When Missouri voters go to the polls this Nov. 8, they’ll be asked to weigh in on a series of state constitutional amendments. For many, the most consequential of these is Amendment 3, which …
This item is available in full to subscribers.
We have recently launched a new and improved website. To continue reading, you will need to either log into your subscriber account, or purchase a new subscription.
If you are a digital subscriber with an active subscription, or you are a print subscriber who had access to our previous wesbite, then you already have an account here. Just reset your password if you have not yet logged in to your account on this new site.
If you are a current print subscriber and did not have a user account on our previous website, you can set up a free website account by clicking here.
Otherwise, click here to view your options for subscribing.
Please log in to continue |
When Missouri voters go to the polls this Nov. 8, they’ll be asked to weigh in on a series of state constitutional amendments. For many, the most consequential of these is Amendment 3, which would broadly decriminalize marijuana and create state regulations for production, sale and use of the drug.
The components of these changes are outlined in six bullet points that will appear on the ballot, but the first thing voters should know is that the actual text of the amendment is much, much longer than that. The full text occupies about five full pages of The Record's newspaper print edition. About two pages are adjustments to the existing medical marijuana amendment passed in 2018; the rest is new text for broader legalization.
Any voter might be forgiven for seeing this as an intimidating read for a layperson expected to cast a vote on the matter. For your convenience, we’ve created this summary of the major changes proposed by Amendment 3, broken down by the bullet points that will be listed on the ballot.
The upfront summary here covers a lot of ground, but there’s also a lot of nuance within the proposed decriminalization.
First of all, this amendment doesn’t eliminate licensing requirements for businesses that are growing, manufacturing, transporting or selling marijuana products. Instead, it opens that licensing up to non-medical purposes and allows the Missouri Department of Health and Senior Services (DHSS) to create reasonable health, safety and security regulations for businesses.
Regarding personal use, anyone over age 21 could legally possess up to 3 ounces of marijuana. However, driving under the influence would still be illegal, as would attempting to sell marijuana possessed or grown for personal use. Various other local restrictions, such as smoking bans, could apply as well.
The amendment also mandates that law enforcement must take extra investigatory steps before initiating any marijuana-related searches, seizures, detention or arrests.
Amendment 3 would also allow any person over age 21 to receive a license to grow marijuana in their home. The amendment sets restrictions on the number of plants per license holder, allowing up to 18 plants in different stages of development. The amount of plants per household is capped at twice that number.
A personal cultivation license requires an annual fee of $100, and also requires that the homeowner keep their plants in a locked space and out of sight from public areas, or else face a fine and forfeiture of their plants.
In short, many criminal sentences for marijuana-related offenses that would no longer be illegal under this amendment, or would be classified as a less significant offense, are subject to being overturned. There are some exceptions for violent offenses, drug trafficking, and distribution to minors.
Anyone eligible to have their conviction overturned could petition the trial court to vacate their sentence and expunge the records of their conviction, meaning the records would be erased and/or removed from public access.
The amendment would also start a process for state courts to automatically expunge the records of qualifying marijuana convictions.
As stated above, state licensing requirements for cultivating, manufacturing, transporting and selling marijuana would all remain in place. Current medical marijuana businesses would have first priority to convert their licenses into “comprehensive” marijuana licenses.
The lottery selection part of the amendment comes in when it’s time to issue new licenses. The 2018 medical marijuana amendment had DHSS create a scoring system to pick which entities would receive a license; the new amendment replaces that process with a lottery system.
Comprehensive marijuana business licenses would come with hefty fees. Applicants would have to pay anywhere from $3,000 to $12,000 non-refundable just to apply. Those who receive a license would have to pay an annual fee of $10,000 to $25,000.
However, the new amendment would also create a separate licensing category for “marijuana microbusinesses,” which can only be owned by people with economically disadvantaged backgrounds or who live in economically disadvantaged communities.
A microbusiness owner can only have one marijuana-related license. The application fee and annual renewal fees for this category are just $1,500.
This mostly retains the 2018 requirement for a set number of licensed businesses in each U.S. congressional district, but also requires DHSS to issue a separate number of microbusiness licenses that are in addition to the full-sized marijuana businesses. The number of microbusinesses would increase over two years to a minimum of 18 per district.
This money would go to pay necessary government expenses in implementing marijuana regulations, and the rest would be split up equally for military veteran healthcare and services, grants for agencies that provide drug addiction treatment, and the Missouri Public Defender system.
This sales tax would be added to any normal sales tax. Local governments would also be allowed to add another 3 percent tax on top of that, meaning the extra tax on marijuana could be as high as 9 percent.
There are a few important changes included in Amendment 3 that don’t fit cleanly into the ballot summary.
The amendment would prohibit most employers from discriminating against certified medical marijuana users, as long as they aren’t under the influence at work.
Local governments would be allowed to create reasonable restrictions on marijuana, such as limitations on use in public places or consumption of marijuana-infused goods at restaurants.
Local governments would even be allowed to ban non-medical marijuana businesses, but only with a vote of the people, and that vote would only be allowed to be held during the November election of a presidential election year. This would effectively force local governments to allow recreational marijuana businesses until at least 2024.
