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Cannabis in Missouri

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Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

Medical use was legalized through the passage of a 2018 ballot measure by a 66–34 margin. The first licensed sales began in October 2020.

State level reforms

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Partial decriminalization (2014)

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In May 2014, Senate Bill 491 was enacted which reduced penalties for certain cannabis offenses. In particular, it eliminated the threat of jail time for first-time possession of up to 10 grams.[1] The bill also reduced penalties related to the sale and cultivation of cannabis, and eliminated the ban on probation or parole for third-time drug felony convictions.[2] It passed the Senate by a 29–2 vote and the House 140–15, then became law without receiving the signature of Governor Jay Nixon.[3] SB 491 did not take effect until January 2017.[2]

Although penalties for cannabis were reduced under SB 491, possession of small amounts was still treated as a misdemeanor crime. For this reason the National Organization for the Reform of Marijuana Laws considered Missouri to only have partially decriminalized cannabis.[4]

CBD oil legalized (2014)

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In July 2014, Governor Nixon signed into law House Bill 2238 – the Missouri Medical Marijuana Bill – to legalize the use of CBD oil to treat persistent seizures. The legislation "allows the Department of Agriculture to grow industrial hemp for research purposes and allows the use of hemp extract to treat certain individuals with epilepsy". A neurologist must determine that the epilepsy does not respond to at least three treatment options in order for a person to be eligible. HB 2238 only allows hemp extract that contains at least 5% cannabidiol (CBD) and no more than 0.3% tetrahydrocannabinol (THC).[5]

In February 2015, the state issued licenses to two non-profits to grow cannabis to produce the oil.[6]

Medical cannabis legalized (2018)

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In November 2018, Missouri residents approved with 66% of the vote a ballot measure (Amendment 2) to legalize the medical use of cannabis. The measure allows qualified patients to grow up to six cannabis plants and purchase an amount of cannabis per month to be determined by state regulators (required to be at least 4 ounces).[7] The measure set a 4% tax rate on medical cannabis sales with proceeds to be earmarked for services for military veterans.[8] Although several qualifying conditions are specified, the law additionally allows cannabis to be recommended for any "chronic, debilitating or other medical condition" for which a physician determines there would be a benefit, as well as for any terminal illness.[9]

Also on the ballot with Amendment 2 were two other medical cannabis initiatives that were defeated. Amendment 3 contained a narrower set of qualifying conditions, a higher tax rate of 15 percent, and would not have allowed home cultivation. It failed with 32 percent of the vote.[7] A third measure, Proposition C, was a statutory change as opposed to a constitutional amendment. It set a two percent tax rate and also contained no home grow provision.[8] It failed with 44 percent of the vote.[7]

The first licensed sales of medical cannabis occurred on October 17, 2020.[10][11] By this time there were 192 licensed dispensaries in the state, most of which were expected to open by the end of the year.[12]

Recreational cannabis legalized (2022)

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Main article: 2022 Missouri marijuana legalization initiative

On August 9, 2022, Secretary of State Jay Ashcroft announced that an initiative would appear on the November 2022 ballot to legalize cannabis for recreational use.[13] Designated as Amendment 3 on the ballot, the initiative sought to:[14][15]

  • allow adults 21 and over to possess up to three ounces of cannabis
  • allow home cultivation of six flowering cannabis plants, six nonflowering plants, and six clones for registered individuals who pay a $100 annual fee[16]
  • allow the sale of cannabis at dispensaries licensed by the state with a 6% sales tax imposed
  • divide tax revenue up between expunging non-violent cannabis offenses, providing healthcare for veterans, providing substance abuse treatment, and funding the state's public defender system
  • allow local governments to assess a sales tax of up to 3%

On November 8, 2022, Missouri voters approved Amendment 3 by a 53–47 margin.[17] Possession of cannabis for adults 21 and over became legal on December 8, 2022.[18] The first licensed sales of recreational cannabis occurred on February 3, 2023.[19]

Municipal level reforms

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Columbia (2004)

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In November 2004, a ballot measure to decriminalize cannabis in Columbia passed with 61% of the vote.[20] The measure stipulated that possession of up to 35 grams was to be processed in municipal court as a non-criminal offense, punishable by a maximum fine of $250.[20] Also passed with 69% of the vote was an initiative to allow the use of cannabis with a physician's approval.[21]

