Legal History

Missouri Medical Marijuana History

Missouri Medical Marijuana History

MISSOURI MEDICAL MARIJUANA HISTORY

Missouri Medical Marijuana History

In November 2018 the substantial beginning of Missouri Medical Marijuana History unfolded when Missouri residents approved with 66% of the vote a ballot measure (Amendment 2) to legalize the medical use of cannabis. The measure allowed qualified patients to grow up to six cannabis plants and purchase an amount of cannabis per month to be determined by state regulators (required to be at least 4 ounces). The measure set a 4% tax rate on medical cannabis sales with proceeds to be earmarked for services for military veterans. Although some qualifying conditions are specified, the law additionally allows cannabis to be recommended for any “chronic, debilitating, or other medical condition” as determined by a physician, along with any terminal illness.

Qualifying Conditions – Missouri Medical Marijuana History

Per Article XIV of the Missouri Constitution, a qualifying medical condition is:

  • Cancer
  • Epilepsy
  • Glaucoma
  • Intractable migraines unresponsive to other treatment
  • A chronic medical condition that causes severe, persistent pain or
  • persistent muscle spasms, including but not limited to those associated with
    • multiple sclerosis, seizures,
    • Parkinson’s disease,
    • and Tourette’s syndrome
  • Debilitating psychiatric disorders, including, but not limited to,
    • post-traumatic stress order, if diagnosed by a state-licensed psychiatrist
    • Human immunodeficiency virus (HIV) or
    • Acquired immune deficiency syndrome (AIDS)
  • A chronic medical condition that is normally treated with prescription medications that could lead to physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication
  • A terminal illness
  • In the professional judgment of a physician, any other chronic, debilitating or other medical condition, including, but not limited to,
    • hepatitis C,
    • amyotrophic lateral sclerosis,
    • inflammatory bowel disease,
    • Crohn’s disease,
    • Huntington’s disease,
    • autism,
    • neuropathies,
    • sickle cell anemia,
    • agitation of Alzheimer’s disease,
    • cachexia,
    • and wasting syndrome.

Legislation – Missouri Medical Marijuana History

Amendment 2, a constitutional amendment to allow medical cannabis, passed by a margin of 66 percent to 34 percent.  Under the new law, qualified patients who have approval from their physicians will receive identification cards from the state that will allow them and their registered caregivers to grow up to six marijuana plants and purchase at least four ounces of cannabis from dispensaries on a monthly basis.

Additionally, the state regulators will issue licenses for medical marijuana dispensaries, as well as cultivation, testing, and infused product manufacturing businesses.

Also on the ballot with Amendment 2 were two other medical cannabis initiatives that were defeated. Amendment 3 contained a narrower set of qualifying conditions, a higher tax rate of 15 percent, and would not have allowed home cultivation. It failed with 32 percent of the vote. A third measure, Proposition C, was a statutory change as opposed to a constitutional amendment. It set a two percent tax rate and also contained no home grow provision. It failed with 44 percent of the vote.

2020 Updates – Missouri Medical Marijuana History

In April 2020, Missourians made an effort to pass an adult-use marijuana legalization ballot initiative in Missouri. Despite the campaign’s impressive progress in a short time, signature-gathering efforts were ultimately halted due to the COVID-19 pandemic. Though disappointed, campaign leaders have vowed to build on the foundation of grassroots support and redouble efforts to end marijuana prohibition at the next available opportunity — most likely in 2022.

“We had hoped that it might be possible to persuade the state of Missouri to allow online signature gathering under the extraordinary circumstances we find ourselves in this spring,” said Dan Viets, coordinator for Missouri NORML.  “However, that has not proven to be an option, and there does not appear to be any other path to gathering the 170,000 valid signatures we would require prior to the deadline in early May.”

Thankfully, Missouri’s medical marijuana program appears to be on track to have medical marijuana available for patients by the Fall or Winter 2020. Regulators are allowing doctors to conduct medical marijuana assessments via telehealth, and over 40,000 Missourians have already registered as medical marijuana patients.

Check out this mini-poll about how Missourians feel about marijuana efforts in Missouri.

How to Get a Medical Marijuana Card in Missouri

To obtain a medical marijuana card, a patient needs to get a physician certification signed by a Missouri-licensed medical doctor that documents his or her medical condition. A patient should bring any relevant medical documents to an appointment to prove the medical condition. The physician certification proves that a doctor has recommended medical marijuana.  Here at CalmEffect we now offer medical marijuana appointments via Telemed and at discounted rates.

