Marijuana won big in the 2020 election as Montana, Arizona, New Jersey, South Dakota, and Mississippi approved marijuana ballot measures.
New Jersey, Arizona, South Dakota, and Montana became the newest states to legalize adult use marijuana. These additions to the growing list of legal states raised the total number of states with recreational cannabis from 11 to 15. There are now 109 million Americans living in areas where adults can use cannabis legally.
Missouri’s eastern neighbor Illinois has significantly benefited from the legalization of adult use cannabis. Officials in Illinois reported on January 4, 2021 that cannabis adult use and medical sales in 2020 exceeded $1.03 billion. Final medical cannabis sales for December haven’t been included yet in that figure.
The popularity of marijuana among American adults is gaining traction and that adds pressure for national and state legislators to reconsider the majority will of voters to end cannabis prohibition.
Some Missouri legislators have listened to the voters. As the 2021 legislative session is set to begin, both houses will consider several prefiled cannabis-related bills. Greater St. Louis NORML has compiled a list of important bills that can affect your rights as a cannabis consumer.
These bills cover topics including legalization, expungement, medical ID card certification, medical marijuana patient lodging, and the ability of citizens to file marijuana related initiative petitions.
As with any legislation submitted to the chambers for consideration, there are several steps before they can become law. Your citizen input can affect the outcome of these bills. Make sure your representatives are aware of your approval, or disapproval by contacting them.
Here’s our List of Bills prefiled and submitted in both the House (HB) and Senate (SB) as of January 5, 2021.
HB 263 – Legalization of marijuana
Sponsor: Merideth, Peter (080)
Proposed Effective Date: 8/28/2021
Last Action: 12/01/2020 – Prefiled (H)
HB 263 – This bill legalizes the possession and use of marijuana by an individual 21 years of age or older who purchases the marijuana from a licensed retail marijuana store. Possession, unlawful distribution, and manufacture of marijuana by persons under 21 years of age remains classified as criminal offenses based on the amount of marijuana involved as specified in current law. Growing, manufacturing, selling, displaying, transferring, delivering, packaging, processing, cultivating, or harvesting marijuana or marijuana products will be legal only in political subdivisions that affirmatively vote to allow such activities. This bill does not require an employer to permit or accommodate the use of marijuana in the workplace or allow driving under the influence of marijuana.
The bill does not prevent a school, hospital, detention facility or any other entity from prohibiting or regulating the possession and use of marijuana on its property. The bill creates a licensure system for the cultivation, testing, and sale of marijuana and marijuana products. It sets out the requirements for licensure, as specified in the bill. The Division of Alcohol and Tobacco Control, within the Department of Public Safety, is given the authority to develop rules and regulations for the issuance, renewal, suspension, and revocation of licenses; licensure application and renewal fees; qualifications for licensure, including security requirements for retail marijuana establishments; labeling requirements; health and safety standards; advertising restrictions; and independent testing requirements. This bill creates a tax, similar to the current cigarette tax, to be levied upon the sale or transfer of marijuana. The money from such tax shall be deposited in the General Revenue Fund.
This bill is similar to HB 1978 (2020) and HB 551 (2019).
HJR 30 – “Smarter and Safer Missouri Act,” legalize marijuana
Sponsor: Dogan, Shamed (098)
Proposed Effective Date: 8/28/2021
Last Action: 12/29/2020 – Prefiled (H)
HJR 30 – Guts the medical marijuana Amendment XIV and replaces it with an adult use legalization bill, while allows new rules to be formulated for medical marijuana.
See “Smarter and Safer Missouri Act,” for more information in our related story.
(1 of 2 related bills)
HB 501 – Disclosure of medical marijuana information
Sponsor: Schroer, Nick (107)
Proposed Effective Date: 8/28/2021
Last Action: 12/14/2020 – Prefiled (H)
HB 501 — Disclosure of medical marijuana information bill prohibits state agencies from disclosing to the federal government or any unauthorized third party a statewide list or any individual information of persons who have applied for or obtained a medical marijuana card. The penalty for violation is a class E felony.
(2 of 2 related bills)
HB198 – Disclosure of medical marijuana information
Sponsor: Ellebracht, Mark (017)
Proposed Effective Date: 8/28/2021
Last Action: 12/01/2020 – Prefiled (H)
HB 198 — This bill prohibits state agencies from disclosing to the federal government or any unauthorized third party a statewide list or any individual information of persons who have applied for or obtained a medical marijuana card. The penalty for violation is a class E felony.
