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Our Proposal

A Better Way: The Fair Access Missouri Plan

Fair Access Missouri's Initiative Highlights

Consumer Benefits of Adult Use Cannabis

Possession

No more than eight (8) ounces of dried, unprocessed cannabis flower may be possessed by adults 21 years or older at any time. Up to twenty-eight (28) grams of resin or extract, or four thousand milligrams (4 grams) of cannabis-infused products may be possessed by adults 21 years or older at any time.

Personal Cultivation

A consumer may cultivate up to twenty-five square feet (25 sq. ft.) of flowering canopy in any space owned or leased by the consumer. The space must be secured against entry by any unauthorized individual. Such cannabis cannot be sold to any other individual, but can be donated or sold to the new Compassionate Care Program (described below).

Expungement

Any individual with a past marijuana conviction will be granted the right to expunge their criminal record. Expungement will erase any criminal marijuana arrest, charge, and conviction from the public record. Incarcerated individuals may file for release from custody and expungement of their criminal record in the jurisdiction in which the conviction occurred. The supreme court shall make available to the public free-of-charge forms for a release from custody and the expungement of criminal records. Filing for expungement will cost no more than the filing fee for Small Claims Court.

Compassionate Care Program

Cannabis may be distributed free of charge through the Compassionate Care Program to qualified and licensed caregivers or patients who meet financial need and health necessity criteria. Any consumer or cannabis facility may donate or sell cannabis to the program where it will be tested and made available through the program.

Administration

Missouri's Division of Alcohol & Tobacco within the Missouri Department of Safety will administer the adult-use cannabis program. Management of Missouri's new adult-use cannabis law and commercial licensing by the Division of Alcohol & Tobacco is a much better fit than the Department of Health and will ensure a competent implementation of the law.

Adult-Use Cannabis Tax

A seven and one-half percent (7.5%) tax will be levied by the state of Missouri on retail sales of adult-use cannabis. No wholesale tax will be collected on cultivation or manufacturing of cannabis products.

Tax Appropriations

Tax revenue from the sale of retail adult-use cannabis will be collected by a newly established Missouri Economic Recovery and Growth Fund to be administered by the State Treasurer. Tax revenue will fund operations of the adult-use program with excess revenue designated in equal disbursements in the following manner:

One-third (1/3) monies will go to:

Expansion of internet access as a public utility;
Repair and improvement of roads and bridges;
Repair and improvement public water, sewer, and electric utility services;

One-third (1/3) monies go to state agencies, educational institutions, and nonprofits for:

Drug addiction treatment and education;
Job placement, housing, and counseling for substance abusers;
Free legal assistance for criminal record expungement or for individuals charged with a drug-related crime;
Cannabis research in psychiatric or substance abuse treatment program.

One third (1/3) monies go to:

Zero percent interest loans or grants to small businesses owned by individuals in a historically marginalized population;
Cannabis industry training programs for incarcerated or formerly incarcerated individuals.

Probable Cause & Warrants

The smell of cannabis is not a probable cause for a law enforcement officer to detain or search a person, impound or search a vehicle, enter a residence, or other property of a consumer. An arrest warrant issued for cannabis violations shall require evidence of the violation and shall not be issued on the basis of the presence of cannabis alone.

Missouri Cannabis Law

Any Missouri law that criminalizes the possession, delivery, or distribution of cannabis in an amount less than two times the legal limit are declared null and void unless there is distribution or delivery to an individual under the age of twenty one.

Commercial Cannabis Facility Licensing

One or more licenses may be obtained for each type of adult-use cannabis facility including retail sales, cultivation, and cannabis product manufacturing. Multiple licenses may be utilized in the same facility. Licenses are valid for one year. All cannabis designated for adult use sale in Missouri shall be cultivated or manufactured in a licensed facility located in Missouri or a licensed facility located in another state if federal law allows for the interstate transportation of cannabis.

Commercial Cultivation

Cultivation facilities are limited to 30,000 square feet of flowering canopy. Any combination of growing areas may be utilized including indoor, outdoor, or greenhouse cultivation.

Cannabis Testing Certification One or more certifications may be issued to a cannabis testing facility. No cannabis testing facility shall be owned by a cannabis cultivation, manufacturing, or retail facility.

Transportation and Delivery Certification

One or more certifications may be issued for the secure transportation and delivery of cannabis. No extra fee will be charged to certify a licensed adult use cannabis retail, manufacturing, or cultivation facility.

