Cultivation/Possession compliance

[CitrusCustard]

Here in MO, our current law outlines that once we are approved as cultivators, we are allowed 6 plants in bloom, 6 in veg (above 14 inches) and 6 clones (below 14 inches). The law for possession limits cultivators to 12oz (or "3 months worth") of dried, unprocessed flower or it's equivalent (meaning concentrate; to which the law calls 8g equal to one ounce of flower).

My questions
-- How are current growers dealing with compliance issues involving yield? I understand that one plant alone can harvest more than 12oz, let alone 6, especially when grown in ideal conditions like indoor high pressure aero. Does this pigeon hole us into growing crops built for smaller yield? Are we just freezing excess?
--Are there laws outlined for *undried* material such as hanging/curing or frozen live material? I have only seen language involving *dried, unprocessed flower or it's equivalent*
--Are there laws that define when a concentrate becomes "fully processed" ; ergo, are we allowed to take our *dried* flower in excess of 12oz and revert it to a state of undried/unprocessed equivalent until it's in a consumption-ready state like fully purged shatter or if we are mining for diamonds, when do they become processed material and therefore possession?
--We have to sign stating we are willing to be inspected on our paperwork; is this inspection regularly done, if at all, and does anyone have experience with being told they are not up to code? What are the penalties?

Thank you for your answers, I know it was a lot of questions and sorry if I posted in the wrong sub.

 

[Headgrinder]

Im sorry, but this is more of a comment: Even when they so call legalize for med or rec, they want us by the balls. They have their whole criminal justice industry that feeds off of us "not complying" since the 30's. Its turned me into a pissed off citizen that prefers to do things my way(gardening anyways). The 12oz cultivator limit is crazy. Im sorry. How much would being able to move it fast help. Maybe harvesting a plant every week or two and having the buyer already waiting for it could help. They set us up to fail. Keep kickin butt no matter how hard they make it and you will be sitting really good when they flush those and all unnecessary restrictions down the toilet. Good luck to you.

 

[CitrusCustard]

Im sorry, but this is more of a comment: Even when they so call legalize for med or rec, they want us by the balls. They have their whole criminal justice industry that feeds off of us "not complying" since the 30's. Its turned me into a pissed off citizen that prefers to do things my way(gardening anyways). The 12oz cultivator limit is crazy. Im sorry. How much would being able to move it fast help. Maybe harvesting a plant every week or two and having the buyer already waiting for it could help. They set us up to fail. Keep kickin butt no matter how hard they make it and you will be sitting really good when they flush those and all unnecessary restrictions down the toilet. Good luck to you.

Thanks for the kind words! I agree with you, the 12oz limit sounds ridiculous. I've been told these are 'emergency laws' so hopefully the word from cultivators reaches the state lawmakers and we can get possession for cultivation amended soon. I'm most curious to know when they consider concentrate fully processed and how much undried flower can we freeze. Knowing that could really help in staying within compliance

 

[Headgrinder]

I was trying to see if i could dig up any info for you. Missouri has three types of producer liscenses. Are you doing this for medical for yourself, or as a care giver? I found a 65 page pdf of the emergency laws. If a law doesnt say exactly what you can or cant do, or doesnt have an umbrella statement that includes x,y,and z, its room for a loop hole or work around. Maybe if i know a little more about the liscense type i might be able to find some info for you. Great topic, by the way.

 

[CitrusCustard]

Thank you, again! I'm currently approved to cultivate only for myself, but plan to cultivate for my wife when she gets her medical license and have considered caregiving for others. Right now I'm most interested in covering my own cheeks though

 

[Headgrinder]

Rules | Medical Marijuana | Health Services Regulation | Health & Senior Services

Rules | Medical Marijuana | Health & Senior Services

Medical Marijuana

health.mo.gov

The medical marijuana rules had some definitions. I am sorry if you've already been there and read it. I found it said if you have up to twice your limit they will revoke your licsense and fine you 200. Pg 8 of the pdf.

 

[Headgrinder]

I was thinking. If you grow too much they fine you 200 bucks and you kick them the fux out of your house forever. It sounds like its their loss...but like the wise and old M.C. Hammer once said "to legit to quit."

 

[CitrusCustard]

I appreciate the efforts Headgrinder, after digging through this I've come across some answers.

