Thanks to a new state constitutional amendment, recreational cannabis has been legalized in Missouri. Yes, Amendment 3 passed, but let’s not light up the sky in celebration yet. Marijuana possession laws are still on the books until Dec. 8. The Missouri State Highway Patrol and your local police department would love nothing more than to make a few more marijuana arrests for good measure before the new law goes into effect.
Attitudes toward the leafy green plant are changing. And that was reflected in Tuesday’s vote. The new adult-use marijuana law, approved by a large majority, is no panacea to true criminal justice reform. But voters sent a clear message that Missourians should not be detained, cited or arrested for minor possession of a drug now legal in more than 20 states.
Missourians over the age of 21 are legally allowed to possess, cultivate or sell up to 3 ounces of pot for recreational use, one of the largest legal limits in the country. Pot users, stay alert, though. We asked law enforcement agencies in the Kansas City area and the Highway Patrol about its plans for the next month or so. Guess how many gave a solid answer on how officers and troopers would handle minor marijuana offenses over the next few weeks? None. Take note and proceed with caution. Better safe than sorry.
“We don’t generally comment on legislation that is in process,” a spokesperson for the Kansas City Police Department wrote Tuesday in an email to the editorial board. “Once the legislation is passed and signed into law, we will adjust operations accordingly to conform to the new law. This is the same as we have done many times in the past based on various legislation changes.”
Higher-ups with the Missouri State Highway Patrol never got back to us.
Driving under the influence of cannabis is still illegal, as is supplying weed to minors. Your employer still has the right to fire you for being stoned on the clock, and toking up in public is prohibited.
Local enforcement officials, state troopers and local prosecutors have about 30 days to determine whether agencies should still pursue minor drug offenses. We don’t think they should. More pressing issues such as violent crime and large-scale drug dealing should be the priority of law enforcement officials throughout the state. In the meantime, we will keep a close eye on how many people are nabbed for low-level marijuana crimes over the next month.
Tuesday’s vote represents a major shift in Missouri’s attitude toward a substance that voters approved for medical use just four years ago. The so-called war on drugs is far from over, but no longer are Black and Hispanic folks at risk to lose everything over the smallest marijuana-related infraction. White Missourians use and possess marijuana at nearly the same level as minority residents, civil rights advocates say. Yet minorities have long borne the brunt of this failed anti-drug policy.
As part of Amendment 3, those with low-level drug offenses will have their records automatically expunged — a key element many voters felt was important. Nonviolent marijuana offenders would be eligible for post-conviction relief, too.
The initiative imposes a 6% tax on marijuana sales. Tens of millions of dollars per year will be split among services for military veterans, costs associated with the expungement program and more funding for the state’s public defender’s office.
The win doesn’t come without some concerns. We wish the new law could have been passed by the Legislature and signed by the governor. It will be harder to tweak or improve, now that it’s in the Missouri Constitution. Amendment 3 creates a licensing program for who can legally sell or grow cannabis. The amendment could create a monopoly in the marijuana industry — established medical marijuana companies have first dibs on recreational licenses. But Missouri voters were right to not let perfect be the enemy of the good. We remain hopeful that the amendment will put an end to needless marijuana arrests in Missouri.
