The amendment allows for the use of medical marijuana for any medical condition approved by a doctor. While Amendment 2 goes into effect on Dec. 6, 2018, the Amendment will not be fully operational until later in 2019.
Missouri's Department of Health and Senior Services (MDHSS)'s 2019 timeline is as follows:
June 2019
Make marijuana identification card application forms and instructions available for patients and caregivers in addition to license application forms and instructions for marijuana dispensaries, cultivation facilities, storage facilities and testing sites
July 2019
Begin accepting patient and caregiver applications. MDHSS will have 30 days to approve or deny the application and issue the identification cards for approved applicants
August 2019
Begin accepting dispensary, cultivation, storage and testing facility applications. MDHSS will have 150 days to approve or deny the application and issue the license for approved applicants
Employees under the influence of medical marijuana at work are not protected under Amendment 2; however, there is no specific language regarding whether employers can continue enforcing drug-free workplace policies. Aspects of Amendment 2 such as this may be further clarified in the future. However, in the interim, Missouri employers should consult with legal counsel to determine how to address an employee who tests positive for marijuana that was used lawfully for medical purposes.
Source: Ogletree Deakins
Posted: December 11, 2018
