|MoCannTrade would like to notify our members and the industry of a hearing tomorrow morning set between the DCR (Division of Cannabis Regulation) and JCAR (Joint Committee on Administrative Rules). It’s our understanding this hearing was set after numerous Missouri licensees met with JCAR committee members to express their concern and frustration with the rollout of the package, product and label approval process. Members of JCAR seem particularly interested whether DCR exceeded its rulemaking authority by using guidance letters as unpromulgated rulemaking, therefore circumnavigating the rulemaking process.
MoCann has received a myriad of emails and feedback highlighting how frustrating, burdensome and restrictive the approval process has become. So much so that at this point, not a single product or package has been able to successfully make it through the approval process since it began on Sep. 1. Many licensees have communicated their inability to get new packages, products and labels to market, which is a significant departure from the previous DCR process.
JCAR is scheduled to meet tomorrow (10/18/23) at 10:00 a.m., in Joint Hearing Room 117 (a link to livestream the hearing is provided below). The hearing is between the DCR and JCAR and they will be discussing the Promulgated Rules 19 CSR 100, Departmental Guidance and Wavier of Certain Rules, among other issues concerning the department’s rulemaking authority.
For reference, The Joint Committee on Administrative Rules (JCAR) is a statutory committee created in §536.037, RSMo. The Committee has ten members, five from the Senate and five from the House of Representatives. The chair of the Committee rotates on an annual basis between a member from the Senate and a member from the House of Representatives.
The Committee is charged with the responsibility to review administrative rules filed by state agencies for compliance with Missouri statutes. Pursuant to §536.014, RSMo., a rule shall be invalid in the event that there is an absence of statutory authority to promulgate the rule; the rule is in conflict with state law; or the rule is arbitrary and capricious.
Joint Committee on Administrative Rules 2023 (JCAR)
Executive Director – Andrew Mullins