Proposes a constitutional amendment relating to the advertising and promotion of marijuana sales

SECOND REGULAR SESSION
HOUSE JOINT
RESOLUTION NO. 103
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SASSMANN.
4027H.01I JOSEPH ENGLER, Chief Clerk
JOINT RESOLUTION
Submitting to the qualified voters of Missouri an amendment repealing Sections 1 and 2 of
Article XIV of the Constitution of Missouri, and adopting two new sections in lieu
thereof relating to the advertising and promotion of marijuana sales.
Be it r esolved by the House of Repr esentatives, the Senate concurring ther ein:
That at the next general election to be held in the state of Missouri, on T uesday next
2 following the first Monday in November , 2026, or at a special election to be called by the
3 governor for that purpose, there is hereby submitted to the qualified voters of this state, for
4 adoption or rejection, the following amendment to Article XIV of the Constitution of the state
5 of Missouri:
Section A. Sections 1 and 2, Article XIV , Constitution of Missouri, are repealed and
2 two new sections adopted in lieu thereof, to be known as Sections 1 and 2, to read as follows:
Section 1. 1. Purposes.
2 This section is intended to permit state-licensed physicians and nurse practitioners to
3 recommend marijuana for medical purposes to patients with serious illnesses and medical
4 conditions. The section allows patients with qualifying medical conditions the right to
5 discuss freely with their physicians and nurse practitioners the possible benefits of medical
6 marijuana use, the right of their physicians and nurse practitioners to provide professional
7 advice concerning the same, and the right to use medical marijuana for treatment under the
8 supervision of a physician or nurse practitioner .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
9 This section is intended to make only those changes to Missouri laws that are
10 necessary to protect patients, their primary caregivers, and their physicians and nurse
11 practitioners from civil and criminal penalties, and to allow for the limited legal production,
12 distribution, sale and purchase of marijuana for medical use. This section is not intended to
13 change current civil and criminal laws governing the use of marijuana for nonmedical
14 purposes. The section does not allow for the public use of marijuana and driving under the
15 influence of marijuana.
16 2. Definitions.
17 (1) "Administer" means the direct application of marijuana to a qualifying patient by
18 way of any of the following methods:
19 (a) Ingestion of capsules, teas, oils, and other marijuana-infused products;
20 (b) V aporization or smoking of dried flowers, buds, plant material, extracts, oils, and
21 other marijuana-infused products;
22 (c) Application of ointments or balms;
23 (d) T ransdermal patches and suppositories;
24 (e) Consuming marijuana-infused food products; or
25 (f) Any other method recommended by a qualifying patient's physician or nurse
26 practitioner .
27 (2) "Church" means a permanent building primarily and regularly used as a place of
28 religious worship.
29 (3) "Daycare" means a child-care facility , as defined by section 210.201, RSMo, or
30 successor provisions, that is licensed by the state of Missouri.
31 (4) "Department" means the department of health and senior services, or its successor
32 agency .
33 (5) "Entity" means a natural person, corporation, professional corporation, nonprofit
34 corporation, cooperative corporation, unincorporated association, business trust, limited
35 liability company , general or limited partnership, limited liability partnership, joint venture, or
36 any other legal entity .
37 (6) "Flowering plant" means a marijuana plant from the time it exhibits the first signs
38 of sexual maturity through harvest.
39 (7) "Infused preroll" means a consumable or smokable marijuana product, generally
40 consisting of: (1) a wrap or paper , (2) dried flower , buds, and/or plant material, and (3) a
41 concentrate, oil or other type of marijuana extract, either within or on the surface of the
42 product. Infused prerolls may or may not include a filter or crutch at the base of the product.
43 (8) "Marijuana" or "marihuana" means Cannabis indica, Cannabis sativa, and
44 Cannabis ruderalis, hybrids of such species, and any other strains commonly understood
45 within the scientific community to constitute marijuana, as well as resin extracted from the
HJR 103 2
46 marijuana plant and marijuana-infused products. "Marijuana" or "marihuana" do not include
47 industrial hemp, as defined by Missouri statute, or commodities or products manufactured
48 from industrial hemp.
49 (9) "Marijuana-infused products" means products that are infused, dipped, coated,
50 sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products
51 that are able to be vaporized or smoked, edible products, ingestible products, topical products,
52 suppositories, and infused prerolls.
53 (10) "Medical facility" means any medical marijuana cultivation facility , medical
54 marijuana dispensary facility , or medical marijuana-infused products manufacturing facility ,
55 as defined in this section.
56 (1 1) "Medical marijuana cultivation facility" means a facility licensed by the
57 department to acquire, cultivate, process, package, store on site or of f site, transport to or
58 from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as
59 clones) to a medical marijuana dispensary facility , medical marijuana testing facility , medical
60 marijuana cultivation facility , or to a medical marijuana-infused products manufacturing
61 facility . A medical marijuana cultivation facility's authority to process marijuana shall
62 include the production and sale of prerolls, but shall not include the manufacture of
63 marijuana-infused products.
64 (12) "Medical marijuana dispensary facility" means a facility licensed by the
65 department to acquire, process, package, store on site or of f site, sell, transport to or from, and
66 deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones),
67 marijuana-infused products, and drug paraphernalia used to administer marijuana as provided
68 for in this section to a qualifying patient, a primary caregiver , anywhere on the licensed
69 property or to any address as directed by the patient or primary caregiver , so long as the
70 address is a location allowing for the legal possession of marijuana, another medical
71 marijuana dispensary facility , a marijuana testing facility , a medical marijuana cultivation
72 facility , or a medical marijuana-infused products manufacturing facility . Dispensary facilities
73 may receive transaction orders at the dispensary in person, by phone, or via the internet,
74 including from a third party . A medical marijuana dispensary facility's authority to process
75 marijuana shall include the production and sale of prerolls, but shall not include the
76 manufacture of marijuana-infused products.
77 (13) "Medical marijuana-infused products manufacturing facility" means a facility
78 licensed by the department to acquire, process, package, store on site or of f site, manufacture,
79 transport to or from, and sell marijuana-infused products to a medical marijuana dispensary
80 facility , a marijuana testing facility , a medical marijuana cultivation facility , or to another
81 medical marijuana-infused products manufacturing facility .
HJR 103 3
82 (14) "Marijuana testing facility" means a facility certified by the department to
83 acquire, test, certify , and transport marijuana, including those originally licensed as a medical
84 marijuana testing facility .
85 (15) "Medical use" means the production, possession, delivery , distribution,
86 transportation, or administration of marijuana or a marijuana-infused product, or drug
87 paraphernalia used to administer marijuana or a marijuana-infused product, for the benefit of
88 a qualifying patient to mitigate the symptoms or ef fects of the patient's qualifying medical
89 condition.
90 (16) "Nurse practitioner" means an individual who is licensed and in good standing as
91 an advanced practice registered nurse, or successor designation, under Missouri law .
92 (17) "Owner" means an individual who has a financial (other than security interest,
93 lien, or encumbrance) or voting interest in ten percent or greater of a marijuana facility .
94 (18) "Physician" means an individual who is licensed and in good standing to practice
95 medicine or osteopathy under Missouri law .
96 (19) "Physician or nurse practitioner certification" means a document, whether
97 handwritten, electronic or in another commonly used format, signed by a physician or a nurse
98 practitioner and stating that, in the physician's or nurse practitioner's professional opinion, the
99 patient suff ers from a qualifying medical condition.
100 (20) "Preroll" means a consumable or smokable marijuana product, generally
101 consisting of: (1) a wrap or paper and (2) dried flower , buds, and/or plant material. Prerolls
102 may or may not include a filter or crutch at the base of the product.
103 (21) "Primary caregiver" means an individual twenty-one years of age or older who
104 has significant responsibility for managing the well-being of a qualifying patient and who is
105 designated as such on the primary caregiver's application for an identification card under this
106 section or in other written notification to the department.