After receiving the signed physician’s certification, a patient must apply to the state health department for a card within thirty days of receiving the certification. A patient may begin the application process on the Missouri Department of Health & Senior Services website, Health.MO.Gov/safety/medical-marijuana. Personal information, including name, social security number, and photo identification are required.

The patient or caregiver card fee is $25 annually. Physician certifications vary in price and have to be renewed annually. The fee for a home grower card is $100 annually.

Missouri Medical Marijuana History

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If you live in a medically legal state, we will help you find a doctor who can refer you for natural alternative plant medicine.  We have in-person and even telemedicine appointments in many states.  We help you find a doctor, book an appointment, and help you prepare for the appointment.  This will expedite the process.

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Price includes:

– Doctor appointment.
– State registry assistance.
– Recommendation/script that lasts the MAX allowed by the state 

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States Allowing Medical Marijuana Sales During Coronavirus

States Allowing Medical Marijuana Sales During Coronavirus

States Allowing Medical Marijuana Sales During Coronavirus

States Allowing Medical Marijuana Sales During Coronavirus

States Allowing Medical Marijuana Sales During Coronavirus

States that have allowed marijuana businesses to remain open during coronavirus pandemic stay-at-home orders.

States Allowing Medical Marijuana Sales During Coronavirus

Most state governments around the nation have deemed medical marijuana companies “essential” during the coronavirus pandemic, meaning the vast majority can keep doing business after residents were told to stay at home and many businesses were ordered to scale back or close their operations.

The quickly spreading coronavirus – and the surge of states telling residents to stay home – has created confusion among cannabis companies over whether officials would require them to cease operations, even temporarily.  Here are the States allowing medical marijuana sales during coronavirus.

Decisions handed down from various government sources

Here’s where each state – and the District of Columbia and Puerto Rico – with some form of statewide, districtwide or territory-wide stay-at-home order stands as of the morning of April 2:

States Allowing Medical Marijuana Sales During Coronavirus

Alaska: Cannabis companies are not specifically addressed by the governor’s stay-at-home order or in a list of “essential” businesses issued by the state. But a spokesperson for the state’s Alcohol and Marijuana Control Office confirmed that cannabis businesses are considered essential and can remain open as long as they are able to comply with strict social-distancing requirements, such as not allowing more than 10 people – including employees – inside a retail establishment at one time.

Arizona: Although neither the governor’s stay-at-home order nor a supporting document listing “essential” businesses include any mention of cannabis, multiple industry sources told Marijuana Business Daily that dispensaries are still operational and believe the MMJ retailers are included in the state’s definition of “essential” as part of the health-care sector.

California: Every state-licensed marijuana company is allowed to continue operating, according to state guidance and statements from regulators.

Colorado: Both medical and recreational marijuana retailers are allowed to continue operations, under an executive order issued by the governor last week before he released a statewide stay-at-home order on March 25. However, recreational cannabis shops are limited to curbside pickup while medical dispensaries can stay fully open.

Connecticut: Medical marijuana dispensaries and producers are classified as part of the state’s health-care sector and are exempt from closures, according to state guidance.

Delaware: All medical marijuana dispensaries are exempt from closure during the statewide stay-at-home order issued by the governor, the state’s joint information center confirmed to MJBizDaily via email.

Florida: The governor issued a stay-at-home order on April 1, and although the order doesn’t mention marijuana, the state’s surgeon general had previously provided guidance to the industry that medical cannabis companies qualify as an “essential” part of Florida’s health-care sector.

Hawaii: The governor’s stay-at-home order designates licensed MMJ dispensaries and cultivation centers as “essential.”

Illinois: All state-licensed cannabis growers and retailers are “essential” according to the governor’s stay-at-home order.

Louisiana: The medical marijuana supply chain is exempt from closure under the governor’s statewide stay-at-home order, state officials confirmed to MJBizDaily via email.

Maine: The governor issued a stay-at-home order on March 31. Regulators classified Maine’s MMJ dispensaries and caregivers among the state’s “medical facilities” in a memo shared with the industry on March 24, meaning they can continue to serve patients. The state’s recreational cannabis market has not yet launched.

Maryland: Although the governor’s stay-at-home order does not specifically mention the cannabis industry, the state had previously issued guidance classifying medical marijuana businesses as “essential.”

Massachusetts: The governor has classified “licensed medical marijuana retailers” as essential but not recreational cannabis businesses, which were required to close by March 23.

