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Medical Marijuana Law


Missouri’s Medical Marijuana Law


In November 2018, Missouri voters approved a constitutional amendment allowing the use of medical marijuana. The Missouri Constitution now outlines the process for obtaining and using marijuana for medicinal purposes. Following are some of the most important components of the Constitution regarding this issue as related to physicians and patients:
  • The Missouri Department of Health and Senior Services is charged with the regulation of medical marijuana within the state. Check out their website for updated information. Questions can be sent to MedicalMarijuanaInfo@health.mo.gov.
  • Physicians can recommend, by completing the Physician Certification form, qualified patients receive an identification card issued by DHSS to possess and use medical marijuana. Physicians cannot “prescribe” medical marijuana.

 

Qualifiers

 

A “qualifying patient” must have a condition or symptom of, or side effect related to the treatment of:

  • Cancer
  • Epilepsy
  • Glaucoma
  • Intractable migraines unresponsive to other treatments
  • A chronic medical condition that causes persistent severe pain or muscle spasms
  • Any terminal illness
  • HIV or AIDS
  • A chronic medical condition that is normally treated with a prescription that could lead to physical or psychological dependence, which the physician determines the use of medical marijuana could be effective and would be a safer alternative.
  • Debilitating psychiatric disorders
  • Other chronic, debilitating medical conditions which, within the professional judgment of the physician, necessitates the use of medical marijuana.




Expectations

As part of the Physician Certification form, physicians will be required to attest that certain statements are true. This is the manner that the DHSS has conveyed the standard of care it expects medical marijuana patients to receive.

Following is a summary of these expectations:

  • In the case of non-emancipated individuals under the age of eighteen, physicians must receive the written consent of a custodial parent or legal guardian who will serve as a primary caregiver for the qualifying patient before certifying that patient.
  • The physician must meet with and examine the qualifying patient.
  • The physician must review the qualifying patient’s medical records or medical history and the qualifying patient’s current medications and allergies to medications.
 
  • The physician must have a conversation with the qualifying patient (or the qualifying patient’s custodial parent or legal guardian) about the patient’s current symptoms.
  • The physician must create a medical record for the qualifying patient regarding the meeting and maintain the qualifying patient’s medical record as required in 334.097, RSMo.
  • The physician must have a conversation with the qualifying patient (or the qualifying patient’s custodial parent or legal guardian) about the risks associated with medical marijuana, including any known contraindications applicable to the patient.


    The physician must have a conversation with the qualifying patient (or the qualifying patient’s custodial parent or legal guardian) about the risks of medical marijuana use to fetuses and to breastfeeding infants, if applicable.


    Legal Policy

    Physicians cannot be subject to criminal or civil liability or sanctions under Missouri law or discipline by the Board of Healing Arts for issuing a physician certification to a patient diagnosed with a qualifying medical condition or for owning, operating, investing in, being employed by, or contracting with, any entity licensed or certified to produce or sell medical marijuana. A physician who falsely attests to the statements on the physician certification form may be subject to sanctions or penalties under applicable laws and regulations.

    DHSS has additional information for physicians and patients on its website, including this FAQ.

    It is recommended that physicians choosing to issue Physician Certification forms review 19 CSR 30-95.0101, 19 CSR 30-95.110, and the language in the constitutional amendment.

    AOA Policy


    Federation of State
    Medical Boards


    AMA Policy



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