107 (22) "Qualifying medical condition" means the condition of, symptoms related to, or
108 side-ef fects from the treatment of:
109 (a) Cancer;
110 (b) Epilepsy;
111 (c) Glaucoma;
112 (d) Intractable migraines unresponsive to other treatment;
113 (e) A chronic medical condition that causes severe, persistent pain or persistent
114 muscle spasms, including but not limited to those associated with multiple sclerosis, seizures,
115 Parkinson's disease, and T ourette's syndrome;
116 (f) Debilitating psychiatric disorders, including, but not limited to, posttraumatic
117 stress disorder , if diagnosed by a state licensed psychiatrist;
118 (g) Human immunodeficiency virus or acquired immune deficiency syndrome;
HJR 103 4
119 (h) A chronic medical condition that is normally treated with a prescription
120 medication that could lead to physical or psychological dependence, when a physician or
121 nurse practitioner determines that medical use of marijuana could be effectiv e in treating that
122 condition and would serve as a safer alternative to the prescription medication;
123 (i) Any terminal illness; or
124 (j) In the professional judgment of a physician or nurse practitioner , any other
125 chronic, debilitating or other medical condition, including, but not limited to, hepatitis C,
126 amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn's disease, Huntington's
127 disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer's disease, cachexia,
128 and wasting syndrome.
129 (23) "Qualifying patient" means an individual diagnosed with at least one qualifying
130 medical condition.
131 (24) "Unduly burdensome" (when referring to a facility licensee or certificate holder)
132 means the measures necessary to comply with the rules or ordinances adopted pursuant to this
133 section subject the party to such a high investment or expense of money , time, or any other
134 resource or asset that a reasonably prudent businessperson would not operate the facility; and
135 (when referring to qualifying patients, primary caregivers, physicians, nurse practitioners, or
136 other party) "unduly burdensome" means the measures necessary to comply with the rules or
137 ordinances adopted pursuant to this section undermine the purpose of this section.
138 3. Creating Patient Access to Medical Marijuana.
139 (1) In carrying out the implementation of this section, the department shall have the
140 authority to:
141 (a) Grant or refuse state licenses and certifications for the cultivation, manufacture,
142 dispensing, sale, testing, tracking, and transportation of marijuana and marijuana-infused
143 products for medical use, as provided by this section and general law; suspend, impose an
144 authorized fine, restrict, or revoke such licenses and certifications upon a violation of this
145 section, general law , or a rule promulgated pursuant to this section; and impose any
146 administrative penalty authorized by this section or any general law enacted or rule
147 promulgated pursuant to this section, so long as any procedure related to a suspension or
148 revocation includes a reasonable cure period, not less than thirty days, prior to the suspension
149 or revocation, except in instances where there is a credible and imminent threat to public
150 health or public safety .
151 (b) Promulgate rules and emer gency rules necessary for the proper regulation and
152 control of the cultivation, manufacture, dispensing, and sale of marijuana for medical use and
153 for the enforcement of this section so long as patient access is not restricted unreasonably and
154 such rules are reasonably necessary for patient safety or to restrict access to only licensees
155 and qualifying patients.
HJR 103 5
156 (c) Develop such forms, certificates, licenses, identification cards, and applications as
157 are necessary for , or reasonably related to, the administration of this section or any of the
158 rules promulgated under this section.
159 (d) Require a seed-to-sale tracking system that tracks medical marijuana from either
160 the seed or immature plant stage until the medical marijuana or medical marijuana-infused
161 product is sold to a qualifying patient or primary caregiver to ensure that no medical
162 marijuana grown by a medical marijuana cultivation facility or manufactured by a medical
163 marijuana-infused products manufacturing facility is sold or otherwise transferred except by a
164 medical marijuana dispensary facility . The department shall certify , if possible, at least two
165 commercially available systems to licensees as compliant with its tracking standards and
166 issue standards for the creation or use of other systems by licensees.
167 (e) Issue standards for the secure transportation of marijuana and marijuana-infused
168 products. The department shall certify entities which demonstrate compliance with its
169 transportation standards to transport marijuana and marijuana-infused products to or from a
170 medical marijuana cultivation facility , a medical marijuana-infused products manufacturing
171 facility , a medical marijuana dispensary facility , a marijuana testing facility , or another entity
172 with a transportation certification. The department shall develop or adopt from any other
173 governmental agency such safety and security standards as are reasonably necessary for the
174 transportation of marijuana and marijuana-infused products. Any entity licensed or certified
175 pursuant to this section shall be allowed to transport and store marijuana, marijuana seeds,
176 marijuana vegetative cuttings (also known as clones) and marijuana-infused products for
177 purposes related to transportation in compliance with department regulations on storage of
178 marijuana and marijuana-infused products.
179 (f) The department may char ge a fee not to exceed $5,000 for any certification issued
180 pursuant to this section.
181 (g) Prepare and transmit annually a publicly available report accounting to the
182 governor for the ef ficient dischar ge of all responsibilities assigned to the department under
183 this section.
184 (h) Establish a lottery selection process to select medical marijuana licensee and
185 certificate applicants, only in cases where more applicants apply than the minimum number of
186 licenses or certificates as calculated by this section. T o be eligible for the medical marijuana
187 license lottery process, an applicant cannot have an owner who has pleaded or been found
188 guilty of a disqualifying felony . A "disqualifying felony of fense" is a violation of, and
189 conviction or guilty plea to, state or federal law that is, or would have been, a felony under
190 Missouri law , regardless of the sentence imposed, unless the department determines that:
191 a. The person's conviction was for a marijuana of fense, other than provision of
192 marijuana to a minor; or
HJR 103 6
193 b. The person's conviction was for a non-violent crime for which he or she was not
194 incarcerated and that is more than five years old; or
195 c. More than five years have passed since the person was released from parole or
196 probation, and he or she has not been convicted of any subsequent felony criminal of fenses.
197 The department may consult with and rely on the records, advice, and
1 9 8 recommendations of the attorney general and the department of public safety , or their
199 successor entities, in carrying out the provisions of this subdivision.
200 In establishing a lottery selection process to select medical marijuana licensee and
201 certificate applicants and awarding licenses and certificates, the department may consult or
202 contract with other public agencies with relevant expertise. The department shall lift or ease
203 any limit on the number of licensees or certificate holders in order to meet the demand for
204 marijuana for medical use by qualifying patients.
