Are there still penalties for weed in Missouri? What Amendment 3 does and doesn’t change
Missouri voters approved a constitutional amendment that legalizes recreational marijuana for adults over the age of 21.
Under the amendment, Missourians will soon be able to head to their local dispensary to buy edibles and pre-rolled joints. But the amendment won’t actually go into effect until next month.
What does that mean for people previously arrested for weed charges? Can you still be arrested for marijuana use before the amendment kicks in? And will selling marijuana to kids on the street still be illegal under the amendment?
Here’s how Missouri law still plays into marijuana legalization, and how Amendment 3 will affect those with past weed charges.
Can you still get arrested for weed possession before the amendment kicks in?
The provisions of the amendment — which allow adults over the age of 21 to possess up to 3 ounces of recreational marijuana — won’t go into effect until Dec. 8. Therefore, you can still get arrested for marijuana possession until that date.
However, John Payne, the campaign manager for Legal Missouri 2022, the group that backed the amendment, said courts may be reluctant to press those cases knowing that the law is about to change.
If you’re worried about what current laws around possession are between now and Dec. 8, you should know that weed is already decriminalized in many parts of the state.
In Kansas City weed possession is already decriminalized, so Kansas City police aren’t supposed to arrest you for a city crime if you have weed on your person. But, they could still ticket you or arrest you for violating state laws or for distribution.
The state laws in Missouri have partially decriminalized marijuana possession too. If a person is caught with 10 grams, they can only be fined and could receive a criminal misdemeanor.
In Jackson County, the prosecutor has pledged not to charge people for most marijuana possession cases, with an exception for people who are suspected of selling. If a person gets caught up in Clay, Platte or Cass counties, there is still a chance that they could be charged for violating state laws if they are caught with more than 10 grams of marijuana.
Will selling marijuana on the street — or to kids — still be illegal?
Yes. Prior to Tuesday’s vote, the Missouri Association of Prosecuting Attorneys incorrectly said that drug dealers would only be subject to a civil penalty for giving or selling marijuana to kids under the amendment.
That’s false. Even after the amendment kicks in, a person who sells marijuana to kids will still be subject to a felony under current state law. Payne, from Legal Missouri 2022, said any sale of marijuana outside of the regulated system will remain a criminal offense in Missouri.
Another provision in the amendment says any person younger than 21 years old who “delivers without consideration or distributes without consideration three ounces or less of marijuana” is subject to a $100 fine. This does not apply to selling marijuana. It’s meant to apply to someone who hands their friend marijuana or a joint, Payne said.
Opponents of the amendment argue that it will enshrine civil penalties into the state’s constitution, making it difficult for those penalties to be changed at a later date. However, many supporters of the amendment argue that language around penalties and other concerns can be changed in the future.
“Let’s start at legal. And if there’s something that needs to be done, to make it stronger, to make it better, at least we’ve started at legal,” said Justice Gatson, founder of the Reale Justice Network, which backed the Amendment 3 campaign.
When will people get to have their past marijuana charges expunged?
Any person previously charged with a nonviolent marijuana-related charge who is not currently incarcerated will have their record reviewed and expunged by the courts by June 8, 2023. This does not apply to people charged with driving under the influence or selling weed to minors.
Cases will be expunged in the order of severity of the case, which means that less severe cases will be expunged first, Payne said.
Expunging a record means that the court will seal a criminal charge so it is no longer public. However, the record can still be unsealed with a court order, according to the Missouri Bar.
What about people currently in jail with weed charges?
People who are still incarcerated will not automatically have their charges dropped or expunged. However, people with nonviolent charges will be able to petition to be released from jail, prison or to be removed from parole and probation and have their records expunged.
When is the earliest people can purchase marijuana legally?
The earliest that Missourians will be able to head to their local weed dispensary and buy recreational marijuana gummies, joints and other products is Feb. 6, 2023.
Have more questions about the amendment? Let us know at kcq@kcstar.com, and we’ll look into it.
This story was originally published November 9, 2022 at 12:43 PM.