Michigan: Although the governor’s stay-at-home order doesn’t mention marijuana or cannabis directly, the state’s Department of Licensing and Regulatory Affairs stipulated in a news release on Monday that all licensed medical and recreational marijuana businesses can remain operational. Retailers, however, are limited to “curbside service or delivery,” meaning storefronts will not be open to the public.

Minnesota: The market’s two medical marijuana companies are exempt from statewide closures under the governor’s recent statewide stay-at-home order, according to cannabis operator Vireo Health.

Montana: The governor’s stay-at-home order classifies medical marijuana businesses as “essential,” so all state-licensed businesses can continue operations.

Nevada: The governor issued a stay-at-home order on April 1 but, before that, had already ordered all “nonessential” businesses to close. In a March 20 order, however, the governor classified all state-licensed marijuana businesses as “essential,” allowing them to continue operations. Retail sales are limited to home delivery only, according to the March 20 order.

New Hampshire: No reference to marijuana or cannabis was included in the governor’s stay-at-home order or a supporting document listing “essential” businesses in New Hampshire. However, regulators told the state’s five dispensaries that they are considered “essential” and can continue operations, according to multiple industry sources.

New Jersey: All medical marijuana dispensaries were classified as “essential” by the governor’s stay-at-home order.

New Mexico: The state Department of Health issued guidance to medical marijuana businesses before the governor’s stay-at-home order, clarifying that all MMJ producers are an “essential” part of the health-care sector.

New York: In a clarification document released after the governor’s stay-at-home order, the state Department of Health said all licensed MMJ companies are classified as “essential.”

Ohio: The governor’s stay-at-home order classified all licensed medical marijuana dispensaries and growers as “essential.”

Oklahoma: All MMJ businesses were categorized as “essential” and can remain operational, the state’s Medical Marijuana Authority clarified on Twitter this week after the governor issued a statewide Safer-at-Home order for the elderly and “vulnerable populations.”

Oregon: The governor’s stay-at-home order doesn’t specifically mention cannabis or marijuana. But the state Liquor Control Commission, which oversees the industry, issued a temporary rule allowing licensed MJ retailers to provide curbside pickups for customers who submit orders online. So far, the state has not classified the industry as “essential.”

Pennsylvania: The governor issued a statewide stay-at-home order on April 1. Before that, on March 20, the state included medical marijuana companies on a list of “life-sustaining businesses” that can remain operational during the coronavirus outbreak.

Puerto Rico: The U.S. territory deemed all medical marijuana businesses as critical parts of their health-care sector and exempt from mandatory business closures.

Rhode Island: The governor’s stay-at-home order includes “compassion centers” – which is the state’s terminology for MMJ dispensaries – as “critical retail,” indicating Rhode Island’s three dispensaries can remain operational.

Vermont: The medical marijuana industry was deemed “essential,” and dispensaries – which are considered pharmacies by state regulators – will be allowed to remain open during the governor’s statewide stay-at-home order, the state’s Department of Financial Regulation confirmed.

Washington DC: The District of Columbia’s mayor, who issued a stay-at-home order on March 30, included “medical marijuana dispensaries” last week in a list of “essential” businesses that could continue operations.

Washington State: The governor’s stay-at-home order includes an appendix that identifies cannabis retailers and workers supporting the supply chain as “essential.” Additionally, the state Liquor and Cannabis Board issued an order allowing retailers to continue sales through curbside pickups. The board also clarified in a news release Tuesday that all licensed marijuana businesses can continue operations and that retailers will be allowed to sell to both medical and recreational customers.

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Medical MMJ TeleMed in Massachusetts

Medical Marijuana TeleMed in Massachusetts

Medical Marijuana TeleMed in Massachusetts

On March 10, 2020, Governor Charlie Baker declared a State of Emergency (“Order”) in the Commonwealth of Massachusetts due to the outbreak of the 2019 novel Coronavirus (“COVID-19”). On March 15, 2020, the Administration announced further actions to support residents, health care providers, and small businesses during the COVID-19 outbreak, including an Order Expanding Access to Telehealth Services and to Protect Health Care Providers which allows for the provision of telehealth (telephone and live video) to facilitate patient access to medical services.

The Cannabis Control Commission (“Commission”) is providing this bulletin to Certifying Health Care Providers (“Providers”) who are registered with the Massachusetts Medical Use of Marijuana Program for information and assistance. This bulletin supplements and updates the Commission’s bulletins issued March 13, 2020 and March 18, 2020.