205 (2) The department shall issue any rules or emer gency rules necessary for the
206 implementation and enforcement of this section and to ensure the right to, availability , and
207 safe use of marijuana for medical use by qualifying patients. In developing such rules or
208 emer gency rules, the department may consult with other public agencies. In addition to any
209 other rules or emer gency rules necessary to carry out the mandates of this section, the
210 department may issue rules or emer gency rules relating to the following subjects:
211 (a) Compliance with, enforcement of, or violation of any provision of this section or
212 any rule issued pursuant to this section, including procedures and grounds for denying,
213 suspending, imposing an authorized fine, and restricting, or revoking a state license or
214 certification issued pursuant to this section, so long as any procedure related to a suspension
215 or revocation includes a reasonable cure period, not less than thirty days, prior to the
216 suspension or revocation, except in instances where there is a credible and imminent threat to
217 public health or public safety;
218 (b) Specifications of duties of of ficers and employees of the department;
219 (c) Instructions or guidance for local authorities and law enforcement officers;
220 (d) Requirements for inspections, investigations, searches, seizures, and such
221 additional enforcement activities as may become necessary from time to time;
222 (e) As otherwise authorized by this section or general law , administrative penalties
223 and policies for use by the department;
224 (f) Prohibition of misrepresentation and unfair practices;
225 (g) Control of informational and product displays on licensed premises provided that
226 the rules may not prevent or unreasonably restrict appropriate signs on the property of the
227 medical marijuana dispensary facility , product display and examination by the qualifying
228 patient and/or primary caregiver , listings in business directories including phone books,
229 listings in marijuana-related or medical publications, or the sponsorship of health or not for
HJR 103 7
230 profit charity or advocacy events. [ While ] The department shall have the general power to
231 regulate the advertising and promotion of marijuana sales[ , under all circumstances, any such
232 regulation shall be no more stringent than comparable state regulations on the advertising and
233 promotion of alcohol sales ] . The department shall adopt rules with r estrictions on the
234 advertising and pr omotion of marijuana sales that are at least as stringent as the
235 r estrictions on the advertising and pro motion of cigar ettes imposed by federal laws and
236 r egulations ;
237 (h) Development of individual identification cards for owners, of ficers, managers,
238 contractors, employees, and other support staf f of entities licensed or certified pursuant to this
239 section, including a fingerprint-based federal and state criminal record check in accordance
240 with U.S. Public Law 92-544, or its successor provisions, as may be required by the
241 department prior to issuing a card and procedures to ensure that cards for new applicants are
242 issued within fourteen days. Applicants licensed pursuant to this section shall submit
243 fingerprints to the Missouri state highway patrol for the purpose of conducting a state and
244 federal fingerprint-based criminal background check. The Missouri state highway patrol, if
245 necessary , shall forward the fingerprints to the Federal Bureau of Investigation (FBI) for the
246 purpose of conducting a fingerprint-based criminal background check. Fingerprints shall be
247 submitted pursuant to section 43.543, RSMo, or its successor provisions, and fees shall be
248 paid pursuant to section 43.530, RSMo, or its successor provisions. Unless otherwise
249 required by law , no individual shall be required to submit fingerprints more than once;
250 (i) Security requirements for any premises licensed or certified pursuant to this
251 section, including, at a minimum, lighting, physical security , video, alarm requirements, and
252 other minimum procedures for internal control as deemed necessary by the department to
253 properly administer and enforce the provisions of this section, including reporting
25 4 requirements for changes, alterations, or modifications to the premises;
255 (j) Regulation of the storage of, warehouses for , and transportation of marijuana for
256 medical use;
257 (k) Sanitary requirements for , including, but not limited to, the preparation of medical
258 marijuana-infused products;
259 (l) The specification of acceptable forms of picture identification that a medical
260 marijuana dispensary facility may accept when verifying a sale;
261 (m) Labeling and packaging standards;
262 (n) Records to be kept by licensees and the required availability of the records;
263 (o) State licensing procedures, including procedures for renewals, reinstatements,
264 initial licenses, and the payment of licensing fees;
265 (p) The reporting and transmittal of tax payments;
HJR 103 8
266 (q) Authorization for the department of revenue to have access to licensing
267 information to ensure tax payment and the effectiv e administration of this section; and
268 (r) Such other matters as are necessary for the fair , impartial, stringent, and
269 comprehensive administration of this section.
270 (3) The department shall issue rules or emer gency rules for a medical marijuana and
271 medical marijuana-infused products independent testing and certification program for
272 medical marijuana licensees and requiring licensees to test medical marijuana using one or
273 more impartial, independent laboratories to ensure, at a minimum, that products sold for
274 human consumption do not contain contaminants that are injurious to health, to ensure correct
275 labeling and measure potency . The department shall not require any medical marijuana or
276 medical marijuana-infused products to be tested more than once prior to sale.
277 (4) The department shall issue rules or emer gency rules to provide for the
278 certification of and standards for marijuana testing facilities, including the requirements for
279 equipment and qualifications for personnel, but shall not require certificate holders to have
280 any federal agency licensing or have any relationship with a federally licensed testing facility .
281 The department shall certify , if possible, at least two entities as marijuana testing facilities.
282 No marijuana testing facility shall be owned by an entity or entities under substantially
283 common control, ownership, or management as a medical marijuana cultivation facility ,
284 medical marijuana-infused product manufacturing facility , or medical marijuana dispensary
285 facility .
286 (5) Any information released by the department related to patients may only be for a
287 purpose authorized by federal law and this section, including verifying that a person who
288 presented a patient identification card to a state or local law enforcement of ficial is lawfully in
289 possession of such card. Beginning December 8, 2022, all public records produced or
290 retained pursuant to this section are subject to the general provisions of the Missouri Sunshine
291 Law , chapter 610, RSMo, or its successor provisions. Notwithstanding the foregoing, records
292 containing proprietary business information obtained from an applicant or licensee shall be
293 closed. For documents submitted on or after December 8, 2022, the applicant or licensee
294 shall label business information it believes to be proprietary prior to submitting it to the
295 department. For documents submitted prior to December 8, 2022, the applicant or licensee
296 may advise the department, through a department approved process, of any records
297 previously submitted by the applicant or licensee it believes contain proprietary business
298 information. Proprietary business information shall include sales information, financial
299 records, tax returns, credit reports, license applications, cultivation information unrelated to
300 product safety , testing results unrelated to product safety , site security information and plans,
301 and individualized consumer information. The presence of proprietary business information
302 shall not justify the closure of public records:
HJR 103 9
303 (a) Identifying the applicant or licensee;
304 (b) Relating to any citation, notice of violation, tax delinquency , or other enforcement
305 action;
306 (c) Relating to any public of ficial's support or opposition relative to any applicant,
307 licensee, or their proposed or actual operations;
308 (d) Where disclosure is reasonably necessary for the protection of public health or
309 safety; or
310 (e) That are otherwise subject to public inspection under other applicable law .
311 (6) W ithin one hundred eighty days of December 6, 2018, the department shall make
312 available to the public license application forms and application instructions for medical
313 marijuana cultivation facilities, marijuana testing facilities, medical marijuana dispensary
314 facilities, and medical marijuana-infused products manufacturing facilities.
315 (7) W ithin one hundred eighty days of December 6, 2018, the department shall make
316 available to the public application forms and application instructions for qualifying patient,
317 qualifying patient cultivation, and primary caregiver identification cards. W ithin two hundred
318 ten days of December 6, 2018, the department shall begin accepting applications for such
319 identification cards.
320 (8) An entity may apply to the department for and obtain one or more licenses to
321 grow marijuana as a medical marijuana cultivation facility . Each facility in operation shall
322 require a separate license, but multiple licenses may be utilized in a single facility . Each
323 indoor facility utilizing artificial lighting may be limited by the department to thirty thousand
324 square feet of flowering plant canopy space. Each outdoor facility utilizing natural lighting
325 may be limited by the department to two thousand eight hundred flowering plants. Each
326 greenhouse facility using a combination of natural and artificial lighting may be limited by
327 the department, at the election of the licensee, to two thousand eight hundred flowering plants
328 or thirty thousand square feet of flowering plant canopy . The license shall be valid for three
329 years from its date of issuance and shall be renewable, except for good cause. The
330 department shall char ge each applicant a nonrefundable fee of ten thousand dollars per license
331 application or renewal for all applicants filing an application within three years of December
332 6, 2018, and shall char ge each applicant a nonrefundable fee of five thousand dollars per
333 license application or renewal thereafter . Once granted, the department shall char ge each
334 licensee an annual fee of twenty-five thousand dollars per facility license. Application and
335 license fees shall be increased or decreased each year by the percentage of increase or
336 decrease from the end of the previous calendar year of the Consumer Price Index, or
337 successor index as published by the U.S. Department of Labor , or its successor agency . An
338 entity or entities under substantially common control, ownership, or management may not be
339 an owner of more than ten percent of the total marijuana cultivation facility licenses
HJR 103 10
340 outstanding under both sections 1 and 2 of this Article at any given time, rounded down to the
341 nearest whole number .
342 (9) An entity may apply to the department for and obtain one or more licenses to
343 operate a medical marijuana dispensary facility . Each facility in operation shall require a
344 separate license. A license shall be valid for three years from its date of issuance and shall be
345 renewable, except for good cause. The department shall char ge each applicant a
346 nonrefundable fee of six thousand dollars per license application or renewal for each
347 applicant filing an application within three years of December 6, 2018, and shall char ge each
348 applicant a nonrefundable fee of three thousand dollars per license application or renewal
349 thereafter . Once granted, the department shall char ge each licensee an annual fee of ten
350 thousand dollars per facility license. Application and license fees shall be increased or
351 decreased each year by the percentage of increase or decrease from the end of the previous
352 calendar year of the Consumer Price Index, or successor index as published by the U.S.
