From The Editor
Bill Cromwell , Publisher , Editor-in-Chief
Can I Consume in Public ?
T
hankfully , we hear from our readers often with a host of questions about the Missouri medical marijuana program . In March , one of our readers asked . “ Hi ! I have been reading your informative magazine for months now , and I have a request . I would like to see an article about where one can medicate . My husband drives me to chemo and Keytuda appointments , which are an hour and a half away from us . Can I medicate in the car on the way to an appointment ? Can I sit outside my home at the picnic table ? What about traveling to another state ? I was at the Mayo in Minnesota ( I am from Missouri ), and I called the highway patrol because I didn ’ t know their laws … what about passing through Iowa on my way to Minnesota ... so many questions . My husband has his caretaker card to try and protect him in the event something comes up . Thank you for your time and attention .” – Gidget T .
Gidget , thank you for writing to us ; you have many valid questions to answer , so we have assigned a writer to cover this story for a future issue . Meanwhile , there is not enough space in this column to cover everything in-depth , but perhaps this will help .
Regarding public consumption , The Missouri Department of Health and Senior Services ( DHSS ) says , per rule 19 CSR 30-95.030 , no qualifying patient shall consume marijuana for medical use in a public place unless provided by law . 19 CSR 30-95.010 defines a public place as any public or private property , or portion of public or private property , that is open to the general public , including but not limited to sidewalks , streets , bridges , parks , schools , and businesses .
Can I sit outside my home at the picnic table ? Yes , your property is not defined as a public space .
Can I consume medical marijuana and drive ? The MMJ patient identification card does not offer individuals protection from violating laws pertaining to operating a motorized vehicle while under the influence . Nothing in MO Article XIV permits a person to operate , navigate , or be in actual physical control of any dangerous device or motor vehicle , aircraft or motorboat while under the influence of marijuana .
Can I legally possess medical marijuana now ? Only those patients and caregivers with a valid Department-issued identification card may legally possess marijuana in accordance with 19 CSR 30-95.030 . Article XIV of the Missouri Constitution provides that , once the Department begins accepting patient applications , those applications will be acted upon by the Department within 30 days after receipt .
What about traveling to another state ? The DHSS says , even though medical marijuana is legal in Missouri , marijuana possession remains a federal offense . Federal law applies to offenses involving interstate commerce and importation from other countries . Therefore , Missouri patients cannot legally travel across stateliness with MO medical marijuana , and if caught , a patient can face arrested !
Can someone with an out-of-state medical marijuana card or physician certification possess medical marijuana in Missouri ? The DHSS , Section 1 , subsection 5 ( 1 ) of Article XIV provides that a person who produces an “ equivalent identification card or authorization issued by another state or political subdivision of another state ” will not be subject to arrest or other sanctions under Missouri law for possession of marijuana in quantities less than the limits for qualified Missouri patients . However , Missouri does not have reciprocating laws ( agreements ) for patients crossing other state lines .
6 April 2022
Missouri ’ s First Educational Medical Cannabis Magazine Published Monthly by Native Kansas City , MO , Advocates , Publishers and Writers . A True Missouri Born Grassroots Effort to Educate and Inform Patients , and to Provide Businesses within The Missouri Cannabis Industry an Economical Forum to Tell Their Story . We hope you join and enjoy “ The Evolution .”
PUBLISHER , EDITOR-IN-CHIEF : Bill Cromwell News , Articles and Advertisement Requests should email to :
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