HB 486 – Marijuana lodging establishment licensing system
Sponsor: Hicks, Ron (102)
Proposed Effective Date: 8/28/2021
Last Action: 12/14/2020 – Prefiled (H)
HB 486 – The department of health and senior services shall establish a statewide medical marijuana lodging establishment licensing system that will allow guests who possess a qualifying patient identification card issued under Article XIV, Section 1 of the Constitution of Missouri, or an equivalent card issued by another state, to consume medical marijuana and medical marijuana-infused products in lodging establishments and residential dwelling rentals licensed under this section.
(1 of 3 bills)
HB 546 – Expungement of marijuana offenses
Sponsor: Hicks, Ron (102)
Proposed Effective Date: 8/28/2021
Last Action: 12/17/2020 – Prefiled (H)
HB 546 – Notwithstanding any provision of law, any person who has been convicted of an offense or municipal violation relating to the possession of marijuana before August 28, 2021, and has obtained a patient identification card under Article XIV, 4 Section 1 of the Constitution of Missouri before August 28, 2021, shall automatically have such offense or violation expunged from his or her record by the court in which the person was convicted if such offense or violation occurred within the state of Missouri and was prosecuted under the jurisdiction of a Missouri associate circuit or circuit court or a municipal court.
(2 of 3 bills)
SB 190 – Creates provisions relating to expungement for certain marijuana offenses.
Sponsor: Washington
Effective Date: August 28, 2021
SB 190 – This act provides that if a person has been convicted after December 31, 1997 and before August 28, 2021, of the offense of possession of marijuana in an amount of 35 grams or less, the court has an affirmative duty to expunge such conviction from all officials records.
Beginning August 28, 2021, any person convicted of the offense of possession of marijuana in an amount of 35 grams or less shall have such conviction expunged. All official records shall be expunged by the court on the day the person is convicted.
This act is substantially similar to HB 1385 (2020) by Rep. Barbara Washington
(3 of 3 bills)
HB 408 — Expungement
Sponsor: Aldridge, Rasheen (078)
Proposed Effective Date: 8/28/2021
Last Action: 12/10/2020 – Prefiled (H)
HB 408 – This bill specifies that if a person has been or is convicted of the offense of possession of 35 grams or less of marijuana such conviction shall be expunged.
This bill is similar to HB 1385 (2020).
HB 704 – Eliminates felony possession of a controlled substance
Sponsor: Davis, Michael (056)
Proposed Effective Date: 8/28/2021
Last Action: 01/07/2021 – Read Second Time (H)
HB 704 – The offense of possession of any controlled substance except ten grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor.
SB 357 — Modifies provisions relating to medical marijuana program
participants in family court matters
Sponsor: Washington
Last Action: 1/7/2021 – S First Read
Effective Date: August 28, 2021
SB 357 – Under this act, a family court shall not prohibit a family court participant from participating in the state’s medical marijuana program, including as a term or condition of successful completion of the family court program. A participant with a valid medical marijuana certification shall not be in violation of the terms or conditions of the family court on the basis of his or her participation in the medical marijuana program. Finally, the status and conduct of a qualified patient acting in accordance with the constitutional provisions relating to medical marijuana shall not, by itself, be used to restrict or abridge custodial or parental rights to minor children in a family or juvenile court proceeding.
This act is substantially similar to HB 2723 (2020).
HB 350 – Sale of Kratom Product
Sponsor: Christofanelli, Phil (105)
Proposed Effective Date: 8/28/2021
Last Action: 12/07/2020 – Prefiled (H)
HB 350 – This bill establishes the “Kratom Consumer Protection Act”, which requires dealers who prepare, distribute, sell, or expose for sale a food that is represented to be a kratom product to disclose on the product label the basis on which this representation is made. A dealer is prohibited from preparing, distributing, selling, or exposing for sale a kratom product that does not conform to these labeling requirements.
A dealer may not prepare, distribute, sell or expose for sale a kratom product that is adulterated or contaminated with a dangerous non-kratom substance, contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% composition of the product, containing any synthetic alkaloids, or does not include on its package or label the amount of mitragynine, 7- hydroxymitragynine, or other synthetically derived compounds of the plant Mitragyna speciosa. A dealer may not distribute, sell or expose for sale a kratom product to anyone under 18 years of age.
