Outdoor growing; Missouri medical marijuana legalities

Growing outdoors is possible under the regulations established by the Missouri Department of Health and Senior Services. However, in order to establish and safe and secure place for outdoor cultivation one must abide by the rules, and use a little common sense. The most relevant rule is found in the “Definitions” section of the emergency rules. The definition clarifies the meaning of “Enclosed, locked facility” in relation to outdoor cultivation.

“(12) “Enclosed, locked facility” means—
(A) An indoor stationary closet, room, garage, greenhouse, or other comparable fully enclosed space equipped with locks or other functioning security devices that permit access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana; or

(B) An outdoor stationary structure—
1. That is enclosed on all sides, except at the base, by chain-link fencing, wooden slats, or a similar material that is anchored, attached, or affixed to the ground and that cannot be accessed from the top;

2. In which the plants are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure at any level; and

3. That is equipped with locks or other security devices that restrict access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana.”

While some parts of this definition are clear, there are a few points that are left to interpretation. For example, “cannot be accessed from the top;” could be taken to mean that the area must have a roof of some sort. Perhaps clear panels covering the top, or another section of kennel panel to cover the top? DHSS representatives have suggested that this will suffice. However, others believe that razor wire, or barbed wire along the top of the fence may also fulfill this requirement.

Section (B)(2) doesn’t leave room for interpretation, but it does create the greatest limitation for most outdoor growers. This requirement means that a neighbor cannot see your grow from their second story window or anywhere else on their property. While this seems overly restrictive, it makes a lot of sense. Medical cannabis has a high street value and, if other folks locate your grow, you become a target for bad people.

With all this mind, outdoor growing is a fine solution for home growers who have the privacy necessary. Especially considering that you can grow outdoors and create medicine for less than $20 per ounce, with a minimum of inputs. If you are a caregiver, this can be a great idea and will allow you to offer your patients medicine for a bare minimum price.

Want to more about growing outdoors? Let us know!

Happy Harvests!
— The Lit Farmer —