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Missouri Foster Parents Can Now Possess Cannabis

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Yes, it's because of Amendment 3

By Jessica Rogen on Fri, Sep 8, 2023 at 8:18 am

An emergency amendment issued by the Missouri Department of Social Services last month allows Missouri Foster parents to possess and cultivate cannabis.

The amendment, titled 13 CSR 35-60.040 Physical and Environmental Standards, lifts the ban because of Amendment 3, which legalized recreational use in Missouri and went into effect earlier this year. In the ruling, the department says that it cannot hold rules in conflict with the state's constitution.

The Department of Social Services also mentions that it has an interest in making sure "the public is not confused by published regulations that are not valid." Indeed.

So Rule 13, which established the ban, is gone — at least until February 2024, when this emergency amendment expires. However, that doesn't mean cannabis is now rules-free for foster parents.

Yes, said parents can possess cannabis or cannabis-infused products, and they can cultivate plants for medical use in an "enclosed, locked facility" as long as they follow all established rules for growing. However, they can't do any of this in the presence of their foster children, either in a home or in a car.


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