353 Department of Labor , or its successor agency . An entity or entities under substantially
354 common control, ownership, or management may not be an owner of more than ten percent of
355 the total marijuana dispensary facility licenses outstanding under both sections 1 and 2 of this
356 Article at any given time, rounded down to the nearest whole number .
357 (10) An entity may apply to the department for and obtain one or more licenses to
358 operate a medical marijuana-infused products manufacturing facility . Each facility in
359 operation shall require a separate license. A license shall be valid for three years from its date
360 of issuance and shall be renewable, except for good cause. The department shall char ge each
361 applicant a nonrefundable fee of six thousand dollars per license application or renewal for
362 each applicant filing an application within three years of December 6, 2018, and shall char ge
363 each applicant a nonrefundable fee of three thousand dollars per license application or
364 renewal thereafter . Once granted, the department shall char ge each licensee an annual fee of
365 ten thousand dollars per facility license. Application and license fees shall be increased or
366 decreased each year by the percentage of increase or decrease from the end of the previous
367 calendar year of the Consumer Price Index, or successor index as published by the U.S.
368 Department of Labor , or its successor agency . An entity or entities under substantially
369 common control, ownership, or management may not be an owner of more than ten percent of
370 the total marijuana-infused products manufacturing facility licenses outstanding under both
371 sections 1 and 2 of this Article at any given time, rounded down to the nearest whole number .
372 (1 1) Any applicant for a license authorized by this section may prefile their
373 application fee with the department beginning 30 days after December 6, 2018.
374 (12) Except for good cause, a qualifying patient or his or her primary caregiver may
375 obtain an identification card from the department to cultivate up to six flowering marijuana
376 plants, six nonflowering marijuana plants (over fourteen inches tall), and six clones (plants
HJR 103 1 1
377 under fourteen inches tall) for the exclusive use of that qualifying patient. The card shall be
378 valid for three years from its date of issuance and shall be renewable with the submittal of a
379 new or updated physician or nurse practitioner certification. The department shall char ge a
380 fee for the card of fifty dollars, with such rate to be increased or decreased each year by the
381 percentage of increase or decrease from the end of the previous calendar year of the
382 Consumer Price Index, or successor index as published by the U.S. Department of Labor , or
383 its successor agency .
384 (13) The department may set a limit on the amount of marijuana that may be
385 purchased by or on behalf of a single qualifying patient in a thirty-day period, provided that
386 limit is not less than six ounces of dried, unprocessed marijuana, or its equivalent. Any such
387 limit shall not apply to a qualifying patient with written certification from a physician or nurse
388 practitioner that there are compelling reasons why the qualifying patient needs a greater
389 amount than the limit established by the department.
390 (14) The department may set a limit on the amount of marijuana that may be
391 possessed by or on behalf of each qualifying patient, provided that limit is not less than a
392 sixty-day supply of dried, unprocessed marijuana, or its equivalent. A primary caregiver may
393 possess a separate legal limit for each qualifying patient under their care and a separate legal
394 limit for themselves if they are a qualifying patient. Qualifying patients cultivating marijuana
395 for medical use may possess up to a ninety-day supply , so long as the supply remains on
396 property under their control. Any such limit shall not apply to a qualifying patient with
397 written certification from an independent physician or nurse practitioner that there are
398 compelling reasons for additional amounts. Possession of between the legal limit and up to
399 twice the legal limit shall subject the possessor to department sanctions, including an
400 administrative penalty of up to two hundred dollars and loss of their patient identification card
401 for up to a year . Purposefully possessing amounts in excess of twice the legal limit shall be
402 punishable as an infraction under applicable law .
403 (15) The department may restrict the aggregate number of licenses granted for
404 medical marijuana cultivation facilities and comprehensive marijuana cultivation facilities
405 authorized by section 2 combined, provided, however , that the number may not be limited to
406 fewer than one license per every one hundred thousand inhabitants, or any portion thereof, of
407 the state of Missouri, according to the most recent census of the United States. A decrease in
408 the number of inhabitants in the state of Missouri shall have no impact.
409 (16) The department may restrict the aggregate number of licenses granted for
410 medical marijuana-infused products manufacturing facilities and comprehensive marijuana-
411 infused products manufacturing facilities authorized by section 2 combined, provided,
412 however , that the number may not be limited to fewer than one license per every seventy
413 thousand inhabitants, or any portion thereof, of the state of Missouri, according to the most
HJR 103 12
414 recent census of the United States. A decrease in the number of inhabitants in the state of
415 Missouri shall have no impact.
416 (17) The department may restrict the aggregate number of licenses granted for
417 medical marijuana dispensary facilities and comprehensive marijuana dispensary facilities
418 authorized by section 2 combined, provided, however , that the number may not be limited to
419 fewer than twenty-four licenses in each United States congressional district in the state of
420 Missouri pursuant to the map of each of the eight congressional districts as drawn and
421 ef fective on December 6, 2018. Future changes to the boundaries of or the number of
422 congressional districts shall have no impact.
423 (18) The department shall begin accepting license and certification applications for
424 medical marijuana dispensary facilities, marijuana testing facilities, medical marijuana
425 cultivation facilities, medical marijuana-infused products manufacturing facilities, seed-to-
426 sale tracking systems, and for transportation of marijuana no later than two hundred forty
427 days after December 6, 2018. Applications for licenses and certifications under this section
428 shall be approved or denied by the department no later than one hundred fifty days after their
429 submission. If the department fails to carry out its nondiscretionary duty to approve or deny
430 an application within one hundred fifty days of submission, an applicant may immediately
431 seek a court order compelling the department to approve or deny the application.
432 (19) Qualifying patients under this section shall obtain an identification card or cards
433 from the department. The department shall char ge a fee of twenty-five dollars per card. Such
434 fee may be increased or decreased each year by the percentage of increase or decrease from
435 the end of the previous calendar year of the Consumer Price Index, or successor index as
436 published by the U.S. Department of Labor or its successor agency . Cards shall be valid for
437 three years and may be renewed with a new physician or nurse practitioner certification.
438 Upon receiving an application for a qualifying patient identification card or qualifying patient
439 cultivation identification card, the department shall, within thirty days, either issue the card or
440 provide a written explanation for its denial. If the department fails to deny and fails to issue a
441 card to an eligible qualifying patient within thirty days, then their physician or nurse
442 practitioner certification shall serve as their qualifying patient identification card or qualifying
443 patient cultivation identification card for up to one year from the date of physician or nurse
444 practitioner certification. All initial applications for or renewals of a qualifying patient
445 identification card or qualifying patient cultivation identification card shall be accompanied
446 by a physician or nurse practitioner certification that is less than thirty days old.
447 (20) Primary caregivers under this section shall obtain an identification card from the
448 department. Cards shall be valid for three years. The department shall char ge a fee of
449 twenty-five dollars per card. Such fee may be increased or decreased each year by the
450 percentage of increase or decrease from the end of the previous calendar year of the
HJR 103 13
451 Consumer Price Index, or successor index as published by the U.S. Department of Labor , or
452 its successor agency . Upon receiving an application for a primary caregiver identification
453 card, the department shall, within thirty days, either issue the card or provide a written
454 explanation for its denial.
455 (21) Except as otherwise provided in this Article, all marijuana for medical use sold
456 in Missouri shall be cultivated in a licensed medical marijuana cultivation facility located in
457 Missouri.
458 (22) Except as otherwise provided in this Article, all marijuana-infused products for
459 medical use sold in the state of Missouri shall be manufactured in a medical marijuana-
460 infused products manufacturing facility .
461 (23) The denial of a license, license renewal, or identification card by the department
462 shall be appealable to the administrative hearing commission, or its successor entity .
463 Following the exhaustion of administrative review , denial of a license, license renewal, or
464 identification card by the department shall be subject to judicial review as provided by law .
465 (24) No elected of ficial shall interfere directly or indirectly with the department's
466 obligations and activities under this section.
467 (25) The department shall not have the authority to apply or enforce any unduly
468 burdensome rule or regulation or administrative penalty upon any one or more licensees or
469 certificate holders, any qualifying patients, or their primary caregivers, or act to undermine
470 the purposes of this section.
471 4. T axation and Reporting.
