Missouri just announced draft rules. Apparently not etched in stone yet. I have a feeling this is what we are going to end up with.
It looks like in order to cultivate your own as a patient you have to give up your 4th amendmemnt rights. You have to agree to allow them into your cultivation spot or room. Of course this is going to be in a tent or room in most peoples house. Do they do this in other states.
It seems to me it is an administrative run around our 4th amendment. I am going to list the category for revocation from their draft rules.
Tell me what you think or what they are doing in other states.
Section G I have highlighted this section.
(B) Denial and revocation. 1. Qualifying patient, primary caregiver, and patient cultivation identification cards may be denied or revoked. A. If an applicant provides false or misleading information in an application, the identification card for which the applicant is applying will be denied; B. If an applicant fails to provide a complete application within ten (10) days of being notified that an application is incomplete, the identification card for which the applicant is applying will be denied; (I) An applicant will be considered notified on the date the department sends written notice to a mailing or e-mail address provided by the applicant. (II) If an applicant fails to provide a mailing or e-mail address, the department will not issue notice but will hold the application for thirty (30) days. C. If a card holder violates any provision of this rule, any medical marijuana identification cards currently held by that individual may be revoked; D. If a card holder is found to be in possession of an amount of marijuana greater than the medical marijuana legal limit applicable to that individual, any medical marijuana identification cards currently held by that individual will be revoked. In such a case, the revocation shall be for one year; E. If a card holder is convicted of, pleads guilty to, or receives a suspended imposition of sentence for a violation of section 579.020, 579.065, or 579.068, RSMo or for a violation of a similar law of another state, any medical marijuana identification cards currently held by that individual will be revoked. In such a case, the revocation shall be permanent, absent a gubernatorial pardon or expungement. F. If an applicant has applied for a qualifying patient, primary caregiver, or qualifying patient cultivation identification card and received two (2) denials within a twelve- (12-) month period, has any of these types of identification cards revoked twice within a twenty-four (24) month period, or applied for any of these types of identification cards and been denied once and also had any of these types of identification cards revoked once within a twenty-four- (24-) month period, the identification card for which the applicant is applying will be denied. G. If a patient cultivation identification card holder fails to immediately make available access to his or her patient cultivation facility upon request from the department, the patient cultivation identification card will be revoked; H. In the case of a primary caregiver identification card, if the qualifying patient for whom an individual serves as primary caregiver is deceased or notifies the primary caregiver that his or her services are no longer needed, the primary caregiver identification card will be revoked as it applies to that qualifying patient. In such a case, the primary caregiver must notify the department within ten (10) days that he or she is no longer eligible to serve as a primary caregiver for that qualifying patient; and I. If medical marijuana is stolen or lost, is identifiable as medical marijuana purchased by a particular qualifying patient or primary caregiver, is discovered in the possession of an individual who is not the qualifying patient or primary caregiver authorized to possess that medical marijuana, and was not reported as stolen or lost by the qualifying patient or primary caregiver authorized to possess that medical marijuana, the qualifying patient’s or primary caregiver’s identification card may be revoked. 2. Any denial or revocation shall be issued by the department in writing to the qualifying patient or, in the case of a primary caregiver, to the qualifying patient and the primary caregiver,
and shall include the specific reasons for the denial or revocation and the process for requesting review of the department’s decision. (C) Renewal. Qualifying patient, primary caregiver, and patient cultivation identification cards are valid for twelve (12) months from their date of issuance and shall be renewable by submitting, prior to expiration by at least thirty (30) days but no sooner than sixty (60) days, a new or updated application, which shall include any information required by section (2) that has changed since the date of the previous application, including a new physician certification. (D) The department shall charge a fee for medical marijuana identification cards. The department shall publish the current fees, including any adjustments, on its website. (E) If the name or address of a qualifying patient or primary caregiver changes after an identification card is issued, the qualifying patient or primary caregiver shall notify the department in a department-provided format within ten (10) days of the change
It looks like in order to cultivate your own as a patient you have to give up your 4th amendmemnt rights. You have to agree to allow them into your cultivation spot or room. Of course this is going to be in a tent or room in most peoples house. Do they do this in other states.
