by chain-link fencing, wooden slats, or a similar material that is anchored, attached, or affixed to the ground and that cannot be accessed from the top; 2. In which the plants are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure at any level; and 3. That is equipped with locks or other security devices that restrict access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana.

 

(4) Facility Evaluation Criteria. All applicants for cultivation, dispensary, manufacturing, testing, or transportation licenses or certifications will be evaluated for whether they meet minimum standards as described in subsection (A) of this section. During application time periods where more qualified applicants apply for cultivation, dispensary, manufacturing, or testing licenses or certifications than there are licenses or certificates available in that category, the department will use a system of numerically scoring ten (10) additional evaluation criteria to rank the applications in each such license or certification category against each other. (B) The additional evaluation criteria, which will be numerically scored, are— 1. The character, veracity, background, qualifications, and relevant experience of principal officers or managers; 2. The business plan proposed by the applicant, which in the case of cultivation facilities and dispensaries shall include the ability to maintain an adequate supply of medical marijuana, plans to ensure safety and security of qualifying patients and the community, procedures to be used to prevent diversion, and any plan for making medical marijuana available to low-income qualifying patients; 3. Site security; 4. Experience in a legal cannabis market; 5. In the case of testing facilities, the experience of the facility’s personnel with the health care industry and with testing marijuana, food, or drugs for toxins and/or potency; 6. The potential for the facility to have a positive economic impact in the site community; 7. In the case of cultivation facilities, capacity or experience with agriculture, horticulture, and health care; 8. In the case of dispensary facilities, capacity or experience with health care, the suitability of the proposed location, and its accessibility for patients;

 

(4) Facility Operation, Policies, and Procedures.

(C) All licensed or certified cultivation, dispensary, manufacturing, testing, and transportation facilities must seek and obtain the department’s approval before they may—3. Materially deviate from the proposed physical design or make material changes to the current physical design of the facility, including its location. Such requests may be submitted after the facilities at issue have been granted a license and shall include at least the following: A. New or updated descriptions, schematics, or blueprints for the facility; B. An attestation that the proposed changes to the facility comply with the facility location requirements of subsection (4)(B) of this rule or 19 CSR 30-95.100(2)(C) and any facility location requirements of the local government; C. If the city, town, or county in which the facility will be located has enacted zoning restrictions applicable to the facility, the text of the restrictions and a description of how the changes to the facility comply with those restrictions; and

