Amendment 3 to Article XIV of the Missouri Constitution passed into law in 2022. The amendment legalizes recreational cannabis in the state of Missouri and expands the existing medical marijuana program. While the federal government still considers cannabis a schedule I controlled substance, Missouri is the 21st state to legalize recreational use.
The amendment passed statewide in November with 53.1% of the vote. Dent County did not follow the statewide trend, with 65.9% voting against it.
According to an implementation timeline released by the Missouri Department of Health and Senior Services’ Division of Cannabis Regulation, recreational cannabis may be available at dispensaries starting Feb. 6, if a license has been approved.
Trinity, a medical marijuana dispensary in Salem, has announced the sale of recreational cannabis starting Feb. 6.
Marijuana has been federally illegal for decades, often carrying stiff penalties for possession, transport and cultivation of the plant. Many states also had their own laws on the books to prosecute marijuana possession. Amendment 3’s passing marks a significant reduction in how marijuana is regulated in the state, but it is important to understand how to remain on the right side of the law if you choose to use recreational or medical cannabis.
A brief for law enforcement prepared by Dent County Prosecuting Attorney Andrew Curley and assistant prosecutor James Weber outlines the changes that come with the new law, as well as how it affects the medical marijuana program.
AMENDMENT 3 AND YOU
According to the brief, the new law includes protections for marijuana users, as well as restrictions, some of which remain unchanged.
Adults 21 and over can now purchase up to three ounces of marijuana per transaction. Adults may also apply to the state for a cultivator license, which will be granted unless good cause is shown to deny it. Cultivation of plants must take place out of sight of the public, or cultivators may face a penalty of up to $250 and be forced to surrender the plants. Repeat offenses can raise the crime to a misdemeanor on the third violation.
Distribution of marijuana from an adult to a minor remains a crime. If a minor possesses, uses, ingests, inhales, transports or delivers marijuana, they will be forced to forfeit the marijuana and will be subject to a fine of up to $100.
Marijuana is not to be consumed in public under the new law, unless a place is specifically designated for marijuana use. Unless an employer allows it, the law does not allow users to consume cannabis at work. Employers have the authority to prohibit marijuana use at work, and to keep employees from working under the influence. Cannabis may be prohibited on private property by the owner.
AMENDMENT 3 AND LAW ENFORCEMENT
The new law also brings changes to law enforcement and court systems.
If conducting a search for marijuana, law enforcement must now determine if a subject has a medical card or not. Qualifying patients who are out on bond for a criminal offense must now be allowed to use marijuana as prescribed. Drug courts and family courts must allow patients to possess and use marijuana, and marijuana use alone cannot be used against them in court.
According to the brief, “lawful marijuana use cannot be the basis for the violation of parole, probation, or any bond condition.”
The section also says that for DUI offenses, there must be evidence that the driver is impaired, beyond THC simply being present in the suspect’s system. That extra evidence may be obtained through field sobriety tests to check for impairment. The crime of operating a vehicle while under the influence remains the same. Smoking marijuana inside a vehicle while it’s being operated is also still a crime. Individuals may also be prosecuted if their use of marijuana endangers others.
People with prior marijuana offenses that would have been protected under Amendment 3 may petition the sentencing court to vacate the sentence and order their immediate release from incarceration. If a misdemeanor or felony conviction involved less than three pounds of marijuana, it will be expunged from the record.
AMENDMENT 3 AND LOCAL GOVERNMENT
Local governments may restrict the time, place and manner of dispensing marijuana, if the restrictions aren’t unduly burdensome, and comply with the amendment.
A 6% sales tax is included on recreational marijuana sales, on top of any other local sales tax. Local governments may add up to an additional 3% sales tax, if they choose to do so. There has been no announcement from city or county government in Dent County to pursue a tax. State tax revenue will go to expungement of marijuana offenses, the Missouri Veteran’s Commission, grants for drug addiction treatment and the Missouri Public Defender System.
The new law addresses the expansion of the medical marijuana program, and outlines dispensary rules, such as a requirement that dispensaries be located and operated a certain distance from daycares, schools, and churches. The law also stipulates all marijuana grown in Missouri will be sold in Missouri.
ADDITIONAL PROTECTIONS
The brief concludes by saying that unless law enforcement suspects an individual is operating a vehicle under the influence, the odor of marijuana and marijuana containers will not constitute probable cause for a search or arrest. It also says public assistance benefits and parental rights will not be denied for lawful use of marijuana.
