What does the Legal Missouri 2022 IP do for cannabis consumers?
The prospect of legal adult-use marijuana is better than ever in Missouri, with the success of the signature collection process for Legal Missouri 2022, a campaign that turned in over 385,000 signatures this past weekend, the proposition looks good.
Legalization has gained traction nationwide, in Missouri, specifically, support for adult-use marijuana polls well, ahead of the November election cycle. With measures in the legislature drawing their last breaths, operators, regulators, and Missouri residents now center their focus on Legal Missouri 2022’s proposed constitutional amendment.
With that in mind, Greenway takes a deep dive into the initiative proposal. Today we examine what the proposed constitutional amendment’s changes would mean for patients and cannabis consumers in Missouri.
The first, and most obvious change, would allow adults 21 and older to possess, consume, purchase, and cultivate marijuana in the state.
We have seen the success of adult-use cannabis in other states, with Miwestern states like Illinois and Michigan boasting billion-dollar industries and, more recently, New Mexico tallying more than $5 million in sales in the first weekend of legal sales. While a comparison of New Mexico to Missouri is not apples to apples, it’s important to note that the state houses roughly ⅓ of the total population of Missouri.
With Missouri’s current marijuana industry, we have seen job growth – with nearly 1 in 10 new jobs created in the state in 2021 coming from the marijuana industry. Meanwhile, the medical market has seen substantial growth, averaging more than $30 million per month in sales thus far in 2022.
So what can consumers expect if Legal Missouri 2022’s proposed amendment passes?
Increased accessibility
One of the overlooked parts of Legal Missouri 2022 highlights changes that would allow for nurse practitioners, in addition to physicians, to be able to certify patient eligibility for medical qualification and provide professional advice concerning marijuana treatment.
The amendment also removes the term “Missouri Resident” from the definition of “Qualifying Patient,” opening the door for Missouri to allow for out-of-state residents to apply for medical marijuana cards, additional language would also allow for reciprocity between Missouri’s Medical Marijuana Program and other state medical marijuana programs, allowing sales from Missouri dispensaries to out-of-state patients who possess a medical marijuana card, while out-of-staters would not be required to apply for a medical marijuana card, they would see many of the same benefits as Missouri residents.
The Legal Missouri 2022 proposal would also seem to ensure the ability of dispensaries to continue to operate deli-style operations, a process that has come under fire in the medical program recently, as well as to allow dispensaries to begin packing and preparing pre-rolled cannabis on-site.
The amendment would also change the patient renewal process, replacing the existing annual renewal with a three-year license. It would also reduce the fee for medical cultivators from $100 annually to $50 while increasing the base possession limit for qualified patients from 4 ounces to 6 ounces.
For caregivers, the amendment increases the number of eligible patients per caregiver from three to six, with a total limit of 24 flowering plants simultaneously.
Legal changes
The proposed amendment makes significant progress in criminal justice reform, removing “evidence of marijuana alone…” from being the basis of a search of a patient or legal user of marijuana.
Legal Missouri 2022 language also contains provisions that would remove restrictions on legal use of marijuana while on probation or parole or other forms of supervised release and ensures cannabis consumers cannot be denied eligibility in public assistance programs or public benefits based solely on legal marijuana use, unless required by federal law.
The amendment would also protect marijuana consumers participating in family court matters, and declares that use of marijuana can not be grounds to deny adoption, custody, or visitation.
Additionally, language in the amendment ensures that Missourians cannot be denied the right to keep and bear arms solely for use of marijuana.
The most striking change in terms of legal reform comes in language that provides automatic expungement for persons who were convicted, or plead guilty to, a nonviolent marijuana offense involving possession of three pounds or less of marijuana and have completed their sentence.
The language also calls for immediate termination of supervision by the department of corrections and the expungement of all government records of the case for those currently on probation or parole that meet the same criteria.
Finally, persons who meet the same standard as above, who are currently incarcerated, would be able to petition the sentencing court to vacate the sentence, order immediate release from incarceration and other supervision by the department of corrections and the expungement of all government records of the case.
The criteria for automatic expungement, termination of supervision, and petition for immediate release excludes violent offenses and those involving distribution or delivery to a minor, or any offense of operating a motor vehicle while under the influence of marijuana.