(H) All cultivation, infused products manufacturing, and dispensary facilities shall ensure the security of medical marijuana and facility employees by taking at least the following measures: 1. Facilities shall install and maintain security equipment designed to prevent unauthorized entrance into limited access areas and to prevent diversion and inversion of medical marijuana including: A. Devices or a series of devices to detect unauthorized intrusion, which may include a signal system interconnected with a radio frequency method, such as cellular or private radio signals, or other mechanical or electronic devices; B. Except in the case of outdoor cultivation, exterior lighting to facilitate surveillance, which shall cover the exterior and perimeter of the facility; C. Electronic video monitoring, including: (I) At least one (1) call-up monitor that is nineteen inches (19″) or more; (II) A printer capable of immediately producing a clear still photo from any video camera image; (III) Video cameras with a recording resolution of at least 1920 x 1080, or the equivalent, at a rate of at least fifteen (15) frames per second, that operate in such a way as to allow identification of people and activities in the monitored space, in all lighting levels, that are capable of being accessed remotely by the department or a law enforcement agency in real time upon request, and that provide coverage of— (a) All entrances and exits of the facility, including windows, and all entrances and exits from limited access areas; (b) The perimeter and exterior areas of the facility, including at least twenty feet (20′) of space around the perimeter of an outdoor grow area; (c) Each point-of-sale location; (d) All vaults or safes; and (e) All medical marijuana, from at least two (2) angles, where it is cultivated, cured, trimmed, processed, rendered unusable, and disposed; (IV) A method for storing recordings from the video cameras for at least sixty (60) days in a secure on-site or off-site location or through a service or network that provides on-demand access to the recordings and that allows for providing copies of the recordings to the department upon request and at the expense of the facility; (V) A failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system; and (VI) Sufficient battery backup for video cameras and recording equipment to support at least sixty (60) minutes of recording in the event of a power outage; D. Controlled entry to limited access areas, which shall be controlled by electronic card access systems, biometric identification systems, or other equivalent means, except that, in addition to these means, all external access doors shall be equipped with a locking mechanism that may be used in case of power failure. Access information shall be recorded, and all records of entry shall be maintained for at least one (1) year; E. A method of immediate, automatic notification to alert local law enforcement agencies of an unauthorized breach of security at the facility; and F. Manual, silent alarms at each point-of-sale, reception area, vault, and electronic monitoring station with capability of alerting local law enforcement agencies immediately of an unauthorized breach of security at the facility; 2. Facilities shall establish policies and procedures— A. For restricting access to the areas of the facility that contain medical marijuana to only persons authorized to be in those areas, which shall include, when necessary for business purposes, contractors hired for no more than fourteen (14) days and other visitors, all of which may enter the restricted area if they sign in and sign out of a visitor log and are escorted at all times by facility agents in a ratio of no less than one (1) facility agent per five (5) visitors; B. For identifying persons authorized to be in the areas of the facility that contain medical marijuana; C. For identifying facility agents responsible for inventory control activities; D. For limiting the amount of money available in any retail areas of the facility and for notifying the public that there is a minimal amount of money available, including by posting of a sign; E. For electronic monitoring; F. For the use of the automatic or electronic notification and manual, silent alarms to alert local law enforcement agencies of an unauthorized breach of security at the facility, including designation of on-call facility personnel to respond to, and to be available to law enforcement personnel who respond to, any alarms; and G. For keeping local law enforcement updated on whether the facility employs armed security personnel and how law enforcement can identify such personnel on sight; 3. Facilities with outdoor cultivation shall construct an exterior barrier around the perimeter of the marijuana cultivation area that consists of a fence that is— A. Constructed of six (6) gauge metal or stronger chain link; B. Topped with razor wire or similar security wire; C. At least eight feet (8′) in height; and D. Screened such that the cultivation area is not easily viewed from outside the fence; 4. Facilities with windows in a limited access area must ensure either that the window cannot be opened and is designed to prevent intrusion or that the window is otherwise inaccessible from the outside; 5. Facilities shall ensure that each video camera used pursuant to this section— A. Includes a date and time generator which possesses the capability to accurately display the date and time of recorded events on the recording in a manner that does not significantly obstruct the recorded view; and B. Is installed in a manner that will prevent the video camera from being readily obstructed, tampered with, or disabled; 6. A facility shall make a reasonable effort to repair any malfunction of security equipment within seventy-two (72) hours after the malfunction is discovered. A facility shall notify the department within twentyfour (24) hours after a malfunction is discovered and provide a plan of correction. A. If a video camera used pursuant this section malfunctions, the facility shall immediately provide alternative video camera coverage or use other security measures until video camera coverage can be restored, such as assigning additional supervisory or security personnel, to provide for the security of the facility. If the facility uses other security measures, the facility must immediately notify the department, and the department will determine whether the other security measures are adequate and for what amount of time those other security measures will be acceptable. B. Each facility shall maintain a log that documents each malfunction and repair of the security equipment of the facility. The log must state the date, time, and nature of each malfunction; the efforts taken to repair the malfunction and the date of each effort; the reason for any delay in repairing the malfunction; the date the malfunction is repaired and; if applicable, any alternative security measures that were taken. The log must also list, by date and time, all communications with the department concerning each malfunction and corrective action. The facility shall maintain the log for at least one (1) year after the date of last entry in the log; 7. Each facility shall employ a security manager who shall be responsible for— A. Conducting a semiannual audit of security measures to ensure compliance with this subsection and to identify potential security issues; B. Training employees on security measures, emergency response, and theft prevention and response within one (1) week of hiring and on an annual basis; C. Evaluating the credentials of any contractors who intend to provide services to the facility before the contractor is hired by or enters into a contract with the facility; and D. Evaluating the credentials of any third party who intends to provide security to the facility before the third party is hired by or enters into a contract with the facility; and 8. Each facility shall ensure that the security manager of the facility, any facility agents who provide security for the facility, and the employees of any third party who provides security to the facility have completed the following training: A. Training in theft prevention or a related subject; B. Training in emergency response or a related subject; C. Training in the appropriate use of force or a related subject that covers when the use of force is and is not necessary; D. Training in the protection of a crime scene or a related subject; E. Training in the control of access to protected areas of a facility or a related subject; F. Not less than eight (8) hours of training at the facility in providing security services; and G. Not less than eight (8) hours of classroom training in providing security services.

