In anticipation of applicants being awarded Medical Marijuana Facility licenses, the Missouri Department of Health and Senior Services (“DHSS”) has released a new emergency rule, codified at 19 CSR 30-95.028, which contains new procedures for the award and confirmation of facility licenses that will be critical for new licensees to follow.
Section 1 provides that all medical marijuana facilities that are issued a license or certification will be given forty-eight (48) hours from department notification of issuance to confirm they accept the license. If a facility does not affirmatively accept issuance of a license or certification the license or certification will be offered to the next ranked facility.
As the time draws near for medical marijuana facility licenses to be awarded it will be critical for applicants to monitor all lines of communication provided to DHSS, as an applicant risks losing a license if it does not affirmatively accept within 48 hours of notification from the DHSS of license award. Failure to timely accept may result in the applicant not having any basis to challenge DHSS for an award