‘Don’t Ask Don’t Tell’

Certified medical marijuana patients will soon be able to grow marijuana for their exclusive use, subject to strict regulations

On June 28, DHSS will start accepting patient and patient-cultivation applications

Within 30 days after June 28, DHSS will issue identification cards and patient-cultivation cards, which will allow certified patients to grow up to six flowering marijuana plants in a secured facility within their home, as an example.

But where do patients or their caregivers get the seed to grow marijuana? 

Image result for marijuana seeds

Missouri law is silent on this currently.

Federal law, on the other hand, deems marijuana, and any transportation of seeds across state lines, illegal.

As a result, patients are left in a conundrum—how can I grow marijuana legally?

Bad news, they technically can’t.

But according to Lyndall Fraker, the director of Missouri’s marijuana program, mum is the word

Fraker reportedly said Missouri will follow other states, initially, and implement a “don’t ask, don’t tell” grace period.

This means, state regulators will look the other way while patients purchase seeds outside of Missouri. 

Other states faced the same problem and decided the best approach was to say and do nothing, leaving it up to the patients and operators to do that what is technically illegal.

Numerous companies around the world sell seeds directly to customers. 

Caution, however, purchasing seeds and transporting them across state lines is illegal. 

While this is clearly an untenable situation to place a patient in, this is the current landscape of medical marijuana in Missouri. 

It won’t be until after December 31, 2020, that Missouri law will catch up with reality and ensure that patients are able to buy seeds or plants legally in Missouri. 

Specifically, 19 CSR 30-95.040(4)(d) provides, “After December 31, 2020, marijuana for medical use shall be grown from seeds or plants obtained from a Missouri licensed cultivation or dispensary facility.”  

In other words, Missouri law, by omission, recognizes that from July 28, 2019 – December 31, 2020, patients and companies will have to buy seeds illegally.

As a result, every individual or facility that intends to grow marijuana will be required to violate the law and purchase seeds outside of the state or country and then transport them across state lines.

Simply put, buyer beware.

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Nothing herein should be construed as legal advice.