 

19 CSR 30-95.050 Cultivation Facility

(2) Cultivation Facility Requirements. In addition to the requirements for cultivation facilities in 19 CSR 30-95.040, cultivation facilities shall also comply with the following;

(D) Cultivation facilities must ensure all facility employees are trained in at least the following: 1. The use of security measures and controls that have been adopted by the facility for the prevention of diversion, inversion, theft, or loss of marijuana; 2. Proper use of the statewide track and trace system; 3. Procedures for responding to an emergency, including severe weather, fire, natural disasters, and unauthorized intrusions; 4. Standards for maintaining the confidentiality of information related to the medical use of marijuana, including, but not limited to, compliance with the Health Insurance Portability and Accountability Act of 1996; 5. The methods of cultivation used by the facility; and 6. The facility’s safety and sanitation procedures;

(G) Cultivation facilities shall store all medical marijuana— 1. At the approved location of the facility; or 2. In offsite warehouses that comply with the security requirements of 19 CSR 30- 95.040(4)(H), the location requirements of 19 CSR 30-95.040(4)(B), and that have been approved pursuant to 19 CSR 30- 95.040(3)(C).

 

19 CSR 30-95.060 Infused Products Manufacturing Facility

(2) Manufacturing Facility Requirements. In addition to the requirements for manufacturing facilities in 19 CSR 30-95.040, manufacturing facilities shall also comply with the following: (A) Facilities must ensure all facility employees are trained in at least the following: 1. The use of security measures and controls that have been adopted by the facility for the prevention of diversion, inversion, theft, or loss of marijuana; 2. Proper use of the statewide track and trace system; 3. Procedures for responding to an emergency, including severe weather, fire, natural disasters, and unauthorized intrusions; 4. The differences between the types of infused products manufactured at that facility and their methods of production; and 5. The facility’s safety and sanitation procedures;

(F) Manufacturing facilities shall store all medical marijuana— 1. At the approved location of the facility; or 2. In offsite warehouses that comply with the security requirements of 19 CSR 30- 95.040(4)(H), the location requirements of 19 CSR 30-95.040(4)(B), and that have been approved pursuant to 19 CSR 30- 95.040(3)(C);

 

19 CSR 30-95.070 Testing Facility

(2) Testing Facility Requirements. In addition to the requirements of 19 CSR 30-95.040, testing facilities shall also comply with the following: (A) Testing facilities must ensure all facility employees are trained in at least the following: 1. The use of security measures and controls that have been adopted by the facility for the prevention of diversion, inversion, theft, or loss of marijuana; 2. Proper use of the statewide track and trace system; and 3. Procedures for responding to an emergency, including severe weather, fire, natural disasters, and unauthorized intrusions;

