DHSS Issues New Emergency Marijuana Rule requiring awarded licenses to be accepted within 48 hours
The Missouri Department of Health and Senior Services (“DHSS”), has issued a new proposed emergency rule that essentially provides that: (1) if you are awarded a license, you have 48 hours to accept or it will be offered to the next person on the list, and (2) if your application meets the minimum requirements for licensure but you lose out because you had fewer points than successful applicants, then you will be regarded as “conditionally denied” for the next 395 days but could be awarded a license as they become available.
The primary takeaway for applicants is that they need to make sure they immediately accept any license granted to them. We are almost certain that the notice will come via email to the address provided as the primary contact on the Complia portal, so applicants should make sure to check that email every day. The choice of 395 days was also interesting and might suggest that the DHSS could start awarding licenses as early as Nov. 30/Dec. 1.
This announcement can be viewed in it’s entirety at https://health.mo.gov/news/newsitem/uuid/3a661383-c099-4a0a-b4bc-a7113e1002c6/dhss-drafts-new-draft-emergency-rule-for-medical-marijuana-program
The draft rule is available at: https://health.mo.gov/safety/medical-marijuana/pdf/19-csr-30-95.028-emergency-rule.pdf
About Kennyhertz Perry’s Medical Marijuana Practice Group
Kennyhertz Perry advises clients on a wide range of medical marijuana compliance and regulatory matters. Kennyhertz Perry partner Braden Perry spent time as a Senior Trial Attorney with the Commodity Futures Trading Commission and is highly qualified to assist with the banking and other financial issues related to the medical marijuana industry.
Kennyhertz Perry partner John Kennyhertz is a former in-house counsel at a private equity firm and has structured transactions for very small and very large clients alike. He has substantial experience in highly regulated industries such as online lending, and industries with fast changing regulations, such as cryptocurrency. He provides medical marijuana operational and compliance counseling and offers advice on appropriate modifications of transaction structure and documentation.
Kennyhertz Perry attorney Ben Tompkins is a former federal prosecutor in Los Angeles as well as a former Trial Attorney for the U.S. Department of Justice Tax Division. He is well equipped to provide advice regarding the rapidly evolving tax landscape in the medical marijuana industry.
Kennyhertz Perry attorney Arthur Chaykin is a former law school professor and head of litigation at Sprint. He is an expert on intellectual property law and devises creative solutions to protect client’s IP in the medical marijuana industry, even when certain federal protections are unavailable.
Kennyhertz Perry attorney Jeff Donoho is an expert in small business formation and government compliance. His knowledge of the labyrinthine medical marijuana application process helps him provide detailed guidance to clients.
Kennyhertz Perry attorney Mit Winter is a former partner at an AmLaw 100 law firm. An expert litigator, his skill in anticipating issues before they become serious problems is valuable to all clients, and particularly those in the medical marijuana industry. In addition, his skill as a writer makes him a valuable asset to our application writing team.
Kennyhertz Perry attorney Jon Dedon previously worked in the appellate litigation division of an AmLaw 100 law firm. Jon has worked extensively on marijuana and hemp related regulatory compliance for numerous financial institutions and payment processors. His contacts with executives in marijuana businesses in Washington, California, Michigan, New York, Illinois, Ohio, Oklahoma and California, as well as internationally in Germany, Canada, Colombia, and Australia prove valuable when advising clients regarding medical marijuana in Missouri.
Clients also benefit from Kennyhertz Perry’s experience in related areas of law, such as litigation, banking, securities, tax, intellectual property, employment, insurance, and its regular practice before the Missouri administrative agencies and courts. Medical marijuana clients choose Kennyhertz Perry because the firm’s lawyers tailor their advice to the unique issues presented by each matter they handle.
To learn more about Kennyhertz Perry, LLC, please visit kennyhertzperry.com.
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