Updates

Missouri's 2020 legalization ballot effort comes to an end



Last update: April 23, 2020







Earlier this year, Missourians for a New Approach emerged as the leader of an effort to pass an adult-use marijuana legalization ballot initiative in Missouri. Despite the campaign’s impressive progress in a short time, signature gathering efforts were ultimately halted due to the COVID-19 pandemic. Though disappointed, campaign leaders have vowed to build on the foundation of grassroots support and redouble efforts to end marijuana prohibition at the next available opportunity — most likely in 2022.



Thankfully, Missouri’s medical marijuana program, established by a voter-approved constitutional amendment in 2018, appears to be on track to have medical marijuana available for patients by this summer. Regulators are allowing doctors to conduct medical marijuana assessments via telehealth, and over 40,000 Missourians have already registered as medical marijuana patients.



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Missouri approves Amendment 2 to legalize medical marijuana

On Election Day 2018, Missourians voted to pass Amendment 2 with 65.5% support. Many local medical marijuana advocates and national organizations, including MPP, endorsed Amendment 2. With its passage, the right of Missouri patients to safely access medical marijuana was officially enshrined in the state constitution.

With a physician’s approval, a patient may qualify for medical marijuana if they have been diagnosed with any of the following conditions:

Cancer

Epilepsy

Glaucoma

Intractable migraines unresponsive to other treatment

Conditions that cause persistent pain or muscle spasms, including MS, Parkinson’s disease, and Tourette’s syndrome

Debilitating psychiatric disorders such as PTSD

HIV or AIDS

A chronic medical condition normally treated with prescription medication that can lead to dependence, when a physician determines that medical marijuana could be an effective and safer treatment

Any terminal illness

Hepatitis C

ALS

Inflammatory bowel disease

Crohn’s disease

Huntington’s disease

Autism

Neuropathies

Sickle cell anemia

Alzheimer’s disease

Cachexia

Wasting syndrome

Home cultivation is permitted for caregivers and qualified patients who apply for and receive a cultivation card. Each cardholder may grow up to six plants.

Current marijuana laws in Missouri

Medical marijuana is legal for registered patients. Voters approved Amendment 2 in 2018 to establish a medical marijuana program.

Marijuana possession has been decriminalized. Legislation was approved in 2014 to decriminalize the possession of 10 grams or less of cannabis. Possession of 10 grams or less is punishable by a fine only, but the offense remains a criminal misdemeanor. The possession of greater quantities of cannabis remains punishable by jail time.

Cultivation for non-patients remains illegal. Cultivating 35 grams or less is a Class E felony, which is punishable by up to four years of imprisonment and a maximum fine of $10,000. Cultivating 35 grams or more is a Class C felony, which is punishable by a sentence of three to 10 years imprisonment and a fine of $10,000.

Timeline of marijuana reform in Missouri

2008: In Missouri v. Cox, the state Court of Appeals affirmed a lower court’s rejection of a patient’s medical necessity defense because the legislature had already expressed its intent by placing marijuana in Schedule I, even though statute allowed the dispensing of Schedule I substances by certain professionals.

2014: Gov. Jay Nixon signed into law the Missouri Medical Marijuana Bill, allowing the use of CBD oil to treat persistent seizures.

Lawmakers enacted SB 491, decriminalization legislation that reduced penalties for those possessing up to 10 grams of marijuana. A first offense is punishable as a class D misdemeanor (an infraction) and carries a fine of $250-$1,000 with no jail time.

2015: Missouri issued licenses to two non-profits to grow cannabis for oil to be sold to patients.

2017: Kansas City voted to reduce the penalties for simple possession of marijuana, amending local laws regarding the possession of up to 35 grams of marijuana for adults age 21 and older from a criminal misdemeanor to a civil offense punishable by a $25 fine.

2018: Voters passed Amendment 2, legalizing medical marijuana in Missouri.

2020: Missourians for a New Approach submit petition language and begin signature gathering campaign but are ultimately forced to stop due to the COVID-19 outbreak.

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