The Executive Director, acting on behalf of the Commission, has determined that the requirement that a potential patient (“Patient”) be physically present for a clinical visit pursuant 935 CMR 501.010(7) would cause undue hardship to Providers and Patients by increasing the risk of their exposure to COVID-19. Therefore, so long as Governor Baker’s March 10, 2020 Order that a State of Emergency remains in place, a waiver request may be considered and granted for Providers who wish to certify new patients via telehealth for the Medical Use of Marijuana Program in Massachusetts.

Prior to each clinical visit conducted through telehealth means, Providers must first ensure that there is an ability to deliver the service through telehealth with the same standard of care and in compliance with licensure and registration requirements using telehealth as is applicable to the delivery of the services in person. If a Provider cannot meet the standard of care or these requirements, the Provider must direct the Patient to seek in-person care. Providers must make this determination prior to the issuance of a Written Certification.  Under 935 CMR 501.850(2), the Provider shall adhere to the following conditions prior to issuing a Written Certification:

Medical Marijuana TeleMed in Massachusetts Visit Details

During the visit, Providers must:• Disclose and validate their identity and credentials, such as the Provider’s license, title, and, if applicable, specialty and board certifications.
• Disclose that the Provider obtained a waiver to conduct the clinical visit by telehealth and without the requirement of a physical exam subject to certain conditions.
• Properly identify the Patient by using, at a minimum, the Patient’s name, date of birth, and state-issued ID.
• In addition to the requirements set forth in G.L. c. 94I and 935 CMR 501.010, Provider must establish a bona fide healthcare professional-patient relationship, which includes a full assessment of the qualifying patient’s medical history and condition, including a debilitating medical condition, prior to issuing a Written Certification. G.L. c. 94I, § 2(b)(1).
• Provider must inform Patient that in order to renew their certification, Patient would need to be physically present for a clinical visit.
• To the extent feasible, Provider must ensure the same rights to confidentiality and security as provided in face-to-face services. Providers must inform Patients of any relevant privacy considerations.

Medical Marijuana TeleMed in Massachusetts Waiver Requests

To obtain a waiver, Providers should complete and submit the Commission’s general Waiver Request Form available at MassCannabisControl.Com/Forms-and-Templates. Once considered by the Commission, the waiver will authorize Providers to serve all Patients who request a Written Certification for the Medical Use of Marijuana Program using telehealth means so long as the March 10, 2020 State of Emergency Order remains in place.

Additionally:

• Providers shall monitor the order, which is currently available at https://www.mass.gov/executive-orders/no-591-declaration-of-a-state-of-emergencyto-respond-to-covid 19. If this order is rescinded or modified, this waiver is rescinded with or without notice to Provider.
• At that time, Provider shall satisfy the requirement that Patient(s) be physically present for a clinical visit under 935 CMR 501.010(4) and (7).
• Failure to comply with this requirement may result in disciplinary action including, but not limited to, the loss of Provider’s certification privileges.

Providers may contact the Commission at Commission@CCCMass.com regarding questions about this bulletin.

References
Baker-Polito Administration Announces Emergency Actions to Address COVID-19
Governor Baker’s State of Emergency
Governor’s Order Expanding Access to Telehealth Services and To Protect Health Care Providers
Commission March 13, 2020 Bulletin: Licensees’ Preparation for COVID-19
Commission March 18, 2020 Bulletin: Licensees’ Preparation for COVID-19
Massachusetts Medical Use of Marijuana Regulations

TeleMed With CalmEffect

TeleMed With CalmEffect

TeleMed With CalmEffectTeleMed With CalmEffect

TeleMed with CalmEffect

Some states are now allowing remote TeleMed Doctor Appointments for Medical Marijuana.  Please fill out the form below to find out about Telemed with CalmEffect.  As the Coronavirus pandemic continues, we expect more states to come on board quickly.  Fill out the form below and we will work with you to get you Telemed with CalmEffect today!

 

March 20, 2020 – TeleMed with CalmEffect is available in Maine, Missouri, New York, Oklahoma, and Rhode Island.  Florida is temporarily allowing TeleMed appointments for 30-days and may consider making the option permanent.  We have word that Ohio is coming on board this week.  Rumors suggest that multiple other states will begin allowing this important healthcare option.  As they do, TeleMed with CalmEffect will begin the process to onboard doctors for you!

We continue to work hard to bring more Telemed Doctors for Medical Marijuana onto Telemed with CalmEffect in every state in the U.S.  With the coronavirus epidemic, we expect more states to approve this critical healthcare option.

