Under the regulations set forth by the Missouri Department of Health and Senior Services (“DHSS”), DHSS “may waive, for good cause, provisions of this chapter on its own initiative or by request. Requests for variance from the requirements of any provision of this chapter shall be made in writing and will be granted or denied by the director of the department’s medical marijuana program. Request shall include:
- A list of each requirement for which a variance is requested, with citation to the specific rule in which the requirement can be found; and
- An explanation for why the requirement cannot be met or why meeting the requirement would impose an undue burden on the applicant.”
In anticipation of new licenses being awarded across the state, DHSS is now welcoming requests for variances, and has created a portal on its website through which they may be submitted. During the application process, Carnahan, Evans, Cantwell & Brown, P.C. successfully requested several variances on behalf of several facility applicants.