472 (1) A tax is levied upon the retail sale of marijuana for medical use sold at medical
473 marijuana dispensary facilities within the state. The tax shall be at a rate of four percent of
474 the retail price. The tax shall be collected by each licensed medical marijuana dispensary
475 facility and paid to the department of revenue. After retaining no more than two percent for
476 its actual collection costs, amounts generated by the medical marijuana tangible personal
477 property retail sales tax levied in this section shall be deposited by the department of revenue
478 into the Missouri veterans' health and care fund. Licensed entities making retail sales within
479 the state shall be allowed approved credit for returns provided the tax was paid on the
480 returned item and the purchaser was given the refund or credit.
481 (2) There is hereby created in the state treasury the "Missouri V eterans' Health and
482 Care Fund", which shall consist of taxes and fees collected under this section. The state
483 treasurer shall be custodian of the fund, and he or she shall invest monies in the fund in the
484 same manner as other funds are invested. Any interest and monies earned on such
485 investments shall be credited to the fund. Notwithstanding any other provision of law , any
486 monies remaining in the fund at the end of a biennium shall not revert to the credit of the
487 general revenue fund. The commissioner of administration is authorized to make cash
HJR 103 14
488 operating transfers to the fund for purposes of meeting the cash requirements of the
489 department in advance of it receiving annual application, licensing, and tax revenue, with any
490 such transfers to be repaid as provided by law . The fund shall be a dedicated fund and shall
491 stand appropriated without further legislative action as follows:
492 (a) First, to the department, an amount necessary for the department to carry out this
493 section, including repayment of any cash operating transfers, payments made through contract
494 or agreement with other state and public agencies necessary to carry out this section, and a
495 reserve fund to maintain a reasonable working cash balance for the purpose of carrying out
496 this section;
497 (b) Next, the remainder of such funds shall be transferred to the Missouri veterans
498 commission for health and care services for military veterans, including the following
499 purposes: operations, maintenance and capital improvements of the Missouri veterans homes,
500 the Missouri service of ficer's program, and other services for veterans approved by the
501 commission, including, but not limited to, health care services, mental health services, drug
502 rehabilitation services, housing assistance, job training, tuition assistance, and housing
503 assistance to prevent homelessness. The Missouri veterans commission shall contract with
504 other public agencies for the delivery of services beyond its expertise.
505 (c) All monies from the taxes authorized under this subsection shall provide
506 additional dedicated funding for the purposes enumerated above and shall not replace existing
507 dedicated funding.
508 (3) For all retail sales of marijuana for medical use, a record shall be kept by the seller
509 which identifies, by secure and encrypted patient number issued by the seller to the qualifying
510 patient involved in the sale, all amounts and types of marijuana involved in the sale and the
511 total amount of money involved in the sale, including itemizations, taxes collected and grand
512 total sale amounts. All such records shall be kept on the premises in a readily available
513 format and be made available for review by the department and the department of revenue
514 upon request. Such records shall be retained for five years from the date of the sale.
515 (4) The tax levied pursuant to this subsection is separate from, and in addition to, any
516 general state and local sales and use taxes that apply to retail sales, which shall continue to be
517 collected and distributed as provided by general law .
518 (5) Except as authorized in this subsection, no additional taxes shall be imposed on
519 the sale of marijuana for medical use.
520 (6) The fees and taxes provided for in this Article XIV , Section 1 shall be fully
521 enforceable notwithstanding any other provision in this Constitution purportedly prohibiting
522 or restricting the taxes and fees provided for herein.
HJR 103 15
523 (7) The unexpended balance existing in the fund shall be exempt from the provisions
524 of section 33.080, RSMo, or its successor provisions, relating to the transfer of unexpended
525 balances to the general revenue fund.
526 (8) For taxpayers authorized to do business pursuant to this Article, the amount that
527 would have been deducted in the computation of federal taxable income pursuant to 26 U.S.C.
528 Section 280E of the Internal Revenue Code as in ef fect on January 1, 2021, or successor
529 provisions, but is disallowed because cannabis is a controlled substance under federal law ,
530 shall be subtracted from the taxpayer's federal adjusted gross income, in determining the
531 taxpayer's Missouri adjusted gross income.
532 5. Additional Patient, Physician, Nurse Practitioner , Caregiver and Provider
533 Protections.
534 (1) Except as provided in this section, the possession of marijuana in quantities less
535 than the limits of this section, or established by the department, and transportation of
536 marijuana by the qualifying patient or primary caregiver shall not subject the possessor to
537 arrest, criminal or civil liability , or sanctions under Missouri law , provided that the possessor
538 produces on demand to the appropriate authority a valid qualifying patient identification card;
539 a valid qualifying patient cultivation identification card; a valid physician or nurse
540 practitioner certification while making application for an identification card; or a valid
541 primary caregiver identification card. Production of the respective substantially equivalent
542 identification card or authorization issued by another state or political subdivision of another
543 state shall also meet the requirements of this subdivision and shall allow for the purchase of
544 medical marijuana for use by a non-resident patient from a medical marijuana dispensary
545 facility as permitted by this section and in compliance with department regulations.
546 (2) No patient shall be denied access to or priority for an or gan transplant or other
547 medical care because they hold a qualifying patient identification card or use marijuana for
548 medical use.
549 (3) A physician or nurse practitioner shall not be subject to criminal or civil liability
550 or sanctions under Missouri law or discipline by the Missouri state board of registration for
551 the healing arts, the Missouri state board of nursing, or their respective successor agencies,
552 for owning, operating, investing in, being employed by , or contracting with any entity
553 licensed or certified pursuant to this section or issuing a physician or nurse practitioner
554 certification to a patient diagnosed with a qualifying medical condition in a manner consistent
555 with this section and legal standards of professional conduct.
556 (4) A health care provider shall not be subject to civil or criminal prosecution under
557 Missouri law , denial of any right or privilege, civil or administrative penalty or sanction, or
558 disciplinary action by any accreditation or licensing board or commission for owning,
559 operating, investing in, being employed by , or contracting with any entity licensed or certified
HJR 103 16
560 pursuant to this section or providing health care services that involve the medical use of
561 marijuana consistent with this section and legal standards of professional conduct.
562 (5) A marijuana testing facility shall not be subject to civil or criminal prosecution
563 under Missouri law , denial of any right or privilege, civil or administrative penalty or
564 sanction, or disciplinary action by any accreditation or licensing board or commission for
565 providing laboratory testing services that relate to the medical use of marijuana consistent
566 with this section and otherwise meeting legal standards of professional conduct.
567 (6) A health care provider shall not be subject to mandatory reporting requirements
568 for the medical use of marijuana by nonemancipated qualifying patients under eighteen years
569 of age in a manner consistent with this section and with consent of a parent or guardian.
570 (7) A primary caregiver shall not be subject to criminal or civil liability or sanctions
571 under Missouri law for purchasing, transporting, or administering marijuana for medical use
572 to a qualifying patient or participating in the patient cultivation of up to six flowering
573 marijuana plants, six nonflowering marijuana plants (over fourteen inches tall), and six clones
574 (plants under fourteen inches tall) per patient and no more than twenty-four flowering plants
575 for more than one qualifying patient in a manner consistent with this section and generally
576 established legal standards of personal or professional conduct.
577 (8) Notwithstanding any provision of Article V to the contrary , an attorney shall not
578 be subject to disciplinary action by the Supreme Court of Missouri, the of fice of chief
579 disciplinary counsel, the state bar association, any state agency , or any professional licensing
580 body for any of the following:
581 (a) Owning, operating, investing in, being employed by , or contracting with
582 prospective or licensed marijuana testing facilities, medical marijuana cultivation facilities,
583 medical marijuana dispensary facilities, medical marijuana-infused products manufacturing
584 facilities, or transportation certificate holders;
585 (b) Counseling, advising, and/or assisting a client in conduct permitted by Missouri
586 law that may violate or conflict with federal or other law , as long as the attorney advises the
587 client about that federal or other law and its potential consequences;
588 (c) Counseling, advising, and/or assisting a client in connection with applying for ,
589 owning, operating, or otherwise having any legal, equitable, or beneficial interest in
590 marijuana testing facilities, medical marijuana cultivation facilities, medical marijuana
591 dispensary facilities, medical marijuana-infused products manufacturing facilities, or
59 2 transportation certificates; or
593 (d) Counseling, advising or assisting a qualifying patient, primary caregiver ,
594 physician, nurse practitioner , health care provider or other client related to activity that is no
595 longer subject to criminal penalties under Missouri law pursuant to this Article.