(F) Testing facilities shall install and maintain security equipment designed to prevent unauthorized entrance into limited access areas, which shall include any area where medical marijuana is tested, stored, or disposed, and to prevent diversion and inversion of medical marijuana including: 1. Devices or a series of devices to detect unauthorized intrusion, which may include a signal system interconnected with a radio frequency method, such as cellular or private radio signals, or other mechanical or electronic devices; 2. Electronic monitoring, including: A. At least one (1) call-up monitor that is nineteen inches (19″) or more; B. A printer capable of immediately producing a clear still photo from any video camera image; C. Video cameras with a recording resolution of at least 1920 x 1080, or the equivalent, at a rate of at least fifteen (15) frames per second, that operate in such a way as to allow identification of people and activities in the monitored space, and that provide coverage of— (I) All entrances and exits from limited access areas, including windows; and (II) All areas in which medical marijuana is tested, stored, or disposed, from at least two (2) angles; D. A method for storing recordings from the video cameras for at least sixty (60) days in a secure on-site or off-site location or through a service or network that provides on-demand access to the recordings and that allows for providing copies of the recordings to the department upon request and at the expense of the facility; E. A failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system; and F. Sufficient battery backup for video cameras and recording equipment to support at least sixty (60) minutes of recording in the event of a power outage; 3. Controlled entry to limited access areas, which shall be controlled by electronic card access systems, biometric identification systems, or other equivalent means. Access information shall be recorded, and all records of entry to limited access areas shall be maintained for at least one (1) year; (G) Testing facilities shall maintain all sampling and testing records for five (5) years; and (H) Testing facilities may only transport medical marijuana— 1. That the facility intends to test; 2. From cultivation, dispensary, manufacturing, and other testing facilities; 3. If the facility complies with the requirements of 19 CSR 30-95.100(2).

 

19 CSR 30-95.080 Dispensary Facility

(2) Dispensary Facility Requirements. In addition to the requirements of 19 CSR 30- 95.040, dispensary facilities shall also comply with the following:

(A) Dispensary facilities must ensure all facility employees are trained in at least the following: 1. The use of security measures and controls that have been adopted by the facility for the prevention of diversion, inversion, theft, or loss of marijuana; 2. Proper use of the statewide track and trace system; 3. Procedures for responding to an emergency, including severe weather, fire, natural disasters, and unauthorized intrusions; 4. Standards for maintaining the confidentiality of information related to the medical use of marijuana, including, but not limited to, compliance with the Health Insurance Portability and Accountability Act; 5. Procedures for verifying the identity and purchase limitations of qualifying patients and primary caregivers;

(I) Dispensary facilities shall store all medical marijuana— 1. At the approved location of the facility; or 2. In offsite warehouses that comply with the security requirements of 19 CSR 30- 95.040(4)(H), the location requirements of 19 CSR 30-95.040(4)(B), and that have been approved pursuant to 19 CSR 30- 95.040(3)(C);

 

19 CSR 30-95.100 Transportation Facility

(2) Transportation Facility Requirements. In addition to the requirements for transportation facilities in 19 CSR 30-95.040, transportation facilities shall also comply with the provisions of this section. (A) Transportation facilities must ensure all facility employees are trained in at least the following: 1. The use of security measures and controls that have been adopted by the facility for the prevention of diversion, inversion, theft, or loss of medical marijuana; 2. Proper use of the statewide track and trace system; 3. Procedures for responding to an emergency, including severe weather, fire, natural disasters, and unauthorized intrusions; and 4. Standards for maintaining the confidentiality of information related to the medical use of marijuana, including, but not limited to, compliance with the Health Insurance Portability and Accountability Act of 1996. (B) Transportation facilities shall transport all medical marijuana from an originating facility to a destination within twenty-four (24) hours. When extenuating circumstances necessitate holding medical marijuana longer than twenty-four (24) hours, the transportation facility shall notify the department of the circumstances and the location of the medical marijuana.