Regarding matters of yield and possession limit; according to the DHSS;
Under 19 CSR 30-95.010 Definitions, Item 9;
“Dried, unprocessed marijuana or its equivalent” means the marijuana flower after it has been cured and trimmed or its equivalent amount of marijuana concentrate or tetrahydrocannabinol (THC). For purposes of purchase and possession limitations, one (1) ounce of dried, unprocessed marijuana is equivalent to eight ( 8 ) grams of medical marijuana concentrate or eight hundred ( 800 ) milligrams of THC in infused products"

This tells us bud is not in a dried, harvested state (therefor not part of our possession limits) until we have cured and trimmed it; which would answer my questions regarding excess yield, if not for other language in the penalties section; the clause you mentioned that fines you $200:

19 CSR 30-95.025 Generally Applicable Provisions Section 5 A
"For possessing marijuana in amounts between the possessor’s legal limit and twice the possessor’s legal limit, in addition to revocation of identification card(s) pursuant to 19 CSR 30-95.030(3)(B)1.D., the possessor will incur a penalty of two hundred dollars ($200)"

THIS clause does not define it to be possessing dried and harvested, but uses a blanket phrase "possessing marijuana in amounts between". This does not define it being trimmed, wet, dry, harvested, ect. and leaves room for question as to whether we are illegal when possessing 25oz of wet unharvested flower, as much as I can tell.

So, I'm still kind of unsure in this matter, until that language from 5 A is cleared up.

In the matter regarding concentrates though, I hadn't realized there was a double-standard for hydrocarbon extractions for cannabis users. It is illegal in all states to blast concentrate with a "dangerous or combustible solvent", even though, to my knowledge, you can legally obtain these machines and the solvents for the same purposes of extracting essential oils of any other plant matter; just not weed oils.
Missouri actually has a more "free" system than many other States, as we allow the use of hydrocarbon manufacturing whatsoever, with the possession of a very pricey license. Luckily there is no laws against making solventless extract. Still, it's very disappointing, I am in love with the process of extracting and have dreamed of being above-board with making them.

19 CSR 30-95.025 Generally Applicable Provisions, section 5, C
"Any person or facility that extracts resins from marijuana using combustible gases or other dangerous materials without a manufacturing facility license, shall incur a penalty. 1. In addition to revocation of identification cards pursuant to 19 CSR 30- 95.030(3)(B)1.I., any patients or primary caregivers who extract resins in this manner will incur a penalty of one thousand dollars ($1000)."

Also, I should mention that if anyone does get popped with a fine and license revocation, the revoke can last up to 1 year, not permanently.

Once again, thanks a bunch Headgrinder. I will update this thread with any answers I get from emailing DHSS with these inquiries.

PS Had my medicinal & cultivation approved yesterday!

 

[fragileassassin]

In the matter regarding concentrates though, I hadn't realized there was a double-standard for hydrocarbon extractions for cannabis users. It is illegal in all states to blast concentrate with a "dangerous or combustible solvent", even though, to my knowledge, you can legally obtain these machines and the solvents for the same purposes of extracting essential oils of any other plant matter; just not weed oils.
Missouri actually has a more "free" system than many other States, as we allow the use of hydrocarbon manufacturing whatsoever, with the possession of a very pricey license. Luckily there is no laws against making solventless extract. Still, it's very disappointing, I am in love with the process of extracting and have dreamed of being above-board with making them.

19 CSR 30-95.025 Generally Applicable Provisions, section 5, C
"Any person or facility that extracts resins from marijuana using combustible gases or other dangerous materials without a manufacturing facility license, shall incur a penalty. 1. In addition to revocation of identification cards pursuant to 19 CSR 30- 95.030(3)(B)1.I., any patients or primary caregivers who extract resins in this manner will incur a penalty of one thousand dollars ($1000)."

This is the same in Colorado. We cannot make extracts in a residential space with ANY flammable solvent or "dangerous materials" (idr the exact wording but it includes using CO2). This includes evaporating high proof alcohol. Its nuts.
The only legal way we can make extracts at home is with a rosin press or cooking it into butter/oil

 

[Headgrinder]

I appreciate the efforts Headgrinder, after digging through this I've come across some answers.

Regarding matters of yield and possession limit; according to the DHSS;
Under 19 CSR 30-95.010 Definitions, Item 9;
“Dried, unprocessed marijuana or its equivalent” means the marijuana flower after it has been cured and trimmed or its equivalent amount of marijuana concentrate or tetrahydrocannabinol (THC). For purposes of purchase and possession limitations, one (1) ounce of dried, unprocessed marijuana is equivalent to eight ( 8 ) grams of medical marijuana concentrate or eight hundred ( 800 ) milligrams of THC in infused products"

This tells us bud is not in a dried, harvested state (therefor not part of our possession limits) until we have cured and trimmed it; which would answer my questions regarding excess yield, if not for other language in the penalties section; the clause you mentioned that fines you $200:

19 CSR 30-95.025 Generally Applicable Provisions Section 5 A
"For possessing marijuana in amounts between the possessor’s legal limit and twice the possessor’s legal limit, in addition to revocation of identification card(s) pursuant to 19 CSR 30-95.030(3)(B)1.D., the possessor will incur a penalty of two hundred dollars ($200)"

THIS clause does not define it to be possessing dried and harvested, but uses a blanket phrase "possessing marijuana in amounts between". This does not define it being trimmed, wet, dry, harvested, ect. and leaves room for question as to whether we are illegal when possessing 25oz of wet unharvested flower, as much as I can tell.