New Hospitality Facility Certification

One or more certifications may be issued to a commercial facility to allow the consumption of cannabis on premises. The certified facility may sell alcoholic beverages and foods. No certification will be provided to a private residence.

License and Certification Fees

License fees are $2,500 per year for each license type.
Certification fees are $1,000 per year for each certification type.

Reduced Fees

Qualified individuals may receive reduced license or certification fees not to exceed $1,000 to participate in the adult-use cannabis program. One of the following scenarios will apply:

Facility must be located area of unemployment above national average;
Facility must be located in an economic disadvantaged zone;
Facility must be owned and operated by a protected class;
Applicant must have been denied medical marijuana license based upon an application score;
Applicant is a member of a historically marginalized group.

Local Control

No cannabis facility may be located within one thousand feet of any elementary or secondary school, child day-care center, or church, unless by local approval. Local government cannot create zoning ordinances that limit cannabis facilities, including hospitality facilities, unless the restrictions are no greater than those imposed on retail alcohol beverage sales or manufacturing.

Local governments shall develop policies related to cannabis facilities and certificate holders no later than June 30. 2023, or cannabis licensees may begin operation under the rules and regulations in place for alcoholic beverage manufacturing and sale. Licenses for cannabis businesses may be required for operation, but any required fees may not exceed those required for other businesses in the jurisdiction.

Medical Marijuana (Section 1, Amendment XIV)

Fair Access Missouri's initiative does not seek to rewrite the entire medical marijuana provisions passed into law with the approval of Amendment 2 by Missouri voters in 2018, now Article XIV of the Missouri Constitution. Implementation of this constitutionally mandated medical marijuana law by the Department of Health and Senior Services is not complete and many issues have arisen. Our Fair Access Missouri initiative will address only those areas where the legislature is constitutionally constrained to modify the law or areas where adjustments can be made that make cannabis treatment more beneficial for patients and caretakers.

Medical Marijuana Personal Cultivation

A Medical Marijuana Home Cultivation Patient may increase their plant canopy to a total of 50 square feet with no limit of flowering plants. The cultivation fee for a patient has dropped to $25/year.

Shared Patient and Caregiver Cultivation

The possession limit for a medical marijuana cultivation patient has increased to a one-year supply. Harvested marijuana must be stored in a secured, locked area. Purposefully possessing twice the legal limit can incur up to a $2000 fine, but the penalty of a one year incarceration is removed.

Medical Marijuana Caregivers

Multiple licensed caregivers and licensed patients may cultivate in a secured and locked shared space of up to 5,000 square feet with no plant limit.

Caregiver Possession Limit

Patients with multiple caregivers cannot possess more than the department limit of 4 ounces. Only a primary caregiver for a minor can administer medical marijuana.

Taxation and Reporting

The Department of Health and Senior Services is limited to retaining only 20% of net revenues for operation. Department revenues will no longer be reduced or diverted away from the Missouri Veterans' Health and Care Fund for legal issues.

Fair Access Missouri's Initiative is managed and funded by grass roots cannabis activists. Your donations are needed to make adult-use cannabis legal in Missouri. Please donate now and sign up as a volunteer.

 

Read the Petition in Its Entirety

Fair Access Missouri’s initiative petition has been approved to circulate by the Missouri Secretary of State. This means that signature gathering can now start. You may view our final 2022-064 document by downloading the PDF with the link provided below. Adobe Acrobat reader is required to view the document and is available here: Adobe Acrobat

The Fair Access Missouri Proposal

Missouri voters strongly supported medical marijuana at the ballot box in 2018 and overwhelmingly support the legalization of adult-use cannabis.

Missouri's current medical marijuana policies are flawed in design and have been poorly implemented. Entrenched special interests who helped pass the 2018 ballot measure want to continue their unfair monopoly, but the Fair Access Plan is better for Missouri.

A Better Plan

  • Cannabis will be regulated the same as every legal business in Missouri;
  • Missouri entrepreneurs will have fair access to the market with equitable licensing and low barriers to entry. That's good for our economy and good for consumers;
  • Low taxes will keep Missourians' dollars at home as other states expand markets.

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Donate Now to Create Fair Access in Missouri

  • More jobs and a stronger economy with an open, equitable and regulated market;
  • Reasonable regulations from the state agencies experienced in providing similar oversight for alcohol products;
  • Freedom for those currently incarcerated due to non-violent marijuana offenses
  • Protections for family members regarding marijuana use;
  • Sufficient quantities of medical marijuana at reasonable prices for patients; and
  • Education related to marijuana, marijuana use, and dependency.

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