HJR 103 17
596 (9) Actions and conduct by qualifying patients, primary caregivers, marijuana testing
597 facilities, medical marijuana cultivation facilities, medical marijuana-infused products
598 manufacturing facilities, or medical marijuana dispensary facilities licensed or registered
599 with the department, or their employees or agents, as permitted by this section and in
600 compliance with department regulations and other standards of legal conduct, shall not be
601 subject to criminal or civil liability or sanctions under Missouri law , except as provided for by
602 this section.
603 (10) Nothing in this section shall provide immunity for negligence, either common
604 law or statutorily created, nor criminal immunities for operating a vehicle, aircraft, dangerous
605 device, or navigating a boat under the influence of marijuana.
606 (1 1) It is the public policy of the state of Missouri that contracts related to marijuana
607 for medical use that are entered into by qualifying patients, primary caregivers, marijuana
608 testing facilities, medical marijuana cultivation facilities, medical marijuana-infused products
609 manufacturing facilities, or medical marijuana dispensary facilities and those who allow
610 property to be used by those entities, should be enforceable. It is the public policy of the state
611 of Missouri that no contract entered into by qualifying patients, primary caregivers, marijuana
612 testing facilities, medical marijuana cultivation facilities, medical marijuana-infused products
613 manufacturing facilities, or medical marijuana dispensary facilities, or by a person who
614 allows property to be used for activities that are exempt from state criminal penalties by this
615 section, shall be unenforceable on the basis that activities related to medical marijuana may
616 be prohibited by federal law .
617 (12) In the process of requesting a search or arrest warrant relating to the production,
618 possession, transportation or storage of marijuana, a state or local law enforcement of ficial
619 shall verify with the department whether the tar geted person is a qualifying patient or primary
620 caregiver holding an identification card allowing for cultivation of marijuana plants under
621 subdivision (12) of subsection 3 of this section, and shall inform the issuing authority
622 accordingly when making the warrant request. Evidence of marijuana alone, without specific
623 evidence indicating that the marijuana is outside of what is lawful for medical or adult use,
624 cannot be the basis for a search of a patient or non-patient, including their home, vehicle or
625 other property . Lawful marijuana related activities cannot be the basis for a violation of
626 parole, probation, or any type of supervised release. State and local law enforcement shall
627 only have access to such department information as is necessary to confirm whether the
628 tar geted person holds registration card.
629 (13) Registered qualifying patients on bond for pre-trial release, on probation, or
630 other form of supervised release shall not be prohibited from legally using a lawful marijuana
631 product as a term or condition of release, probation, or parole. An alternative sentencing drug
HJR 103 18
632 court program may not prohibit individuals under its jurisdiction from using a lawful
633 marijuana product as long as the individual is a registered qualifying patient.
634 (14) A family court participant or party who requires treatment for a qualified
635 medical condition in accordance with this section shall not be required to refrain from using
636 medical marijuana as a term or condition of successful completion of the family court
637 program. The status and conduct of a qualified patient who acts in accordance with this
638 section shall not, by itself, be used to restrict or abridge custodial or parental rights to minor
639 children in any action or proceeding under the jurisdiction of a family court under chapter
640 487, RSMo, including domestic matters under chapter 452, RSMo, or a juvenile court under
641 chapter 21 1, RSMo, or successor provisions.
642 (15) A person shall not be denied adoption, custody , or visitation rights relative to a
643 minor solely for conduct that is permitted by this section.
644 (16) No person shall be denied their rights under Article 1, Section 23 of the Missouri
645 Constitution, or successor provisions, solely for conduct that is permitted by this section.
646 6. Legislation.
647 Nothing in this section shall limit the general assembly from enacting laws consistent
648 with this section, or otherwise ef fectuating the patient rights of this section. The legislature
649 shall not enact laws that hinder the right of qualifying patients to access marijuana for medical
650 use as granted by this section.
651 7. Additional Provisions.
652 (1) Nothing in this section permits a person to:
653 (a) Consume marijuana for medical use in a jail or correctional facility;
654 (b) Undertake any task under the influence of marijuana when doing so would
655 constitute negligence or professional malpractice; or
656 (c) Operate, navigate, or be in actual physical control of any dangerous device or
657 motor vehicle, aircraft or motorboat while under the influence of marijuana. Notwithstanding
658 the foregoing, an arrest or a conviction of a person who has a valid qualifying patient
659 identification card for any applicable of fenses shall require evidence that the person was in
660 fact under the influence of marijuana at the time the person was in actual physical control of
661 the dangerous device or motor vehicle, aircraft or motorboat and not solely on the presence of
662 tetrahydrocannabinol (THC) or THC metabolites, or a combination thereof, in the person's
663 system; or
664 (d) Bring a claim against any employer , former employer , or prospective employer
665 for wrongful dischar ge, discrimination, or any similar cause of action or remedy , based on the
666 employer , former employer , or prospective employer prohibiting the employee, former
667 employee, or prospective employee from being under the influence of marijuana while at
HJR 103 19
668 work or disciplining the employee or former employee, up to and including termination from
669 employment, for working or attempting to work while under the influence of marijuana.
670 (2) No medical marijuana cultivation facility , marijuana testing facility , medical
671 marijuana dispensary facility , or medical marijuana-infused products manufacturing facility ,
672 or entity with a transportation certification shall be owned, in whole or in part, or have as an
673 of ficer , director , board member , manager , or employee, any individual with a disqualifying
674 felony of fense. A "disqualifying felony offense" is a violation of, and conviction or guilty
675 plea to, state or federal law that is, or would have been, a felony under Missouri law ,
676 regardless of the sentence imposed, unless the department determines that:
677 (a) The person's conviction was for the medical use of marijuana or assisting in the
678 medical use of marijuana; or
679 (b) The person's conviction was for a nonviolent crime for which he or she was not
680 incarcerated and that is more than five years old; or
681 (c) More than five years have passed since the person was released from parole or
682 probation, and he or she has not been convicted of any subsequent criminal of fenses.
683 The department may consult with and rely on the records, advice and
6 8 4 recommendations of the attorney general and the department of public safety , or their
685 successor entities, in applying this subdivision.
686 (3) No medical marijuana cultivation facility , medical marijuana dispensary facility ,
687 or medical marijuana-infused products manufacturing facility shall manufacture, package or
688 label marijuana or marijuana-infused products in a false or misleading manner . No person
689 shall sell any product in a manner designed to cause confusion between a marijuana or
690 marijuana-infused product and any product not containing marijuana. A violation of this
691 subdivision shall be punishable by an appropriate and proportional department sanction, up to
692 and including an administrative penalty of five thousand dollars and loss of license.
693 (4) All edible marijuana-infused products shall be sold in individual, child-resistant
694 containers that are labeled with dosage amounts, instructions for use, and estimated length of
695 ef fectiveness. All marijuana and marijuana-infused products shall be sold in containers
696 clearly and conspicuously labeled as mandated by the department as containing "Marijuana",
697 or a "Marijuana-Infused Product". V iolation of this prohibition shall subject the violator to
698 department sanctions, including an administrative penalty of five thousand dollars.
699 (5) No individual shall serve as the primary caregiver for more than six qualifying
700 patients. No primary caregiver cultivating marijuana for more than one qualifying patient
701 may exceed a total of twenty-four flowering plants.
702 (6) A person who smokes medical marijuana in a public place, other than in an area
703 licensed for such activity by the department or by local authorities having jurisdiction over
HJR 103 20
704 the licensing or permitting of said activity , is subject to a civil penalty not exceeding one
705 hundred dollars.
706 (7) No person shall extract resins from marijuana using dangerous materials or
707 combustible gases without a medical marijuana-infused products manufacturing facility
708 license. V iolation of this prohibition shall subject the violator to department sanctions,
709 including an administrative penalty of one thousand dollars for a patient or primary caregiver
710 and ten thousand dollars for a facility licensee and, if applicable, loss of their identification
711 card, certificate, or license for up to one year .
