Cannabis Law

D.B. McCracken Law provides legal counsel & guidance in the following areas:

Licensing

Prepare license applications for medical and adult use facilities.

Prepare license renewal applications with updates and assessments of efforts to implement or follow-through on plans, assurances or projections in the original application.

Draft, review and track outcome of requests for Department approval, including requests for:

  • License transfers and changes in ownership interests
  • Combining facilities owned by a single entity or different entities
  • Constructing a separately-sited warehouse
  • Regulatory variations
  • Facility deviations; and
  • Alternative methods for rendering medical marijuana waste unusable.

Compliance Reviews & Due Diligence

Conduct scheduled and “surprise” independent reviews and audits of methods, procedures, handbooks, records, employee qualifications, and other control systems to ensure compliance with internal practices and applicable state, local and municipal laws and regulations. Provide a written analysis of findings and suggestions for improving effectiveness and efficiency.

  • On-site day-to-day operations
  • On-line web-based presence
  • Agent identification cards
  • Minimum security measures and interactions with local law enforcement
  • Patient and caregiver educational materials
  • Marketing, signage and advertising materials
  • Promotional events
  • Packaging and labeling
  • Transportation
  • Storage
  • Waste management
  • Inventory
  • Documenting (logs, forms, video recordings) and recordkeeping
  • Seed-to-sale tracking systems, including use of the statewide track and trace system
  • In-dispensary and delivery sales, disbursements, returns, refunds and credits
  • Facility access
  • Testing; and
  • other areas as needed.

Conduct due diligence on potential partners so that relationships are entered with confidence.

Review contracts for regulatory compliance.

Conduct quality control reviews of hard copy documents and data entry into track and trace systems and other compliance controls. Garbage in, garbage out vs. Roses in, roses out.

Investigations & Recalls

Conduct independent investigations into external complaints to the Department of Health and Senior Services; internal complaints by customers or employees; and potential violations, variations and other operational concerns. Prepare report with action plans. Expedited coordination with the Department as necessary.

Advise and represent facilities with respect to Department actions, including

  • Investigations of complaints submitted to the state; and
  • Imposition of penalties and orders to suspend all or part of operations.

Investigate and respond to the Department’s Initial Notice of Violations and Final Notice of Violations for regulatory non-compliance. Review Corrective Action Plans and coordinate implementation to allow facilities to resume full operations as soon as possible.

Oversee recall notice compliance with appropriate action.

Regulatory Updates

Provide regulatory developments and evolving best practices with implementation strategies.

Procedures & Training

Standard Operating Procedures and Employee Handbooks Draft, review, modify and update standard operating procedures and employee handbooks in compliance with current laws and regulations, industry best practices and internal practices. Assess implementation.

Conduct and review timely employee training in compliance with internal procedures and applicable law:

  • Use of the state’s track and trace system
  • Emergencies
  • Confidentiality of health information
  • Safety and sanitation
  • Patient and caregiver identification and purchase limitations
  • Effects and effectiveness of cannabis strains and methods of use; and
  • Recognizing signs of medical marijuana abuse.

Intellectual Property

Register trademarks and service marks with the Missouri Secretary of State's office and the U.S. Patent and Trademark Office.

Administrative Appeals

Administrative Appeals and Hearings Appeal Department decisions to the Administrative Hearing Commission (facility licenses, certificates and agent identification cards).

Need a regulatory compliance professional for your cannabis business?

Schedule a meeting with D.B. McCracken Law today