The Missouri General Assembly 2020 session ended on May 15, 2020. Never before in recent history has Marijuana taken center stage in the legislative process with several related bills put forth this year.
While Missouri is in the final stages of rolling out our new medical marijuana program amidst a continuing license scoring controversy, state legislators could not resolve the Department of Health and Senior Services’ (DHSS) flawed licensing process by removing license caps. Instead, legislators focused more on the nuts and bolts of Article XIV implementation.
Dan Viets, Missouri State Coordinator of NORML, gives a detailed blow-by-blow rundown of the legislative session below:
Although the 2020 session of the Missouri General Assembly was interrupted for several weeks by the coronavirus pandemic, the amount of legislative activity relating to marijuana was greater than in most recent years. MO NORML was often the only voice advocating for the interests of medical marijuana patients and other cannabis consumers, as we have done for the last forty-five years.
Forcing Legislators to Use Marijuana!
Perhaps the most remarkable development of the entire 2020 session was an amendment offered by Republican Representative Andrew McDaniel on May 7 to require all legislators, before entering the House or Senate chambers, and before voting on any issue, to consume a substantial amount of medical marijuana! This proposal did not pass this year, but, like many other good ideas, it may gain additional support as time passes. This idea places Missouri firmly on the cutting edge of marijuana law reform efforts across the nation!
Implementing Article XIV!
Among the bills which did pass this year were House Bills 1682 and 1896, which contain nearly identical provisions relating to implementation of Article XIV. Article XIV requires that those who own or work for any medical marijuana commercial facility undergo a criminal background check. HB 1682 and1896 will assist the FBI in cooperating with state authorities in conducting such checks. The passage of HB 1682 and1896 are strong indications that the Missouri General Assembly does not intend to obstruct the implementation of Article XIV.
Medical Marijuana Telehealth Visits are Legal!
Bills were introduced earlier in the session which would have banned the use of “telehealth” visits for patients who wish to qualify under Article XIV. However, the advent of the coronavirus pandemic brought into sharp focus how important telehealth visits are.
Far from banning such procedures, HB 1682 and 1896 establish that telehealth visits are both legal and appropriate for medical marijuana certification. The bill adds applying for medical marijuana patient status to the list of authorized telehealth visits. It requires the same procedures for medical marijuana patients as are required for any other video consultation with a physician.
Not Banning Edibles!
HB 1682 and HB 1896 also contain language which was a compromise in regard to a proposal which could have banned medical marijuana edibles completely. The bills restrict only the form of edibles, prohibiting any such products in the form of an animal, human or fruit and requiring reasonable labeling of edibles as containing THC for medical purposes.
Repealing Caps on Med MJ Licenses!
Amendments which would have removed the caps on the number of commercial medical marijuana licenses issued by the DHSS passed the Missouri House, twice! DHSS chose to begin the implementation of the commercial parts of Article XIV with the minimum required number of licenses for cultivation, manufacturing and dispensing. The Department has never declared that this would be the final number of licenses issued.
MO NORML worked hard to support these. MO NORML hand delivered letters to the office of each member of the Missouri House and Senate urging support for bills containing these amendments.
More than 800 unsuccessful applicants for commercial medical marijuana licenses have filed appeals arguing that the scoring process was fundamentally flawed. A Committee of the Missouri House held hearings this session at which Dr. Randall Williams and Mr. Lyndall Fraker of DHSS were forced to explain and defend the process. The Committee has requested a large number of documents and records relating to the issuance of licenses and the scoring of applications.
The amendment, which was offered by a conservative Republican Representative from southwest Missouri, Ben Baker, would have required a license go to all qualified applicants. (DHSS itself has chosen to issue five times the minimum number of testing licenses required under Article XIV.)
The amendment was twice added to bills which came before the House during the final weeks of the session. Because these amendments passed on voice votes, there is no record of who voted for them, but it is clear that a solid majority of House members did so.
The legislature adjourned without an opportunity for either of these bills with the caps repeal to reach the floor of the Missouri Senate for a final vote, but there is no doubt that DHSS is very well aware that the Missouri House has clearly indicated its support for removing the limits on the issuance of commercial licenses. DHSS is very sensitive to what the Missouri General Assembly wants because the legislature sets the budget for DHSS and confirms the appointment of its Director. MO NORML is asking Representative Baker to refile this proposal as a separate bill for consideration in the 2021 session of the legislature.
It is costing a great deal of money for DHSS to defend against the 800+ appeals. DHSS has hired several attorneys from outside the Department to handle the massive workload.
DHSS is also aware that every dollar it spends defending appeals is a dollar which will not be available for Missouri veterans, as mandated by Article XIV. The fact that the House has twice endorsed removing limits on the number of commercial licenses issued and the fact that a tremendous amount of money will be squandered on legal fees if the appeals continue, combine to make it likely, in the opinion of this writer, that DHSS will eventually choose to issue additional commercial licenses.
Protecting Patients as Employees and as Parents!
MO NORML persuaded Representative Wiley Price of Saint Louis to file bills which would protect medical marijuana patients against discrimination in employment and as parents. We hope to have similar bills filed next session with bi-partisan sponsorship and a much greater chance of becoming law.
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Dan Viets is Missouri State Coordinator of NORML, the National Organization for the Reform of Marijuana Laws. He chairs the Board of Directors of New Approach Missouri, the campaign which authored, placed on the ballot, and supported the passage of Article XIV.