712 (8) All qualifying patient cultivation shall take place in an enclosed, locked facility
713 that is equipped with security devices that permit access only by the qualifying patient or by
714 such patient's primary caregiver . T wo qualifying patients, who both hold valid qualifying
715 patient cultivation identification cards, may share one enclosed, locked facility . Primary
716 caregivers cultivating marijuana for more than one qualifying patient may cultivate each
717 respective qualifying patient's flowering plants in a single, enclosed locked facility subject to
718 the limits of subsection 3, paragraph 12.
719 (9) No medical marijuana cultivation facility , medical marijuana dispensary facility ,
720 medical marijuana-infused products manufacturing facility , marijuana testing facility , or
721 entity with a transportation certification shall assign, sell, give, lease, sublicense, or otherwise
722 transfer its license or certificate to any other entity without the express consent of the
723 department, not to be unreasonably withheld.
724 (10) (a) Unless allowed by the local government, no new medical marijuana
725 cultivation facility , marijuana testing facility , medical marijuana dispensary facility , or
726 medical marijuana-infused products manufacturing facility shall be initially sited within one
727 thousand feet of any then-existing elementary or secondary school, child day-care center , or
728 church. In the case of a freestanding facility , the distance between the facility and the school,
729 daycare, or church shall be measured from the external wall of the facility structure closest in
730 proximity to the school, daycare, or church to the closest point of the property line of the
731 school, daycare, or church. If the school, daycare, or church is part of a lar ger structure, such
732 as an of fice building or strip mall, the distance shall be measured to the entrance or exit of the
733 school, daycare, or church closest in proximity to the facility . In the case of a facility that is
734 part of a lar ger structure, such as an of fice building or strip mall, the distance between the
735 facility and the school, daycare, or church shall be measured from the property line of the
736 school, daycare, or church to the facility's entrance or exit closest in proximity to the school,
737 daycare, or church. If the school, daycare, or church is part of a lar ger structure, such as an
738 of fice building or strip mall, the distance shall be measured to the entrance or exit of the
739 school, daycare, or church closest in proximity to the facility . Measurements shall be made
740 along the shortest path between the demarcation points that can be lawfully traveled by foot.
HJR 103 21
741 No local government shall prohibit medical marijuana cultivation facilities, marijuana testing
742 facilities, medical marijuana-infused products manufacturing facilities, or medical marijuana
743 dispensary facilities, or entities with a transportation certification either expressly or through
744 the enactment of ordinances or regulations that make their operation unduly burdensome in
745 the jurisdiction. However , local governments may enact ordinances or regulations not in
746 conflict with this section, or with regulations enacted pursuant to this section, governing the
747 time, place, and manner of operation of such facilities in the locality . A local government
748 may establish civil penalties for violation of an ordinance or regulations governing the time,
749 place, and manner of operation of a medical marijuana cultivation facility , marijuana testing
750 facility , medical marijuana-infused products manufacturing facility , medical marijuana
751 dispensary facility , or entity holding a transportation certification that may operate in such
752 locality .
753 (b) The only local government ordinances or regulations that are binding on a medical
754 facility are those of the local government where the medical facility is physically located.
755 (1 1) Unless superseded by federal law or an amendment to this Constitution, a
756 physician or nurse practitioner shall not certify a qualifying condition for a patient by any
757 means other than providing a physician or nurse practitioner certification for the patient,
758 whether handwritten, electronic, or in another commonly used format.
759 (12) A physician or nurse practitioner shall not issue a certification for the medical
760 use of marijuana for a nonemancipated qualifying patient under the age of eighteen without
761 the written consent of the qualifying patient's parent or legal guardian. The department shall
762 not issue a qualifying patient identification card on behalf of a nonemancipated qualifying
763 patient under the age of eighteen without the written consent of the qualifying patient's parent
764 or legal guardian. Such card shall be issued to one of the parents or guardians and not directly
765 to the patient. Only a parent or guardian may serve as a primary caregiver for a
766 nonemancipated qualifying patient under the age of eighteen. Only the qualifying patient's
767 parent or guardian shall purchase or possess medical marijuana for a nonemancipated
768 qualifying patient under the age of eighteen. A parent or guardian shall supervise the
769 administration of medical marijuana to a nonemancipated qualifying patient under the age of
770 eighteen.
771 (13) Nothing in this section shall be construed as mandating health insurance
772 coverage of medical marijuana for qualifying patient use.
773 (14) Real and personal property used in the cultivation, manufacture, transport,
774 testing, distribution, sale, and administration of marijuana for medical use or for activities
775 otherwise in compliance with this section shall not be subject to asset forfeiture solely
776 because of that use.
HJR 103 22
777 (15) Unless a failure to do so would cause an employer to lose a monetary or
778 licensing-related benefit under federal law , an employer may not discriminate against a
779 person in hiring, termination or any term or condition of employment or otherwise penalize a
780 person, if the discrimination is based upon either of the following:
781 (a) The person's status as a qualifying patient or primary caregiver who has a valid
782 identification card, including the person's legal use of a lawful marijuana product off the
783 employer's premises during nonworking hours, unless the person was under the influence of
784 medical marijuana on the premises of the place of employment or during the hours of
785 employment; or
786 (b) A positive drug test for marijuana components or metabolites of a person who has
787 a valid qualifying patient identification card, unless the person used, possessed, or was under
788 the influence of medical marijuana on the premises of the place of employment or during the
789 hours of employment.
790 Nothing in this subdivision shall apply to an employee in a position in which legal use
791 of a lawful marijuana product af fects in any manner a person's ability to perform job-related
792 employment responsibilities or the safety of others, or conflicts with a bona fide occupational
793 qualification that is reasonably related to the person's employment.
794 (16) The enactment of section 2 of this Article and concurrent amendments to section
795 1 of this Article shall have no ef fect upon any valid contract, claim, or cause of action
796 instituted prior to the ef fective date of this section.
797 8. Federal Legalization.
798 If federal law , rules, or regulations are amended to allow the interstate commerce of
799 marijuana or marijuana-infused products or the importation or exportation of marijuana or
800 marijuana-infused products into or out of the state of Missouri, the provisions and intent of
801 this section shall, to the extent possible, remain in full ef fect, unless explicitly preempted by
802 such federal law , rule, or regulation. If federal law , rules, or regulations are amended as
803 provided above, any marijuana or marijuana-infused products imported into this state shall be
804 subject to the same testing standards and seed to sale tracking system required under this
805 section for marijuana and marijuana-infused products produced within the state. Unless
806 federal law , rules, or regulations explicitly require otherwise, no entity shall sell, transport,
807 produce, distribute, deliver , or cultivate marijuana or marijuana-infused products without an
808 applicable license or certificate as required under this section. In addition, any raw biomass
809 of marijuana or marijuana flower imported from out-of-state shall be received only by a
810 licensed cultivation facility , while all batch oil, infused marijuana products and any marijuana
811 product in any other form shall be received only by a licensed manufacturing facility .
812 9. Severability .
HJR 103 23
813 The provisions of this section are severable, and if any clause, sentence, paragraph or
814 section of this measure, or an application thereof, is adjudged invalid by any court of
815 competent jurisdiction, the other provisions shall continue to be in effect to the fullest extent
816 possible.
Section 2. 1. Purpose.
2 The purpose of this section is to make marijuana legal under state and local law for
3 adults twenty-one years of age or older , and to control the commercial production and
4 distribution of marijuana under a system that licenses, regulates, and taxes the businesses
5 involved while protecting public health. The intent is to prevent arrest and penalty for
6 personal possession and cultivation of limited amounts of marijuana by adults twenty-one
7 years of age or older; remove the commercial production and distribution of marijuana from
8 the illicit market; prevent revenue generated from commerce in marijuana from going to
9 criminal enterprises; prevent the distribution of marijuana to persons under twenty-one years
10 of age; prevent the diversion of marijuana to illicit markets; protect public health by ensuring
11 the safety of marijuana and products containing marijuana; and ensure the security of
12 marijuana facilities. T o the fullest extent possible, this section shall be interpreted in
13 accordance with the purpose and intent set forth in this section.
14 This section is not intended to allow for the public use of marijuana, driving while
15 under the influence of marijuana, the use of marijuana in the workplace, or the use of
16 marijuana by persons under twenty-one years of age.
