Recreational weed will soon be legal in Missouri after voters approve Amendment 3 — so when will you be able to pick up some legal gummies, and when will your record be cleared of past weed charges? Although voters have already spoken – 53.1% voted yes and 46.9% voted no – the amendment won’t actually take effect until December 8. Therefore, none of the provisions will come into effect until next month. And, it will be a little longer before you can actually buy weed from dispensaries. Here’s a breakdown of how legalization will play out in Missouri.
When can you start buying legal weed?
The earliest Missourians can purchase recreational marijuana products is February 6, 2023.
Who can get a license to sell weed in Missouri?
Missouri legalized medical marijuana in 2018. Businesses that have become leaders in the state’s medical weed industry will be the first to receive recreational licenses. The amendment also creates a “microbusiness” licensing program for small entrepreneurs and businesses. This micro business licensing program is designed to help people enter the market by selling or cultivating marijuana products on a small scale. The micro-licensing program will be reserved for entrepreneurs who meet certain financial or location criteria or come from families or communities historically affected by marijuana prohibition.
Business owners will be disqualified from selling or producing weed if convicted or found guilty of a felony. The Missouri Department of Health and Senior Services is responsible for overseeing the new industry and licensing process.
Now, what happens to people’s past haying charges and criminal records?
The amendment also calls for the automatic elimination of nonviolent marijuana charges. Excluding the records means the court will seal the criminal charges so they are no longer public. However, according to the Missouri Bar, records can still be unsealed with a court order.
Anyone charged with non-violent marijuana possession and not currently incarcerated, except for charges of driving under the influence or selling weed to minors, will have their record reviewed by the courts and expunged by June 8, 2023. Removals are based on the severity of the case, so less serious cases will be removed first, according to John Paine, a spokesman for the group that supports Amendment 3. Publishing those records could affect thousands of people’s access to jobs, housing, and wages. Deportation does not apply to persons charged with violent crimes or whose crimes involved distribution to a minor or driving under the influence of marijuana.
What about people in jail or prison for weed?
Those still incarcerated will not automatically have their charges dismissed. However, people with non-violent charges will be able to petition to be released from prison, or jail, or removed from parole and probation and have their records expunged.
What Changes for Medical Marijuana Patients?
Amendment 3 would extend the eligibility period for medical marijuana cards issued by the Department of Health and Senior Services. Currently, medical marijuana cards are good for one year, but now they will be good for three years. The cost of a medical marijuana card will also remain at $25. Also, more health professionals, including nurse practitioners and physicians, will be able to certify people for the medical marijuana program. The same will be true for patient cultivation cards, which allow patients to grow weed in their own homes. The farm card currently lasts for one year, but now the card will be valid for three years. The cost of securing a cultivation card will also be cut in half, making it just $50 instead of $100.
The amendment would expand the amount of weed that medical patients can buy from four ounces of dried marijuana flower (or its equivalent) to six ounces of weed each month. There will also be more protections for patients who are worried about their jobs or custody of their children. “We thought these were some important changes that we needed to make sure that patients are safe. They shouldn’t be penalized by any of these procedures for using what they medically need,” said John Payne, a spokesman for Legalmo, the campaign that pushed for the ballot initiative.
If weed were legal, would you be able to smoke in public?
According to Amendment 3, smoking will be prohibited in places where smoking is prohibited. Smoking in public in a designated smoking area will result in civil penalties and a fine of not more than $100. This change would make it so that the violation would be civil rather than criminal, and it would reduce the charge for smoking in public. Marijuana users may not consume or possess marijuana on the grounds of any public or private school (preschool through higher education) or on the grounds of a correctional facility.
Will there be a legal driving limit for weed like there is for alcohol?
It will still be illegal to smoke while driving or to smoke inside any operating motor vehicle, including trains, aircraft, and motor boats. Missouri law does not specify a specific level of impairment for driving while under the influence of drugs. When someone is pulled over on suspicion of driving under the influence of drugs, the police officer will perform a set of tests to see if the driver is impaired. The officer may request that a drug recognition expert come to the scene and screen the driver for an expert opinion. However, there is no level of exposure that is being tested. A person is arrested for being impaired and unable to drive safely.