(D) A transportation facility’s primary place of business shall meet the security requirements of 19 CSR 30-95.040(4)(H). In addition to those requirements, transportation facilities shall also comply with the following: 1. All vehicles used to transport medical marijuana shall not be marked in any way that indicates medical marijuana is being transported by that vehicle and shall be equipped with at least— A. A secure lockbox or locking cargo area made of smooth, hard surfaces that are easily cleaned for storing medical marijuana during transit; B. A secure lockbox for storing payments and video monitoring recording equipment during transit; C. Video monitoring of the driver and passenger compartment in the vehicle and of any space where medical marijuana is stored during transit; and D. GPS tracking;

 

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Constitution of Missouri

Article XIV. Medical Cannabis

Section 1.  Right to access medical marijuana.

3.  Creating Patient Access to Medical Marijuana.

(1)   In carrying out the implementation of this section, the department shall have the authority to:

(a)   Grant or refuse state licenses and certifications for the cultivation, manufacture, dispensing, sale, testing, tracking, and transportation of marijuana for medical use as provided by law; suspend, fine, restrict, or revoke such licenses and certifications upon a violation of this section or a rule promulgated pursuant to this section; and impose any administrative penalty authorized by this section or any rule promulgated pursuant to this section.

(b)   Promulgate rules and emergency rules necessary for the proper regulation and control of the cultivation, manufacture, dispensing, and sale of marijuana for medical use and for the enforcement of this section so long as patient access is not restricted unreasonably and such rules are reasonably necessary for patient safety or to restrict access to only licensees and qualifying patients.

(c)   Develop such forms, certificates, licenses, identification cards, and applications as are necessary for, or reasonably related to, the administration of this section or any of the rules promulgated under this section;

(d)   Require a seed-to-sale tracking system that tracks medical marijuana from either the seed or immature plant stage until the medical marijuana or medical marijuana-infused product is sold to a qualifying patient or primary caregiver to ensure that no medical marijuana grown by a medical marijuana cultivation facility or manufactured by a medical marijuana-infused products manufacturing facility is sold or otherwise transferred except by a medical marijuana dispensary facility. The department shall certify, if possible, at least two commercially available systems to licensees as compliant with its tracking standards and issue standards for the creation or use of other systems by licensees.

(e)   Issue standards for the secure transportation of marijuana and marijuana-infused products. The department shall certify entities which demonstrate compliance with its transportation standards to transport marijuana and marijuana-infused products to a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another entity with a transportation certification. The department shall develop or adopt from any other governmental agency such safety and security standards as are reasonably necessary for the transportation of marijuana. Any entity licensed or certified pursuant to this section shall be allowed to transport cannabis.

(f)   The department may charge a fee not to exceed $5,000 for any certification issued pursuant to this section.

(g)   Prepare and transmit annually a publicly available report accounting to the governor for the efficient discharge of all responsibilities assigned to the department under this section;

(h)   Establish a system to numerically score competing medical marijuana licensee and certificate applicants, only in cases where more applicants apply than the minimum number of licenses or certificates as calculated by this section, which scoring shall be limited to an analysis of the following:

(i)   the character, veracity, background, qualifications, and relevant experience of principal officers or managers;

(ii)   the business plan proposed by the applicant, which in the case of cultivation facilities and dispensaries shall include the ability to maintain an adequate supply of marijuana, plans to ensure safety and security of qualifying patients and the community, procedures to be used to prevent diversion, and any plan for making marijuana available to low-income qualifying patients;

(iii)   site security;

(iv)   experience in a legal cannabis market;

(v)   in the case of medical marijuana testing facilities, the experience of their personnel with testing marijuana, food or drugs for toxins and/or potency and health care industry experience;

(vi)   the potential for positive economic impact in the site community;

(vii)   in the case of medical marijuana cultivation facilities, capacity or experience with agriculture, horticulture, and health care;

(viii)   in the case of medical marijuana dispensary facilities, capacity or experience with health care, the suitability of the proposed location, and its accessibility for patients;

(ix)   in the case of medical marijuana-infused products manufacturing facilities, capacity or experience with food and beverage manufacturing; and

(x)   maintaining competitiveness in the marijuana for medical use marketplace.

