Summary

The amendment changed Article XIV of the Missouri Constitution which legalizes medical marijuana. Amendment 3 makes some key changes to the original Article XIV that passed in 2018. It also added a second section which amended the Missouri Constitution to remove state prohibitions on the purchase, possession, consumption, use, delivery, manufacture, and sale of marijuana for personal use for adults over the age of twenty-one.

The amendment also allows individuals with certain marijuana-related offenses to petition for release from prison or parole and probation and provides for past records to be automatically expunged; along with imposing a six percent tax on the retail price of recreational marijuana.

Changes to medical marijuana

Amendment 3 adds definitions for "Church" and "Daycare". These definitions effect the provisions in Article XIV regarding geographic location of marijuana businesses.

It also adds definitions for "Infused Preroll" "Preroll" and "Medical Facility". These added definitions are largely to make language in the amendment more clear

It also adds a definition for "Nurse Practitioner" because they will now be able to recommend marijuana for medical purposes in addition to doctors

It adds a definition for "Owner" to limit requirement within the amendment to individuals with 10% or greater interest in a licensed facility

It adds a definition of "unduly burdensome" so that rules and ordinances related to this amendment cannot cost too much money, time or other resources. It is a protection for marijuana business owners.

Subsection 3 changes the selection process from a numerically scoring method to a lottery selection method.

Subsection 3 (2) (g) also preempts the state from regulating advertising and promotion of marijuana in ways other than ways comparable to alcohol sales

Two other protections for business owners in Subsection 3 are the ability to withhold certain information from Sunshine Law requests (Subsection 3 (5)) and the ability for an individual to own 10% of each of the total number of marijuana cultivation facilities (current minimum is 1 in every 100,00 residents), dispensary facilities (currently limited to 192), and marijuana-infused products facilities (current minimum is 1 in every 70,000 residents). (Subsection 3 (8), (9) and (10)). That means one person could own 33 marijuana licenses as of 2022 (more once microbusinesses licenses are issued, see Section 2, Subsection 4 (9), (10), (11)).

Subsection 3 also has protections for qualifying patients including extending the amount of time a card is valid (to three years) and reducing the cost for a card (to $50). Additionally, the amount of marijuana a qualifying patient can purchase in a 30 day period is increased to 6 ounces.

In subsection 4, the proposed amendment changes how much of the tax for medical marijuana can be kept by the Department of Revenue (to 2 %) and adds a way for marijuana owners to deduct expenses from their Missouri Income Tax.

In subsection 5, the proposed amendment opens the medical marijuana program to non-residents. It does add some protections for consumers relative to medical marijuana use while on probation and parole. It also provides protection for medical marijuana use in custodial or parental rights proceedings.

Subsection 7 adds protections for consumers regarding violations and states that evidence of offense cannot be solely based on THC or THC metabolites in a person's system. The proposed amendment would remove a requirement that business owners need to establish residency in Missouri for 1 year.

Subsection 8 is added to state that every part of section 1 would remain in full effect if marijuana is legalized federally unless it is specifically preempted by federal law.

Section 2 proposes to legalize possession and cultivation of marijuana for people over 21 as of December 8, 2022. Most of the definitions in subsection 2 are similar to Section 1 with the addition of "Local Government" (which applies to the ability to implement an additional 3% tax) comprehensive and microbusinesses definitions.

Subsection 3 outlines limitations to legalization including purchase, possession, and consumption by people younger than 21. It also outlines restrictions on driving while impaired. Employers may want to read (3) regarding employees under the influence of marijuana.

Subsection 4 is particularly lengthy and takes 7 of the 38 pages of the proposed amendment. It names the department of Health and Senior Services as the department to regulate marijuana without naming a specific department or agency within HSS. It sets details regarding application timelines and guidelines for comprehensive businesses, microbusinesses and personal cultivation. It creates a position in the department of Chief Equity Officer.

Subsection 5 describes the process a local community can go through to opt out of non-medical marijuana sales. It specifies that a vote must happen in the November election of a Presidential election year (first opportunity would be November 2024), the specific ballot language and that it must pass at 60%. It goes on to say that a community can opt back in with a vote of 50%. It gives local government the authority to make geographic proximity to schools, churches and daycares less restrictive. It also gives local government the authority to regulate time, place and manner of operation for marijuana businesses, and consumer use in public.

Subsection 6 sets the state tax rate for non-medical marijuana sales at 6% and sets up a "Veterans, Health, and Community Reinvestment Fund".

Subsection 7 prohibits search and seizure based on smell alone and outlines certain law enforcement procedures and reporting requirements.

Subsection 8 allows for additional legislation that doesn't conflict with the amendment

Subsection 9 adds additional restrictions to the marijuana industry

Subsection 10 outlines civil penalties for violations between 3 ounces and 6 ounces. It does not change current law regarding marijuana violations over 6 ounces. This subsection also establishes a timeline for expungements.

Subsection 11 proposes to restrict interstate commerce in the event of federal legalization to the extent allowed by law.