The bill specifies penalties for a violation of the labeling requirements and allows for a person who is aggrieved by a violation of the labeling requirements to bring a cause of action for damages resulting from the violation. The bill prohibits financial institutions from refusing or terminating service to a customer or merchant because he or she is engaging in the sale of Kratom products.
This bill is similar to HB 2061 (2020).
SB 284 – Modifies provisions relating to telehealth
Sponsor: Crawford
Effective Date: August 28, 2021
SB 284 — This act modifies the definition of “telehealth” and “telemedicine” to include the use of adaptive non-static questionnaires as part of asynchronous store-and-forward technology. Such adaptive non-static questionnaires shall be sufficient to establish an informed diagnosis as though a medical interview or physical examination has been performed in person, for purposes of establishing a physician-patient relationship through telemedicine, including for purposes of prescribing any drug, controlled substance, or other treatment.
SB 321 – Modifies provisions relating to the offense of possession of controlled substances
Sponsor: Roberts
Effective Date: August 28, 2021
SB 321 — Under current law, the offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a Class D felony. The offense of possession of more than ten grams but less than thirty-five grams of marijuana or any synthetic cannabinoid is a Class A misdemeanor and possession of not more than ten grams of marijuana or any synthetic cannabinoid is a Class D misdemeanor, unless a person has previously been found guilty of an offense involving controlled substances.
This act provides that the offense of possession of flunitrazepam is a Class D felony. The offense of possession of any controlled substance other than flunitrazepam is a Class A misdemeanor and possession of not more than ten grams of marijuana or any synthetic cannabinoid is a Class D misdemeanor regardless of any prior offenses.
The Initiative Process
The initiative petition process is coming under scrutiny by legislators who wish to tighten the requirements for petition submission and signature collection. The following bills, with the exception of HB 265, are not “cannabis friendly” because they suppress citizens’ ability to bring bills to the voters as a ballot measure for an up or down vote.
SB 149 – Modifies the initiative petition process
Sponsor: Onder
Effective Date: November 9, 2022
This act requires that on each page of a proposed measure, the text of the measure shall be in 12-point Times New Roman font with one inch margins. The Secretary of State is required to collect a fee of $500 for each petition sample sheet filed with its office, with an additional $25 fee for each page that the measure exceeds ten pages. Fees shall be refunded if the measure is certified for the ballot.
The act provides that in the event of a court-ordered change to the official ballot title, all signatures gathered prior to the change shall be invalidated.
SJR 19 – Modifies signature requirements for initiative petitions
Sponsor: Cierpiot
Effective Date: Upon voter approval
SJR 19 — Currently, the Missouri constitution provides that initiative petitions to amend the constitution must be signed by 8 percent of the legal voters in two-thirds of the Congressional districts and initiative petitions to amend statute must be signed by 5 percent of such voters. Under this constitutional amendment, if approved by the voters, initiative petitions to amend the constitution must be signed by 5.8 percent [approx. 244,359 vs. approx. 169,000] of the legal voters in each Congressional district and initiative petitions to amend statute must be signed by 3.6 percent [approx. 126,392 vs. approx. 88,000] of such voters.
This amendment is identical to SJR 7 (2019) and HJR 25 (2015).
HB 265 – Petition Circulation
Sponsor: Merideth, Peter (080)
Proposed Effective Date: 8/28/2021
HB 265 – This bill authorizes and requires the Office of the Secretary of State to implement a secure electronic signature system for the submission of initiative petition signatures by registered voters. The system is based on a website hosted and maintained by the Office. The Office will provide a verified voter with a unique identification number and collect identical information as required by existing initiative petition law.
The electronic signature process is in addition to existing signature requirements and allows an individual to choose between the electronic signature and personally signing a hard copy of a petition. The Office must mail a postcard advising the individual using the electronic signature website system that he or she has signed the petition and has 10 days to respond with any corrections or objections to the electronic signature.
This bill is the same as HB 1980 (2020).
HJR 2 – Initiative petition signatures
Sponsor: Billington, Hardy (152)
Proposed Effective Date: 8/28/2021
Last Action: 12/01/2020 – Prefiled (H)
HJR 2 – Currently, initiative petitions proposing amendments to the Constitution shall be signed by 8% of the legal voters in each of two-thirds of the Congressional districts in the state. Upon voter approval, this proposed Constitutional amendment requires that signatures of the legal voters making up the 8% shall represent every Congressional district in the state.
This bill is the same as HJR 60 (2020).