PURPOSE: Under Article XIV, Section 1 of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control Medical Marijuana Facilities. This rule explains what regulations apply only to Cultivation Facilities.

1. (1) Cultivation Facility Licenses.

   1. (A) The number of cultivation facility licenses will be limited to sixty (60) unless the department determines the limit must be increased in order to meet the demand for medical marijuana by qualifying patients.
   2. (B) A facility license will be issued for a single facility in a single location. Combinations of licenses at the same location must be approved pursuant to 19 CSR 30- 95.040(4)(C).

2. (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;

   1. (A) Cultivation facilities may cultivate medical marijuana in indoor, outdoor, or greenhouse facilities.

      1. 1. Each indoor facility utilizing artificial

lighting will be limited to no more than thirty thousand (30,000) square feet of flowering plant canopy space.

1. 2. Each outdoor facility utilizing natural

lighting will be limited to no more than two thousand eight hundred (2,800) flowering plants.

1. 3. Each greenhouse facility using a com-

bination of natural and artificial lighting will be limited to, at the election of the licensee, either no more than two thousand eight hundred (2,800) flowering plants or no more than thirty thousand (30,000) square feet of flowering plant canopy space.

1. 4. If a cultivation facility is operating

with multiple cultivation licenses in the same location, the size limitations of the cultivation facility will be multiplied by the number of licenses;

1. (B) Facilities must keep records, by month and by batch, of all pesticides, herbicides, fertilizers, and other agricultural chemicals applied to marijuana plants and growing medium during production and processing at its facility for at least five (5) years;
2. (C) Facilities, except those in rural, unincorporated agricultural areas, must develop, implement, and maintain an odor control plan, which shall address odor mitigation practices including, but not limited to, engineering controls, such as system design and operational processes, which shall be reviewed and certified by a professional engineer or a certified industrial hygienist as sufficient to effectively mitigate odors for all odor sources;

3. (D) Cultivation facilities must ensure all facility employees are trained in at least the following:

   1. 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;

1. 2. Proper use of the statewide track and

trace system;

1. 3. Procedures for responding to an

emergency, including severe weather, fire, natural disasters, and unauthorized intrusions;

1. 4. Standards for maintaining the confi-

dentiality 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;

1. 5. The methods of cultivation used by

the facility; and

1. 6. The facility’s safety and sanitation

procedures;

1. (E) Cultivation facilities shall not transfer medical marijuana from the facility, except to a testing facility, until the medical marijuana has been tested by a testing facility, according to the provisions of 19 CSR 30-95.070, and the cultivation facility has received verification from the testing facility that the medical marijuana passed all required testing;

2. (F) Cultivation facilities may only transport medical marijuana—

   1. 1. That the facility cultivated;
   2. 2. To a dispensary, testing, or manufac-

turing facility; and

1. 3. If the facility complies with the

requirements of 19 CSR 30-95.100(2); and

1. (G) Cultivation facilities shall store all medical marijuana—

   1. 1. At the approved location of the facili-

ty; or

1. 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). AUTHORITY: sections 1.3.(1)(b) and 1.3.(2) of Article XIV, Mo. Const. Emergency rule filed May 24, 2019, effective June 3, 2019, expired Feb. 27, 2020. Original rule filed May 24, 2019, effective Jan. 30, 2020.