Missouri presents its cannabis legalization proposal

A Missouri lawmaker introduced a comprehensive bill last week aimed at legalizing cannabis in the state. The measure, titled Cannabis Freedom Act (HB 2704) was introduced in the Missouri House of Representatives by Representative Ron Hicks, a Republican from St. Charles.

If passed, the bill will legalize cannabis for adult use, regulate the recreational cannabis market, and will expunge the convictions for previous cannabis-related offenses.

«The Cannabis Freedom Act is the result of input from many different stakeholders, including law enforcement officers »and those who have served time in prison for conduct that society now deems acceptable,« Hicks said. »I am particularly grateful to Oklahoma State Representative Scott Fetgatter for his help in creating a free-market, strictly regulated program."

Details of the bill

Under the bill, adults aged 21 and older would be permitted to purchase and use cannabis. Adults would also be permitted to grow up to 12 cannabis plants at home for personal use.

The bill of law Directs the Missouri Department of Agriculture to regulate the recreational cannabis program. The department would draft the program’s rules and issue licenses to cannabis producers, manufacturers, distributors, and retailers, without setting a cap on the number of licenses that may be issued to qualified cannabis businesses.

The Cannabis Freedom Act requires the State Department of Finance to set a tax of up to 12 % on recreational cannabis products. Purchases of medical cannabis by registered patients would not be subject to the retail tax. Revenue generated from cannabis taxes would be used to administer the program, with the remainder divided equally among the Missouri Veterans Commission and funding for teachers' salaries.

The law prohibits state financial regulators from refusing or hindering the’Access to banking services for legal cannabis businesses.

Expungement of Prior Cannabis-Related Convictions

The legislation also includes provisions for expunging convictions for nonviolent cannabis-related activities that are legalized under the bill. Individuals currently incarcerated would be eligible for a new sentencing hearing, and those who have already been convicted could ask the court to expunge their records.

The bill also allows individuals on probation or parole to use cannabis. Furthermore, the smell of cannabis would not be no longer considered a probable cause so that a law enforcement officer can conduct a search without a warrant.

Citizen-led initiatives are also underway

The Cannabis Freedom Act offers Missouri another opportunity to reform its cannabis laws. Last year, the group Fair Access Missouri launched a grassroots campaign aimed at amending the state constitution to legalize the possession, production, and sale of cannabis for recreational purposes.

In addition, a separate initiative by the group Legal Missouri 2022, supported by the Missouri Association of Criminal Defense Lawyers (MACDL) would also legalize recreational cannabis in the state.