Missouri’s marijuana prohibition should be abolished, according to a new coalition that on Thursday launched a campaign against a pending amendment that they say doesn’t meet that end goal.
Specifically, Amendment 3 to the Missouri Constitution would remove state prohibitions on purchasing, possessing, consuming, using, delivering, manufacturing, and selling marijuana for personal use for adults over the age of 21 and require a registration card for personal cultivation with prescribed limits.
Amendment 3 also would allow persons with certain marijuana-related non-violent offenses to petition for release from incarceration or parole and probation and have records expunged; establish a lottery selection process to award licenses and certificates; issue equally distributed licenses to each congressional district; and impose a 6 percent tax on the retail price of marijuana to benefit various programs, according to the text of the proposal.
The “No On Amendment 3 – Missouri Deserves Better” campaign launched on Sept. 1 opposes the Amendment 3 measure, which has been placed on the Nov. 8 ballot, and calls for fully ending the state’s prohibition of marijuana.
The No On Amendment 3 coalition’s new website highlights support for cannabis legalization in Missouri and requests that Missouri Gov. Mike Parson include legislation filed earlier this year by Missouri State Rep. Ron Hicks (R-St. Charles) in an upcoming special session starting Sept. 6.
Hicks introduced the Cannabis Freedom Act, H.B. 2704, and the coalition wants either the Missouri General Assembly to pass the proposal in a special session, or in 2023 when the General Assembly convenes. Hicks’ bill advanced through committee earlier this year but failed to reach the House floor before the regular session adjourned.
If enacted, the bill would allow nonviolent marijuana offenders to be released from any imposed sentence; permit expungement of nonviolent marijuana offenses; prohibit disclosure of medical marijuana cardholders to the federal government; and remove marijuana from Missouri’s Controlled Substances Act.
Additionally, H.B. 2704 would allow for personal possession and use without penalty; prohibit the use of marijuana odor as probable cause for warrantless searches of private property; allow marijuana use by individuals on probation or parole; and create a system of temporary and annual marijuana business licenses, application requirements, and enforcement through the Missouri Department of Agriculture, which currently runs Missouri’s agricultural hemp program. The bill also would explicitly prohibit any cap on licenses, among several other provisions.
Tim Gilio, founder of the Missouri Marijuana Legalization Movement, a grassroots coalition with more than 65,000 members, said Amendment 3 has drawn opposition from both Republicans and Democrats all over the state, and noted that Gov. Parson has called it a “disaster.”
Missouri State Rep. Wiley Price (D-St. Louis), for example, said Amendment 3 will continue a long tradition of predatory behavior on minority and poor communities.
“Worse, this proposal will continue to punish Missourians for possession, and would put these penalties in our Constitution,” Price said. “This is extremely tone deaf in a time of criminal justice reform on this particular issue.”
Republican State Rep. Tony Lovasco (St. Charles) agreed, pointing out that the Missouri Constitution is an inappropriate place for any kind of marijuana possession or use regulation or criminal charges proposed by Amendment 3.
“Rather than settle for an ill-suited and monopolistic program shoehorned into our Constitution, the Missouri General Assembly has an unique opportunity to consider legislation that would legalize cannabis in a truly free market fashion,” said Lovasco. “I urge Governor Parson to expand the upcoming special session so that the legislature can properly implement these important reforms.”
Likewise, Americans for Prosperity Missouri Director Jeremy Cady said the group opposes any effort to put criminal or civil penalties for marijuana in the Missouri Constitution. “The General Assembly should act to end marijuana prohibition and do so in a manner that adheres to free market principles,” Cady said.
Amendment 3 developer Legal Missouri 2022 says members crafted the proposal to provide a level playing field for the cannabis industry and to promote equity via expungements, among other reasons.
The initiative has been endorsed by several advocacy organizations, including the ACLU of Missouri and all six active chapters of Missouri NORML.
“Recent polling reveals that a majority of Missouri residents are ready and eager to end their state’s failed marijuana prohibition,” NORML’s Executive Director Erik Altieri said. “That is because Missourans, like the overwhelming majority of all Americans, recognize that prohibition is a disastrous and draconian practice best cast into the waste bin of history. Voters in the Show Me State want a sensible policy of legalization and regulation, and that is why we expect that they will overwhelmingly vote ‘yes’ on this initiative this fall.”