A year earlier, in April 2003, a ballot measure to decriminalize cannabis in the city failed with 42% of the vote.[22]

Springfield (2012)

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In August 2012, the city council of Springfield voted 6–3 to enact (rather than let go to ballot) a citizen-led petition to decriminalize small amounts of cannabis.[23][24] It was then repealed one month later, however, in effect blocking the proposal (which had obtained the requisite number of signatures) from appearing on the ballot.[25][26] Since city council did not have this explicit power, organizers of the petition denounced the council's actions which they deemed to be illegal.[27] A lawsuit was filed in federal court, and in April 2015 the city settled with the petition originators in the amount of $225,000.[28]

St. Louis (2013)

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In April 2013, the St. Louis Board of Aldermen voted 22–3 to allow police to cite individuals instead of arresting them for small amounts of cannabis. Cited persons would be processed in municipal court (instead of state court) and subject to a fine in the range of 100 to 500 dollars. The law went into effect in June 2013.[29]

Penalties were further reduced in February 2018 when the Board of Aldermen voted 24–0 to set a $25 fine for possession of up to 35 grams.[30][31]

Kansas City (2017)

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In April 2017, Kansas City residents approved with 75% of the vote a ballot measure to decriminalize up to 35 grams of cannabis.[32] The measure eliminated the threat of jail time and reduced the penalty to a $25 fine.[33] The penalty was later eliminated in July 2020 by a 9–4 city council vote.[34][35]

St. Louis (2021)

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In November 2021, the St. Louis Board of Aldermen voted 23–0 to allow the possession of up to two ounces of cannabis and the cultivation of six plants under city law. The bill also prevents "adverse employer actions based on a positive drug test" for city employees who are medical cannabis patients and prohibits police from using the sight or smell of cannabis as the sole basis for police to stop someone.[36][37]

Implementation of reforms

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Medical

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Medical licenses

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After medical cannabis was legalized with Amendment 2, the scoring system used to award licenses was criticized. Some applicants received a score of zero for lengthy responses to questions, while others received different scores for similar answers. The state awarded the minimum number of licenses required by Amendment 2, causing many applicants to not get a license despite high scores.[38] Many lawsuits were filed, with an unsuccessful challenge arguing the cap on licenses violated the right to farm in the state constitution.[39] The FBI began an investigation into the awarding of licenses as part of a larger investigation into corruption around cannabis licenses in various states.[40] Additionally, the state auditor launched an investigation into the awarding of licenses.[41]

In response to lawsuits and investigations, the state awarded some additional licenses to applicants who were previously denied.[42]

Recreational

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Taxes

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During the April 4, 2023 election, many counties and cities in Missouri approved the additional sales tax on recreational cannabis of 3%.[43][44] It was initially unclear if city taxes and county taxes will stack.[45] After many of the sales taxes went into effect that October, dispensaries sued to prevent stacking of city and county taxes. Amendment 3's drafters supported the position that taxes cannot stack, while the state's cannabis regulatory agency initially said the taxes could not stack before retracting their statement and offering no guidance.[46][47] In May 2024, a Missouri district court ruled that cities and counties can both tax recreational cannabis.[48]

After voters passed the 3% tax increase in St. Louis, the city missed an administrative deadline, causing lost revenues of around $500,000. St. Louis filed the paperwork to begin collecting the tax in January 2024.[49][50]

2023 Recall

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In August 2023, the state recalled over 60,000 cannabis products (including vape cartridges, edibles, and prerolls) manufactured by Delta Extraction LLC.[51] No adverse reactions were reported due to use of recalled products.[52] The recall stems from use of hemp-derived THC produced from sources outside Missouri, causing uncertainty regarding testing of harmful chemicals.[53] Delta Extraction sued the state, arguing they created the products safely and that the state's cannabis regulatory agency did not have the authority to regulate hemp-derived THC.[54][55]

