Finding the correct data to determine and support meeting the qualifying criteria can be tricky . The Microbusiness application filing fee is $ 1,500 . If not selected by lottery , the Department may refund this fee to applicants who met the application criteria . Amendment 3 also tasks the Chief Equity Officer with establishing programs dedicated to providing communities impacted by marijuana prohibition with information on the licensing process and resources . This writer urges the Chief Equity Officer to offer programming that includes access to data and sources the Department will rely upon to determine Microbusiness qualifications . The Department might also clarify at what point , or points , in time individuals must qualify under each criterion . For example , does a Microbusiness license need to be majority owned by individuals who qualify only at the time of application , up to certification by the Chief Equity Officer of your lottery group or all lottery groups , or some other point ( s ) in time ?
Applying for and Owning a Microbusiness License
The Amendment 3 timeline requires the Department to make Microbusiness applications available by June 6 , 2023 , and to begin accepting applications by September 4 , 2023 . Putting together a good Microbusiness business plan means understanding the difference between the entity that applies for and obtains a license and the individual owners of that entity .
An entity may submit only one application for one Microbusiness license , which may be either a Microbusiness Dispensary or Wholesale license , not both . “ Entity ” is defined in Amendment 3 as a natural person or legal entity , such as a for profit corporation , nonprofit corporation , or limited liability company .
An entity may not be an owner of more than one Microbusiness Facility license . An owner of a Microbusiness Facility may not also be an owner of a medical or Comprehensive license . Amendment 3 defines “ owner ” as an individual ( not a legal entity ) with 10 % financial or voting interest in a marijuana facility .
If a majority of voters check � yes in November , Microbusiness licenses offer the most opportunity to enter Missouri ’ s adult-use marijuana industry under Amendment 3 . You can help yourself now by thinking through how you and / or your team would apply for and operate a Microbusiness license .
For more news and details about the legalization , see “ Secretary of State Certifies Legal Missouri 2022 citizens ’ Initiative Petition ,” news release from 8 / 9 / 22 at www . TheEvolutionMag . com .
Editor Note : We sincerely thank Denise McCracken for taking the time out of her busy law practice schedule to write this series of three articles helping our readers learn more about Amendment 3 . If you missed the August or September issues ( pages 40-41 ) for part one , and two , please visit our website and see the “ Past Issues ” page .
Denise B . McCracken practices cannabis law with a compliance focus at her St . Louis-based law firm D . B . McCracken Law , LLC , also doing business as Dogwood Advisors . Ms . McCracken represents licensees and third-party service providers in various cannabis-related matters . She was voted Missouri ’ s Best Industry Lawyer in 2022 and is the author of “ Missouri Cannabis Laws and Regulations , 2020 .” A Notre Dame Law School graduate , Ms . McCracken is licensed in Missouri and Illinois .
Notice : This publication provides general information only and should not be construed as formal legal advice nor the formation of a lawyer / client relationship . Always consult your attorney for any legal advice .