April 22, 2020   – Telemedicine now available in RI, ME, OK, MO, NY, PA, FL, OH, and MA.

TeleMed with CalmEffect

Interested in Accessories for Your Medical Marijuana?

We have compiled a collection of medical marijuana accessories that you are sure to love!

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We have favorites for consumption, storage, learning, cleaning, and more!  Something for everyone!

For those new to marijuana, this whole process may be a little scary.  Hopefully, we can take some of the unknown out of it as the process is pretty straightforward across the United States.

There are 3 phases of your medical marijuana doctor’s appointment.

  1. Preparation
  2. Attend the Appointment
  3. Follow Up- To do’s after the appointment

How Do You Prepare for Medical Marijuana Appointment?

(U.S. or Florida Medical Marijuana Appointment)

First of all, you want to make sure you have the location, directions, date and time, know the price, and know what you are getting for the price.

  • If you’re looking for inexpensive, does the price include your treatment for the full 7 months (appointments and prescriptions)?
  • If you feel that you might want more access to the doctor, does the price you are paying include that? (ie. do you think you might have a more complicated condition that may take more questions and interaction).

Second, what does the medical marijuana doctor require at the initial exam?

  • Does the doctor accept credit cards?
  • Does the doctor need to see identification? Usually, a State Issued Drivers License is sufficient.
  • What kind of medical records are required?  Does the doctor need to see something official from another MD/DO that shows your diagnosis?
    • If you don’t have a record on hand, does the medical marijuana doctor have a medical release to help you get the records?  What is the process?
  • Make a list of your symptoms for the condition, know your prior history and current medications.  The medical marijuana doctor will probably ask you about them.
  • Create a list of questions. Here are some samples:
    • How will medical marijuana interact with my current medications?
    • Should I tell my regular doctor about medical marijuana?
    • What do you recommend I start off with?

When Visiting a Medical Marijuana Doctor, Here is What You Should Expect

Paperwork and consent forms. These can sometimes be via iPad/digital and other times on paper

The doctor needs to have complete info for his records and to have an accurate description of your situation/condition.

If you find something confusing, ask the doctor or his team.

There are some forms that the state requires that are mandatory. Typically this is included in the doctor’s “consent” package

Payment. Most often, the common practice is to pay prior to the doctor seeing you. This can sometimes be done online in advance or at the doctor’s office.

Meet with the doctor:

  • The doctor will review your paperwork and records and discuss your symptoms/conditions with you.  He/She will probably ask you about your experience with marijuana and discuss what you should expect.
  • The doctor will discuss how marijuana works with your body and what you should expect.
  • The doctor may discuss different methods of intake (ie sublingual, vaping, capsules, cream) and what some of the dispensaries offer.

Note: the time the doctor spends with you may be correlated to the fee. i.e. if you pay $99 for an appointment don’t expect the doctor to spend an hour with you.  If you paid $350, then the doctor should go more in-depth in all parts of your consultation. Always best to ask these questions ahead of time.

Behind the scenes, assuming the doctor approves you (he/she will let you know at the appointment), he/she will enter you into the Florida State Registry as required by law.

What Do You Have to Do After the Medical Marijuana Appointment with the Doctor?

  1. The doctor and/or his/her team may help you with your State application. This is the part that you have to complete in order to get your ID.  Don’t worry, we have a video on this process and you’re welcome to reach out to CalmEffect if you have questions.
  2. Once you’ve applied, you should get approved if everything is correct. Early in 2019, we’ve seen patients get approved for medical marijuana in as little as two weeks.  You do not need to wait until you get the “hard card” in the mail. Once you receive an approval email or you see in the state registry you are approved, you can purchase medical marijuana.

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The STATES Act Amends the Controlled Substances Act

The STATES Act Amends the Controlled Substances Act

The STATES Act Amends the Controlled Substances Act The STATES Act Amends the Controlled Substances Act The STATES Act amends the Controlled Substances Act so that any business or person operating in compliance with state cannabis law will not be in violation of federal law. The STATES Act is a bipartisan bill with real-world impact. … Read more

Oklahoma 2020 Marijuana Measure To Protect Medical Program

Oklahoma 2020 Marijuana Measure To Protect Medical Program

Oklahoma 2020 Marijuana Measure To Protect Medical Program First reported December 27, 2019 Oklahoma 2020 Marijuana Measure To Protect Medical Program – Oklahoma activists have withdrawn a marijuana legalization ballot initiative and replaced it with one that contains revised language designed to ensure the state’s medical cannabis program is unaffected. The development comes weeks after … Read more