Microbusinesses

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In addition to normal cannabis business licenses, Missouri has a category of licenses designed for disadvantaged communities. These communities include low-income, those who have previous cannabis arrests, and disabled veterans.[56] Rather than being awarded by a scoring system similar to how medical licenses were first awarded, these microbusiness licenses are awarded by lottery.[57] Licenses are for dispensaries and wholesale facilities, which are able to grow 250 flowering plants. The first 48 microbusiness licenses were awarded from a pool of over 1,000 applicants in October 2023, with further rounds in 2024 and 2025. Each round of licensing includes two dispensaries and four wholesale facilities per congressional district.[58][59]

Critics of the microbusiness licenses argue that the licenses will further limit minority entrepreneurship.[60] The awarding of licenses was also criticized as some awardees were representatives from out-of-state companies who used eligible people to apply on their behalf. Some companies were awarded multiple microbusiness licenses.[61] In response to these allegations, the state revoked 11 of the 48 awarded licenses in December 2023.[62] Reporting from the Missouri Independent describe cannabis businessman John Payne's involvement in Missouri's micro-business applications as possibly "predatory" in nature.[63]

References

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  1. ^ "Missouri Becomes 19th State To Decriminalize Marijuana Possession". Marijuana Policy Project. May 16, 2014. Retrieved March 26, 2019.
  2. ^ a b Vallone, Noemi; Howell, Eden (December 29, 2016). "Marijuana law in Missouri eases up with the new year". Columbia Missourian. Retrieved March 26, 2019.
  3. ^ "Missouri: Sentencing Reform Measure Reduces Marijuana Possession Penalties". NORML. May 8, 2014. Retrieved March 26, 2019.
  4. ^ "Executive Summary". NORML. Retrieved April 19, 2019.
  5. ^ "Proposed Medical Marijuana Legislation in 2014". ProCon.org. Archived from the original on April 17, 2019. Retrieved March 27, 2019.
  6. ^ Moon, Melanie (February 24, 2015). "Cannabis oil to be sold in Missouri legally". KTVI. Retrieved November 3, 2016.
  7. ^ a b c Angell, Tom (November 6, 2018). "Missouri Votes To Legalize Medical Marijuana". Forbes. Retrieved March 27, 2019.
  8. ^ a b Marso, Andy (November 6, 2018). "Missouri voters approve medical marijuana with a constitutional amendment". The Kansas City Star. Archived from the original on November 7, 2018. Retrieved March 27, 2018.
  9. ^ Sullum, Jacob (November 6, 2018). "Missouri Becomes the 32nd Medical Marijuana State". Reason. Retrieved March 27, 2019.
  10. ^ Bogan, Jesse (October 19, 2020). "Medical marijuana sales begin in St. Louis County; patients line up at two licensed dispensaries". St. Louis Post-Dispatch. Retrieved October 23, 2020.
  11. ^ "Long lines as Missouri medical marijuana dispensaries open". Associated Press. October 18, 2020. Retrieved October 23, 2020.
  12. ^ Angell, Tom (October 17, 2020). "Missouri Launches Medical Marijuana Sales At State's First Dispensaries". Marijuana Moment. Retrieved October 23, 2020.
  13. ^ Suntrup, Jack (August 9, 2022). "Missouri voters to decide whether to legalize marijuana in November". St. Louis Post-Dispatch. Retrieved November 7, 2022.
  14. ^ Jaeger, Kyle (November 7, 2022). "Missouri Voters To Decide On Marijuana Legalization Initiative". Marijuana Moment. Retrieved November 7, 2022.
  15. ^ Phillips, Kynala (August 16, 2022). "Recreational weed is on Missouri's ballot. Your questions about Amendment 3, answered". The Kansas City Star. Retrieved November 7, 2022.
  16. ^ Cross, Greta (January 7, 2023). "Applications for personal marijuana cultivation licenses in Missouri are now available". Springfield News-Leader. Retrieved January 16, 2023.