AMENDMENT 3 AND FEDERAL LAW
Though Missouri is hardly the first state to legalize recreational or medical marijuana, the substance remains federally illegal, which leaves many in a state of limbo. Legally, federal law trumps state law, but in the case of marijuana, the federal law seems to be becoming more unenforceable as an increasing number of Americans decide to use state-legal cannabis. There are, however, some situations in which federal law might cause a complication for Missouri residents who use cannabis.
For example, any federally owned land is under the jurisdiction of federal law enforcement, who will still arrest and charge individuals found to be consuming or in possession of marijuana.
Firearm possession is another area in which federal law and state law fail to meet. Although marijuana has little to no effect on simple gun ownership in Missouri, federally licensed dealers are under the authority of the Federal Bureau of Alcohol, Tobacco, and Firearms. When an individual buys a gun from a federally licensed dealer, they are required to submit an ATF form for a background check. The form asks applicants if they are an unlawful user of, or addicted to marijuana, or any depressant, stimulant, narcotic drug or any other controlled substance. It also warns applicants that the use or possession of marijuana remains federally illegal regardless of the legal status of their individual state. Lying on this form is a felony. Admitting to marijuana use would likely result in the background check being flagged, and the firearm sale denied. This issue remains regardless of a patient’s medical card status.
Prosecutor Curley commented on the discrepancy.
“The argument would be that federal law supersedes state,” he said. “The uncertainty is created because the feds are keeping a law on the books they rarely enforce and that conflicts with 20 other states, while retaining the authority to control firearm purchases involving FFL dealers and the like.”
Medical patients have been able to purchase marijuana in Missouri for some time. However, so far, Curley says he hasn’t seen any steps taken federally to prevent Missouri residents who use cannabis from owning a firearm.
“I have seen no action from feds or ATF in that regard. I don’t anticipate it, but it’s a decision I’m not involved in,” he said. “Would a delay (in your background check) surprise me if someone answered that question, that they are addicted to one of those substances? I suspect you’d get delayed, at the least.”
Curley said the exact wording of the form’s question might provide a legal argument for the defendant, should the ATF or another federal agency choose to enforce the federal law.
“I know people have asked this question regularly, and I think how that language is parsed out is important. The addiction part of it is one. Can you be addicted to marijuana? These are interesting questions.”
Curley said that the issue remains uncertain.
“There’s not a complete, consistent message that’s being put out,” he said. “They basically have just said it’s still illegal. I have not personally seen somebody prohibited (from owning a firearm), that would surprise me. How are people answering that question on the background check? I’m sure they’re saying no, they’re not addicted or an unlawful user, and I think there’s a legal nuance there that can be argued. Whether it will ever get to that point, I don’t know.”
THE ROAD AHEAD
As government entities, law enforcement and dispensaries make the switch to legal, recreational marijuana, there are growing pains. Curley’s brief calls the amendment “a substantial modification of a pre-existing law.” State agencies have been working to figure out how to accommodate the influx of expungements. The Missouri Independent reported in a Dec. 7 article that state agencies are unsure if they’ll be able to meet the expungement deadlines outlined in the amendment.
City of Salem Police Chief Joe Chase has concerns about the way the law was implemented, and the effect it will have on the community. He believes the public hasn’t been told the whole truth about marijuana.
“Smoking marijuana is horrible for people with blood pressure issues. It causes your blood pressure to spike extremely high,” according to Chase.
“With these pure strains, genetically modified, you’re getting THC counts that are way high in the double digits. The THC count in say, 1969 Woodstock pot, might be a six or a seven. Now, you have plants that are producing THC counts in the 50s, 60s, and 70s, and when they do concentrate, like dab, shatter, or wax, you have THC content that is in the 90s. You start utilizing that type of concentration, you can get drug-induced psychosis. People say you can’t overdose on marijuana. You absolutely can, and that’s what it looks like. It comes in the form of drug-induced psychosis.”
Chase says he predicts an increase in crime and child THC poisonings (specifically from unattended edibles) as recreational cannabis becomes more common.
“The people who want this so badly, they won’t say anything negative about (marijuana). They don’t talk about the dangers to youth.”
He wants the public to understand the risks, and to take great care to be responsible while consuming the substance.
“Salem doesn’t offer any type of public use area, anywhere. If an establishment allows smoking, there is not a provision (to allow smoking marijuana). Don’t smoke it on a street corner, don’t smoke it while you’re driving, if you want to utilize that, you need to utilize it in the privacy of your own home. Keep to yourself, mind your own business kind of stuff. We’re already seeing cases of driving drugged, marijuana influence. It’s like anything else, it requires a lot of responsibility.”