It seems to me it is an administrative run around our 4th amendment. I am going to list the category for revocation from their draft rules.
Tell me what you think or what they are doing in other states.
Section G I have highlighted this section.
(B) Denial and revocation. 1. Qualifying patient, primary caregiver, and patient cultivation identification cards may be denied or revoked. A. If an applicant provides false or misleading information in an application, the identification card for which the applicant is applying will be denied; B. If an applicant fails to provide a complete application within ten (10) days of being notified that an application is incomplete, the identification card for which the applicant is applying will be denied; (I) An applicant will be considered notified on the date the department sends written notice to a mailing or e-mail address provided by the applicant. (II) If an applicant fails to provide a mailing or e-mail address, the department will not issue notice but will hold the application for thirty (30) days. C. If a card holder violates any provision of this rule, any medical marijuana identification cards currently held by that individual may be revoked; D. If a card holder is found to be in possession of an amount of marijuana greater than the medical marijuana legal limit applicable to that individual, any medical marijuana identification cards currently held by that individual will be revoked. In such a case, the revocation shall be for one year; E. If a card holder is convicted of, pleads guilty to, or receives a suspended imposition of sentence for a violation of section 579.020, 579.065, or 579.068, RSMo or for a violation of a similar law of another state, any medical marijuana identification cards currently held by that individual will be revoked. In such a case, the revocation shall be permanent, absent a gubernatorial pardon or expungement. F. If an applicant has applied for a qualifying patient, primary caregiver, or qualifying patient cultivation identification card and received two (2) denials within a twelve- (12-) month period, has any of these types of identification cards revoked twice within a twenty-four (24) month period, or applied for any of these types of identification cards and been denied once and also had any of these types of identification cards revoked once within a twenty-four- (24-) month period, the identification card for which the applicant is applying will be denied. G. If a patient cultivation identification card holder fails to immediately make available access to his or her patient cultivation facility upon request from the department, the patient cultivation identification card will be revoked; H. In the case of a primary caregiver identification card, if the qualifying patient for whom an individual serves as primary caregiver is deceased or notifies the primary caregiver that his or her services are no longer needed, the primary caregiver identification card will be revoked as it applies to that qualifying patient. In such a case, the primary caregiver must notify the department within ten (10) days that he or she is no longer eligible to serve as a primary caregiver for that qualifying patient; and I. If medical marijuana is stolen or lost, is identifiable as medical marijuana purchased by a particular qualifying patient or primary caregiver, is discovered in the possession of an individual who is not the qualifying patient or primary caregiver authorized to possess that medical marijuana, and was not reported as stolen or lost by the qualifying patient or primary caregiver authorized to possess that medical marijuana, the qualifying patient’s or primary caregiver’s identification card may be revoked. 2. Any denial or revocation shall be issued by the department in writing to the qualifying patient or, in the case of a primary caregiver, to the qualifying patient and the primary caregiver,
and shall include the specific reasons for the denial or revocation and the process for requesting review of the department’s decision. (C) Renewal. Qualifying patient, primary caregiver, and patient cultivation identification cards are valid for twelve (12) months from their date of issuance and shall be renewable by submitting, prior to expiration by at least thirty (30) days but no sooner than sixty (60) days, a new or updated application, which shall include any information required by section (2) that has changed since the date of the previous application, including a new physician certification. (D) The department shall charge a fee for medical marijuana identification cards. The department shall publish the current fees, including any adjustments, on its website. (E) If the name or address of a qualifying patient or primary caregiver changes after an identification card is issued, the qualifying patient or primary caregiver shall notify the department in a department-provided format within ten (10) days of the change