  17. ^ Kellogg, Sarah (November 9, 2022). "Missouri voters approve Amendment 3, legalizing recreational marijuana". St. Louis Public Radio. Retrieved November 11, 2022.
  18. ^ Salter, Jim; Hollingsworth, Heather (December 8, 2022). "Marijuana now legal in Missouri, but you can't buy it yet". Associated Press. Retrieved January 16, 2023.
  19. ^ Ballentine, Summer (February 3, 2023). "Legal recreational pot sales begin for Missouri adults". Associated Press. Retrieved February 3, 2023.
  20. ^ a b Moore, Dave (November 3, 2004). "Marijuana measures pass handily". Columbia Daily Tribune. Archived from the original on January 1, 2015.
  21. ^ DiStefano, Luke (November 3, 2004). "Both pot propositions pass by a large margin". Columbia Missourian. Archived from the original on November 17, 2004.
  22. ^ Willett, Justin (April 9, 2003). "Voters smoke pot proposal". Columbia Daily Tribune. Archived from the original on September 15, 2015. Retrieved March 26, 2019.
  23. ^ Bridges, Amos (August 27, 2012). "Council plans changes for marijuana law". Springfield News-Leader. Archived from the original on October 31, 2012. Retrieved March 26, 2019.
  24. ^ Landis, Mike (August 28, 2012). "Springfield city council will consider changes to pot decriminalization ordinance". KYTV. Archived from the original on August 2, 2013. Retrieved March 26, 2019.
  25. ^ "End Of Democracy Watch: Springfield, Missouri". Marijuana Policy Project. September 25, 2012. Retrieved March 26, 2019.
  26. ^ Rollins, Jess (May 2, 2014). "Dispute has been brewing since 2012". Springfield News-Leader. Retrieved March 26, 2019.
  27. ^ Webster, Stephen C. (September 25, 2012). "Missouri pot activists may sue after Springfield re-criminalizes marijuana". Raw Story. Retrieved March 26, 2019.
  28. ^ Rollins, Jess; Iseman, Dave (May 1, 2014). "Least costly way out of a suit? Or a $225,000 mistake?". Springfield News-Leader. Retrieved March 26, 2019.
  29. ^ Pistor, Nicholas (April 16, 2013). "Reduction in marijuana penalties approved by St. Louis Board of Aldermen". St. Louis Post-Dispatch. Retrieved March 26, 2019.
  30. ^ Bott, Celeste (March 19, 2018). "Only one marijuana bill makes it through St. Louis Board of Aldermen's session". St. Louis Post-Dispatch. Retrieved March 26, 2019.
  31. ^ Fenske, Sarah (March 20, 2018). "Get Busted with Marijuana in St. Louis, Pay a $25 Fine". Riverfront Times. Archived from the original on March 27, 2019. Retrieved March 26, 2019.
  32. ^ Strekal, Justin (April 4, 2017). "KC NORML Successfully Decriminalized Marijuana in Kansas City". NORML. Retrieved March 26, 2019.
  33. ^ Cummings, Ian (April 4, 2017). "KC voters approve lower penalty for pot possession: $25 fine and no jail". The Kansas City Star. Archived from the original on March 31, 2019. Retrieved March 26, 2019.
  34. ^ Kite, Allison (July 9, 2020). "Kansas City won't punish marijuana possession after Council strips it from city code". The Kansas City Star. Archived from the original on July 12, 2020. Retrieved July 12, 2020.
  35. ^ Angell, Tom (July 9, 2020). "Kansas City Lawmakers Vote To Remove All Local Penalties For Marijuana Possession". Marijuana Moment. Retrieved July 12, 2020.
  36. ^ Jaeger, Kyle (November 23, 2021). "St. Louis Lawmakers Unanimously Approve Bill To Decriminalize Marijuana Possession And Cultivation". Marijuana Moment. Retrieved December 25, 2021.
  37. ^ Fenske, Sarah (December 20, 2021). "St. Louis police will no longer issue marijuana citations". KWMU. Retrieved December 25, 2021.
  38. ^ Hardy, Kevin; Hancock, Jason; Vockrodt, Steve (January 26, 2020). "Hundreds denied Missouri medical marijuana business licenses — and it's not clear why". The Kansas City Star.
  39. ^ "Appeals court rejects lawsuit challenging Missouri marijuana license caps". KCUR - Kansas City news and NPR. May 3, 2022. Retrieved December 21, 2023.
