New guidance addresses state compliance, DEA inspections, and confidentiality requirements following the federal move of state-licensed medical marijuana to Schedule III.

Maintaining compliance with Missouri’s cannabis regulations remains the primary focus for state licensees following the federal rescheduling of medical marijuana, according to new guidance from the Division of Cannabis Regulation.

In guidance dated November 2, DCR emphasized that federal rescheduling does not replace Missouri’s medical marijuana program. Licensees that choose to register with the Drug Enforcement Administration must meet applicable federal obligations while continuing to operate within the authority granted by their state licenses.

The guidance explains how Missouri’s regulatory program interacts with the U.S. Department of Justice’s April 23 order moving state-licensed medical marijuana from Schedule I to Schedule III under the Controlled Substances Act.

The federal rule, published and effective April 28, also established an expedited DEA registration process for entities holding state medical marijuana licenses. Its scope includes state-licensed medical marijuana and marijuana products approved by the Food and Drug Administration.

“Missouri licensees must continue operating exactly as they do today under state authority. Federal registration is dependent on maintaining state licensure. Therefore, where any potential conflict arises between state and federal expectations, it is imperative licensees work with the Department to ensure they remain in compliance with laws and regulations governing their state license,” DCR stated.

That includes maintaining all product tracking requirements in the statewide track-and-trace system, meeting state testing standards, and following existing facility security and visitor procedures. Laboratory certification requirements and testing methodologies approved by the Missouri Department of Health and Senior Services also remain in place.

DCR also said federal registration does not authorize Missouri facilities to import, export, or transport regulated cannabis across state lines under current state rules.

Although federal registration may provide a path to authorization for certain activities involving Schedule III marijuana, DCR said Missouri has not established the rules or infrastructure necessary to allow imports, exports, or interstate cannabis commerce.

Under the state’s current framework, distributing Missouri-regulated cannabis outside the authorized system constitutes diversion. Conversely, bringing cannabis into the regulated market from an unauthorized outside source constitutes inversion, according to the guidance.

   

“Although the Final Order amends federal regulations to allow DEA registrants to receive authorization for Schedule III marijuana products, Missouri regulations do not yet include a framework either for import or export of cannabis or for transport of cannabis across state lines.”

Licensees must avoid those activities until Missouri rules are updated. DHSS said it will provide further guidance if changes are made to implement federal authorizations.

The guidance also addresses how facilities should handle visits from DEA agents.

According to DCR, agents may enter licensed Missouri facilities for legitimate business purposes, including inspections, audits, and diversion investigations, and must present proper credentials.

“Agents must present proper credentials. Missouri facilities must: Apply existing Missouri visitor rules to DEA agents, including check in procedures and escorted access. Treat DEA inspections as official regulatory visits while continuing to meet all state security and access control requirements.”

Those requirements include check-in procedures, escorted access, and controls on entry into restricted areas.

DCR also directed licensees to review confidentiality and disclosure requirements under Article XIV of the Missouri Constitution, state cannabis regulations in 19 CSR 100, and House Bill 2641, reminding operators that federal registration and DEA inspections do not remove Missouri’s restrictions on disclosing confidential information.

Regulators say they will issue additional updates as federal and state requirements evolve.