So, I'm still kind of unsure in this matter, until that language from 5 A is cleared up.

In the matter regarding concentrates though, I hadn't realized there was a double-standard for hydrocarbon extractions for cannabis users. It is illegal in all states to blast concentrate with a "dangerous or combustible solvent", even though, to my knowledge, you can legally obtain these machines and the solvents for the same purposes of extracting essential oils of any other plant matter; just not weed oils.
Missouri actually has a more "free" system than many other States, as we allow the use of hydrocarbon manufacturing whatsoever, with the possession of a very pricey license. Luckily there is no laws against making solventless extract. Still, it's very disappointing, I am in love with the process of extracting and have dreamed of being above-board with making them.

19 CSR 30-95.025 Generally Applicable Provisions, section 5, C
"Any person or facility that extracts resins from marijuana using combustible gases or other dangerous materials without a manufacturing facility license, shall incur a penalty. 1. In addition to revocation of identification cards pursuant to 19 CSR 30- 95.030(3)(B)1.I., any patients or primary caregivers who extract resins in this manner will incur a penalty of one thousand dollars ($1000)."

Also, I should mention that if anyone does get popped with a fine and license revocation, the revoke can last up to 1 year, not permanently.

Once again, thanks a bunch Headgrinder. I will update this thread with any answers I get from emailing DHSS with these inquiries.

PS Had my medicinal & cultivation approved yesterday!

Congratulations. That is awesome.

 

[CitrusCustard]

Sorry I'm just now getting back w/ everyone, DHSS takes awhile to reply and tried running me in a circle a few times.
I finally got a straight answer from them though regarding the weight of wet, untrimmed flower.

"Our rules do not provide information on undried marijuana. They only provide information on plant count and dried unprocessed marijuana. If you are concerned about the weight of the undried marijuana, you may want to contact your local law enforcement and see how they would handle a situation as you have described below. Our rules are up to interpretation and we cannot guarantee how law enforcement will interpret the dried or undried weights. "

 

[ToneOZ]

They will bust your ass!

 

[Headgrinder]

They will bust your ass!

Yeah. Definately ask before its hangin.

 

[Snob]

Get your self a good Attorney on standby. Never know when you might need them.

 

[KCMeds]

New to the site. Howdy from a Missouri grower. Can anyone confirm that 14” is the magic number on over/under seedling height? I’ve seen 12” and someone mentioned 18”.

 

[CitrusCustard]

New to the site. Howdy from a Missouri grower. Can anyone confirm that 14” is the magic number on over/under seedling height? I’ve seen 12” and someone mentioned 18”.

Yes 14 is the magic number
From DHSS's pdf, found at https://www.sos.mo.gov/CMSImages/AdRules/csr/current/19csr/19c30-95.pdf
"(B) One (1) qualifying patient may cultivate up to six (6) flowering marijuana plants, six (6) nonflowering marijuana plants (over fourteen (14) inches tall), and six (6) clones (plants under fourteen (14) inches tall) at any given time in a single, enclosed locked facility. Two (2) qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one (1) enclosed, locked facility. No more than twelve (12) flowering marijuana plants, twelve (12) nonflowering plants, and twelve (12) clones may be cultivated in a single, enclosed locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants, six (6) additional nonflowering marijuana plants, and six (6) additional clones for a total of eighteen (18 flowering marijuana plants, eighteen (18 nonflowering marijuana plants, and eighteen (18 clones in a single, enclosed locked facility."

 

[KCMeds]

Yes 14 is the magic number
From DHSS's pdf, found at https://www.sos.mo.gov/CMSImages/AdRules/csr/current/19csr/19c30-95.pdf
"(B) One (1) qualifying patient may cultivate up to six (6) flowering marijuana plants, six (6) nonflowering marijuana plants (over fourteen (14) inches tall), and six (6) clones (plants under fourteen (14) inches tall) at any given time in a single, enclosed locked facility. Two (2) qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one (1) enclosed, locked facility. No more than twelve (12) flowering marijuana plants, twelve (12) nonflowering plants, and twelve (12) clones may be cultivated in a single, enclosed locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants, six (6) additional nonflowering marijuana plants, and six (6) additional clones for a total of eighteen (18 flowering marijuana plants, eighteen (18 nonflowering marijuana plants, and eighteen (18 clones in a single, enclosed locked facility."

Thanks! Might just be leaving a 14inch stick around the grows to check on things.

 

[ToneOZ]

How does this apply if you top and train downward below 14"? Would they consider that a seedling or veg

 

[ToneOZ]

Be nice if it didn't matter what cycle it was in and you had 18 plants to put in whatever mode you wanted.

 

[KCMeds]

I expect to be good as long as it’s not flowering. I’ll be growing my photos under the legal height limit for close to two months with mainlining and root pruning