  40. ^ Smith, Jeff (December 17, 2021) [May 29, 2020]. "Missouri medical cannabis program moves forward amid wide-ranging probe into possible misconduct". MjBizDaily.com. Retrieved December 21, 2023.
  41. ^ Hancock, Jason (August 15, 2023). "State auditor launches inquiry into Missouri marijuana program". Missouri Independent. Retrieved December 21, 2023.
  42. ^ "Reversing decision, Missouri commission awards marijuana license to jilted applicant". KCUR - Kansas City news and NPR. January 26, 2022. Retrieved December 21, 2023.
  43. ^ "Missouri voters approve additional sales tax on recreational marijuana". KCTV. April 5, 2023. Retrieved April 5, 2023.
  44. ^ Rosenbaum, Jason (April 5, 2023). "Most St. Louis-area voters approve adding 3% sales tax on recreational marijuana". St. Louis Public Radio. Retrieved April 5, 2023.
  45. ^ "Election Results: Voters in and around Kansas City approve higher taxes on recreational marijuana". KMBC. April 5, 2023. Retrieved April 5, 2023.
  46. ^ Keller, Rudy (October 20, 2023). "Missouri marijuana dispensaries are suing over whether counties can 'stack' tax on weed sales". KCUR. Retrieved December 8, 2023.
  47. ^ Cunningham, Meg (November 20, 2023). "How much can local government tax weed? Legal fights brew over Missouri cannabis rules". The Beacon. Retrieved December 8, 2023.
  48. ^ Moment, Marijuana (May 4, 2024). "Missouri Counties And Cities Can Stack Marijuana Taxes On Top Of One Another, Judge Rules". Marijuana Moment. Retrieved May 6, 2024.
  49. ^ "Over $500K up in smoke as St. Louis misses recreational marijuana tax deadline". STLPR. November 21, 2023. Retrieved December 21, 2023.
  50. ^ "St. Louis lost about $500K in recreational marijuana sales tax because of missing paperwork". ksdk.com. November 20, 2023. Retrieved December 21, 2023.
  51. ^ "Missouri Division of Cannabis Regulation recalls more than 60K marijuana products". Yahoo News. August 15, 2023. Retrieved December 21, 2023.
  52. ^ "Cannabis recall in Missouri: Dispensaries pulling 60K products". FOX 2. August 16, 2023. Retrieved December 21, 2023.
  53. ^ Rivas, Rebecca (November 1, 2023). "Missouri rolls back part of its cannabis product recall". Missouri Independent. Retrieved December 21, 2023.
  54. ^ "After recall of Missouri marijuana products, confusion remains over company's use of synthetic THC". KCUR - Kansas City news and NPR. September 26, 2023. Retrieved December 21, 2023.
  55. ^ "Company At Center Of Missouri's Massive Marijuana Recall Threatens Lawsuit That Could Upend Regulations". Marijuana Moment. December 20, 2023. Retrieved December 21, 2023.
  56. ^ "Eligibility Criteria | Health Services Regulation | Health & Senior Services". health.mo.gov. Retrieved December 21, 2023.
  57. ^ Kaminski, Mitchell (April 25, 2023). "Detailed application process for marijuana microbusiness licenses announced". ABC17NEWS. Retrieved December 21, 2023.
  58. ^ "State issues first round of cannabis microbusiness licenses". KBIA. October 12, 2023. Retrieved December 21, 2023.
  59. ^ Evans, Dennis (October 3, 2023). "Marijuana microbusiness licenses awarded in Missouri". KMBC. Retrieved December 21, 2023.
  60. ^ Rogen, Jessica. "Missouri Announces Marijuana Microbusiness License Awardees". Riverfront Times. Retrieved December 21, 2023.
  61. ^ "Missouri NAACP Threatens Lawsuit To Stop Marijuana Social Equity Arrangements That 'Defraud' The State". Marijuana Moment. October 27, 2023. Retrieved December 21, 2023.
  62. ^ "Missouri Marijuana Regulators Say A Quarter Of Microbusiness License Winners Are Ineligible". Marijuana Moment. December 18, 2023. Archived from the original on March 3, 2024. Retrieved December 21, 2023.
  63. ^ Rivas, Rebecca (July 26, 2024). "Missouri cannabis leader accused of using 'predatory' contracts to win social-equity licenses". Missouri Independent. Retrieved July 29, 2024.
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