In ranking applicants and awarding licenses and certificates, the department may consult or contract with other public agencies with relevant expertise regarding these factors. The department shall lift or ease any limit on the number of licensees or certificate holders in order to meet the demand for marijuana for medical use by qualifying patients.

(2)   The department shall issue any rules or emergency rules necessary for the implementation and enforcement of this section and to ensure the right to, availability, and safe use of marijuana for medical use by qualifying patients. In developing such rules or emergency rules, the department may consult with other public agencies. In addition to any other rules or emergency rules necessary to carry out the mandates of this section, the department may issue rules or emergency rules relating to the following subjects:

(a)   Compliance with, enforcement of, or violation of any provision of this section or any rule issued pursuant to this section, including procedures and grounds for denying, suspending, fining, restricting, or revoking a state license or certification issued pursuant to this section;

(b)   Specifications of duties of officers and employees of the department;

(c)   Instructions or guidance for local authorities and law enforcement officers;

(d)   Requirements for inspections, investigations, searches, seizures, and such additional enforcement activities as may become necessary from time to time;

(e)   Creation of a range of administrative penalties for use by the department;

(f)   Prohibition of misrepresentation and unfair practices;

(g)   Control of informational and product displays on licensed premises provided that the rules may not prevent or unreasonably restrict appropriate signs on the property of the medical marijuana dispensary facility, product display and examination by the qualifying patient and/or primary caregiver, listings in business directories including phone books, listings in marijuana-related or medical publications, or the sponsorship of health or not for profit charity or advocacy events;

(h)   Development of individual identification cards for owners, officers, managers, contractors, employees, and other support staff of entities licensed or certified pursuant to this section, including a fingerprint-based federal and state criminal record check in accordance with U.S. Public Law 92-544, or its successor provisions, as may be required by the department prior to issuing a card and procedures to ensure that cards for new applicants are issued within fourteen days. Applicants licensed pursuant to this section shall submit fingerprints to the Missouri state highway patrol for the purpose of conducting a state and federal fingerprint-based criminal background check. 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. Fingerprints shall be submitted pursuant to 43.543 and fees shall be paid pursuant to 43.530;

(i)   Security requirements for any premises licensed or certified pursuant to this section, including, at a minimum, lighting, physical security, video, alarm requirements, and other minimum procedures for internal control as deemed necessary by the department to properly administer and enforce the provisions of this section, including reporting requirements for changes, alterations, or modifications to the premises;

(j)   Regulation of the storage of, warehouses for, and transportation of marijuana for medical use;

(k)   Sanitary requirements for, including, but not limited to, the preparation of medical marijuana-infused products;

(l)   The specification of acceptable forms of picture identification that a medical marijuana dispensary facility may accept when verifying a sale;

(m)   Labeling and packaging standards;

(n)   Records to be kept by licensees and the required availability of the records;

(o)   State licensing procedures, including procedures for renewals, reinstatements, initial licenses, and the payment of licensing fees;

(p)   The reporting and transmittal of tax payments;

(q)   Authorization for the department of revenue to have access to licensing information to ensure tax payment and the effective administration of this section; and

(r)   Such other matters as are necessary for the fair, impartial, stringent, and comprehensive administration of this section.

7.  Additional Provisions.

(9)   All qualifying patient cultivation shall take place in an enclosed, locked facility that is equipped with security devices that permit access only by the qualifying patient or by such patient’s primary caregiver. Two qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one enclosed, locked facility. No more than twelve qualifying patient or primary caregiver cultivated flowering marijuana plants may be cultivated in a single, enclosed locked facility, except when a primary caregiver also holds a qualifying patient cultivation identification card, in which case no more than eighteen flowering marijuana plants may be cultivated in a single, enclosed, locked facility.