Author Archives: rhoffa

Missouri Police Chiefs message to all cops – Medical Marijuana is the Law

It took quite awhile but police are finally getting the message that Article 14 of the Missouri Constitution is currently effective and has been since December 6, 2018 and allows anyone with a valid medical cannabis card or caregiver card issued by Missouri, or a valid medical cannabis card from any other state, to possess up to 8 ounces of cannabis. It doesn’t matter where it came from or if Missouri dispensaries are open yet – it is still lawful for cardholders to possess it.

At this point, ALL POLICE in Missouri have been notified of this new law and for officers who choose to to violate it “ignorance of the law” will not be a defense to civil lawsuits.

From Chief Sean Fagan President, Missouri Police Chiefs Association, via CompanionMag:

“[C]urrently, persons who have a valid Medical Marijuana Card are legally allowed to possess up to eight ounces of marijuana. Officers should not ask where the marijuana was obtained or request to see a receipt for the purchase of the marijuana. The marijuana does not have to be in a sealed package and can be in the person’s house, vehicle, or on their person. What is required is that the person produce a valid medical marijuana card, either by hard copy, or a photo of the card on their cell phone or computer. If they do not produce this medical marijuana card, they are unlawfully in possession. I hope this helps to avoid and future problems”

CompanionMag – Medical rights protest prompts response from Missouri Police Chiefs Association

Highway Patrol Investigating Cannabis Clinic

The Missouri State Highway Patrol is already investigating a travelling medical cannabis clinic. Missouri Highway Patrol investigating ‘Cannabus’ traveling marijuana clinic – Springfield News Leader

The government is already using questionable tactics to bust cannabis businesses:

Documents obtained by the News-Leader show that a Columbia-based private investigator went undercover to attend a Cannabus clinic held at Koko Vapors in Fulton on Aug. 27.

(Melinda Kidder, the investigator, allowed the News-Leader to use photos and documents she gathered on behalf of a client for this story, but said her company does not share or publish any evidence or information about its clients without the “express consent and request of said client.” As a matter of journalism ethics, the News-Leader and the USA TODAY Network do not perform undercover investigations.)

The report Kidder wrote up for her client noted that she listened to a congratulations speech from Health City MD after she filled out the company’s “Generalized Anxiety Disorder 7-Item Scale” questionnaire on a tablet device and paid $125 for a physician certification. (A copy of the receipt was attached to Kidder’s report.)

“Once the speech was completed,” Kidder wrote, “the crowd was told they could go to ‘the van.’ I inquired of a Koko Vapors employee as to the purpose of going to the van and was informed that was where one could immediately obtain medical-grade marijuana.”

If your cannabis business is being investigated or you’ve been raided or charged with criminal offenses call Joe Welch at 314-494-9729 immediately.

BE CAREFUL – Missouri 4/20 DWI crackdown

BE CAREFUL THIS WEEKEND! Missouri cops will be on the lookout for cannabis users. If you’re stopped by the police DO NOT admit consuming cannabis before driving. If you get busted call or text me at 314-494-9729.

From the Missouri Department of Transportation press release: “Law enforcement will be out in full force April 19-20 to crack down on drugged driving offenders. “Driving drug-impaired or riding with someone who is drug-impaired is not worth the risk,” said Jon Nelson, MoDOT assistant to the state highway safety and traffic engineer. “Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for driving while substance-impaired can be significant. The consequences are serious and real.””

Drive High, Get a DUI Missouri launches first 420 drugged-driving enforcement campaign

Warrant Canary – not really doing that anymore

Warrant canaries are good in theory, but I don’t update this page enough to make it work. I have never been served with any sort of warrant or subpoena or anything for any client data or anything at all, ever. And if I ever am I figure I’ll come up with some way to be transparent about it.

Warrant Canary November 2018

As of November 13, 2018 attorney Joseph Welch has not been the subject of
any search warrants, subpoenas, retention notices, national security
letters or any other legal process that might compromise client
confidentiality or otherwise seek information regarding client
representation, including client identities.

The first commercial cannabis license deadline coming up in January 2019

On December 6, 2018 Missouri’s new medical cannabis law will take effect, and although applications to grow, infuse, or dispense medical cannabis commercially won’t be available until as late as June 4, 2019, those interested in this industry need to pay attention to an often overlooked deadline – January 4, 2019 will be the first day to prepay the nonrefundable license application fee for the limited number of commercial licenses.

Amendment 2 allows the Department of Health and Senior Services to collect a nonrefundable license fee of $10,000 for each commercial growing facility license, $6,000 for each infusion facility license, and $6,000 for each dispensary license. An entity can hold as many as 3 growing, 3 infusion, and 5 dispensary licenses – the combined application fees for holding these 11 licenses would be $78,000.

Prepaying these fees isn’t just as simple as sending a check for $78,000 to the DHSS – those interested in seeking licenses need to keep in mind the complex scoring algorithm the DHSS will use to award licenses to applicants. Successful license applicants will maximize their score by vesting control in a board composed of experienced cannabis industry professionals and Missouri residents with related experience. Any entity holding licenses must be majority controlled by persons who have resided in Missouri for at least one year prior to the application date. Creating an entity with a small initial board of directors or incorporaters composed of 1 experienced industry professional and 2 Missouri residents with industry related experience to make the January 4, 2019 deadline while adding additional directors with relevant experience and qualifications (keeping majority control in the hands of Missouri residents) as the June application deadline approaches will be the winning strategy.

Medical Cannabis coming to Missouri

On Tuesday, November 6, 2018 Missouri voters approved Amendment 2 by almost 70% – medical cannabis received more support on the balance than any other proposition or candidate.

As of December 6, 2018 this new law will take effect and allow patients with valid medical marijuana cards from other states to possess a limited amount of cannabis. Missouri ID cards will not be available until possibly June 2019, depending on when the Department of Health and Senior Services starts accepting applications. Patients will not be able to grow cannabis until Missouri patient cultivator cards are available, even if they have a valid out of state card right now.

Anyone interested in owning a license to commercially grow, infuse, or dispense medical cannabis will have to take part in an intensively competitive application process for the limited amount of commercial licenses that will be available and needs to get started immediately. While the applications might not be available until as late as June 4, 2019, entities interested in applying may prepay their application fees to the Department of Health and Senior Services as early as January 4, 2019.

Interested in applying for a license to operate a commercial facility?