Politics
Missouri Officials Warn Marijuana Businesses That Interstate Commerce Is Not Allowed, Even Under Federal Rescheduling
Missouri regulators are warning marijuana businesses not to ship or receive cannabis products over state lines—even if they get permission from federal officials under the Trump administration’s rescheduling reform.
“The recent federal rescheduling of state licensed medical marijuana does not replace Missouri’s medical marijuana regulatory program,” the state Department of Health & Senior Services’s (DHSS) Division of Cannabis Regulation (DCR) said in a guidance document published last week. “Instead, it adds federal requirements on top of the existing state framework, creating a dual layer system in which licensees must comply with both Missouri regulations and applicable federal obligations, if the licensee chooses to register with” the Drug Enforcement Administration (DEA).
Current state law “does not authorize import, export, or interstate commerce of regulated cannabis,” the DCR guidance cautioned. “While licensees may receive such authorization via the federal registration process, exercising that authority will not be possible until Missouri updates its rules and infrastructure to align with federal changes.”
Regulators said that they consider moving Missouri-regulated cannabis products outside the authorized system to be illegal diversion, while bringing marijuana from outside regulated businesses into the market is prohibited as inversion.
“Missouri regulations do not yet include a framework either for import or export of cannabis or for transport of cannabis across state lines,” they said. “DHSS will issue further guidance when rules and infrastructure are updated to operationalize any federal changes in this area, if applicable.”
“Avoid any import, export, interstate commerce, or other activity removing Missouri-regulated product from the regulated system until Missouri rules are updated.”
In the meantime, state-licensed marijuana businesses must continue to abide by product tracking standards, testing rules and facility visitor access requirements, regulators said.
“Missouri licensees must continue operating exactly as they do today under state authority,” the guidance said. “Federal registration is dependent on maintaining state licensure. Therefore, where any potential conflict arises between state and federal expectations, it is imperative licensees work with the Department to ensure they remain in compliance with laws and regulations governing their state license.”
In April, Attorney General Todd Blanche issued an order immediately moving marijuana products regulated by a state medical cannabis license from Schedule I of the Controlled Substances Act (CSA) to Schedule III, along with marijuana products that are approved by the Food and Drug Administration (FDA).
Days later, the agency began accepting registrations from medical cannabis dispensaries with a new form.
Last month, DEA granted an initial batch of federal registrations to more than 900 medical cannabis businesses.
DEA also recently launched new specialized registration forms for additional types of state-licensed medical marijuana businesses such as manufacturers, distributors and analytical labs.
A DEA hearing that recently concluded testimony is considering broader marijuana rescheduling beyond medical cannabis.
Photo courtesy of Carlos Gracia.