17 2. Definitions.
18 (1) "Church" means a permanent building primarily and regularly used as a place of
19 religious worship.
20 (2) "Comprehensive facility" means a comprehensive marijuana cultivation facility ,
21 comprehensive marijuana dispensary facility , or a comprehensive marijuana-infused products
22 manufacturing facility .
23 (3) "Comprehensive marijuana cultivation facility" means a facility licensed by the
24 department to acquire, cultivate, process, package, store on site or of f site, transport to or
25 from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as
26 clones) to a medical facility , comprehensive facility , or marijuana testing facility . A
27 comprehensive marijuana cultivation facility need not segregate or account for its marijuana
28 products as either non-medical marijuana or medical marijuana. A comprehensive marijuana
29 cultivation facility's authority to process marijuana shall include the creation of prerolls, but
30 shall not include the manufacture of marijuana-infused products.
31 (4) "Comprehensive marijuana dispensary facility" means a facility licensed by the
32 department to acquire, process, package, store on site or of f site, sell, transport to or from, and
33 deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones),
HJR 103 24
34 marijuana-infused products, and drug paraphernalia used to administer marijuana as provided
35 for in this section to a qualifying patient or primary caregiver , as those terms are defined in
36 section 1 of this Article, or to a consumer , anywhere on the licensed property or to any
37 address as directed by the patient, primary caregiver , or consumer and consistent with the
38 limitations of this Article and as otherwise allowed by law , to a comprehensive facility , a
39 marijuana testing facility , or a medical facility . Comprehensive dispensary facilities may
40 receive transaction orders at the dispensary directly from the consumer in person, by phone,
41 or via the internet, including from a third party . A comprehensive marijuana dispensary
42 facility need not segregate or account for its marijuana products as either non-medical
43 marijuana or medical marijuana, but shall collect all appropriate tangible personal property
44 sales tax for each sale, as set forth in this Article and provided for by general or local law . A
45 comprehensive marijuana dispensary facility's authority to process marijuana shall include
46 the creation of prerolls.
47 (5) "Comprehensive marijuana-infused products manufacturing facility" means a
48 facility licensed by the department to acquire, process, package, store, manufacture, transport
49 to or from a medical facility , comprehensive facility , or marijuana testing facility , and sell
50 marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility , a
51 marijuana testing facility , or another marijuana-infused products manufacturing facility . A
52 comprehensive marijuana-infused products manufacturing facility need not segregate or
53 account for its marijuana products as either non-medical marijuana or medical marijuana.
54 (6) "Consumer" means a person who is at least twenty-one years of age.
55 (7) "Daycare" means a child-care facility , as defined by section 210.20l, RSMo, or
56 successor provisions, that is licensed by the state of Missouri.
57 (8) "Department" means the department of health and senior services, or its successor
58 agency .
59 (9) "Entity" means a natural person, corporation, professional corporation, nonprofit
60 corporation, cooperative corporation, unincorporated association, business trust, limited
61 liability company , general or limited partnership, limited liability partnership, joint venture, or
62 any other legal entity .
63 (10) "Flowering plant" means a marijuana plant from the time it exhibits the first
64 signs of sexual maturity through harvest.
65 (1 1) "Infused preroll" means a consumable or smokable marijuana product, generally
66 consisting of: (l) a wrap or paper , (2) dried flower , buds, and/or plant material, and (3) a
67 concentrate, oil or other type of marijuana extract, either within or on the surface of the
68 product. Infused prerolls may or may not include a filter or crutch at the base of the product.
69 (12) "Local government" means, in the case of an incorporated area, a village, town,
70 or city and, in the case of an unincorporated area, a county .
HJR 103 25
71 (13) "Marijuana" or "marihuana" means Cannabis indica, Cannabis sativa, and
72 Cannabis ruderalis, hybrids of such species, and any other strains commonly understood
73 within the scientific community to constitute marijuana, as well as resin extracted from the
74 marijuana plant and marijuana-infused products. "Marijuana" or "marihuana" do not include
75 industrial hemp, as defined by Missouri statute, or commodities or products manufactured
76 from industrial hemp.
77 (14) "Marijuana accessories" means any equipment, product, material, or
7 8 combination of equipment, products, or materials, which is specifically designed for use in
79 planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,
80 converting, producing, processing, preparing, testing, analyzing, packaging, repackaging,
81 storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human
82 body .
83 (15) "Marijuana facility" means a comprehensive marijuana cultivation facility ,
84 comprehensive marijuana dispensary facility , marijuana testing facility , comprehensive
85 marijuana-infused products manufacturing facility , microbusiness wholesale facility ,
8 6 microbusiness dispensary facility , or any other type of marijuana-related facility or
87 business licensed or certified by the department pursuant to this section, but shall not
88 include a medical facility licensed under section l of this Article.
89 (16) "Marijuana-infused products" means products that are infused, dipped, coated,
90 sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products
91 that are able to be vaporized or smoked, edible products, ingestible products, topical products,
92 suppositories, and infused prerolls.
93 (17) "Marijuana microbusiness facility" means a facility licensed by the department
94 as a microbusiness dispensary facility or microbusiness wholesale facility , as defined in this
95 section.
96 (18) "Microbusiness dispensary facility" means a facility licensed by the department
97 to acquire, process, package, store on site or off site, sell, transport to or from, and deliver
98 marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-
99 infused products, and drug paraphernalia used to administer marijuana as provided for in this
100 section to a consumer , qualifying patient, as that term is defined in section 1 of this Article, or
101 primary caregiver , as that term is defined in section l of this Article, anywhere on the licensed
102 property or to any address as directed by the consumer , qualifying patient, or primary
103 caregiver and, consistent with the limitations of this Article and as otherwise allowed by law ,
104 a microbusiness wholesale facility , or a marijuana testing facility . Microbusiness dispensary
105 facilities may receive transaction orders at the dispensary directly from the consumer in
106 person, by phone, or via the internet, including from a third party . A microbusiness
107 dispensary facility's authority to process marijuana shall include the creation of prerolls.
HJR 103 26
108 (19) "Microbusiness wholesale facility" means a facility licensed by the department
109 to acquire, cultivate, process, package, store on site or of f site, manufacture, transport to or
110 from, deliver , and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known
111 as clones), and marijuana-infused products to a microbusiness dispensary facility , other
112 microbusiness wholesale facility , or marijuana testing facility . A microbusiness wholesale
113 facility may cultivate up to 250 flowering marijuana plants at any given time. A
114 microbusiness wholesale facility's authority to process marijuana shall include the creation of
115 prerolls and infused prerolls.
116 (20) "Marijuana testing facility" means a facility certified by the department to
117 acquire, test, certify , and transport marijuana, including those originally certified as a medical
118 marijuana testing facility .
119 (21) "Owner" means an individual who has a financial (other than a security interest,
120 lien, or encumbrance) or voting interest in ten percent or greater of a marijuana facility .
121 (22) "Preroll" means a consumable or smokable marijuana product, generally
122 consisting of: (l) a wrap or paper and (2) dried flower , buds, and/or plant material. Prerolls
123 may or may not include a filter or crutch at the base of the product.
124 (23) "Unduly burdensome" means that the measures necessary to comply with the
125 rules or ordinances adopted pursuant to this section subject licensees or potential licensees to
126 such a high investment of money , time, or any other resource or asset that a reasonably
127 prudent businessperson would not operate the marijuana facility .
128 3. Limitations.
129 (1) Except as otherwise provided in this Article, this section does not preclude, limit,
130 or affect laws that assign liability relative to, prohibit, or otherwise regulate:
131 (a) Delivery or distribution of marijuana or marijuana accessories, with or without
132 consideration, to a person younger than twenty-one years of age;
133 (b) Purchase, possession, use, or transport of marijuana or marijuana accessories by a
134 person younger than twenty-one years of age;
135 (c) Consumption of marijuana by a person younger than twenty-one years of age;
136 (d) Operating or being in physical control of any motor vehicle, train, aircraft,
137 motorboat, or other motorized form of transport while under the influence of marijuana.
138 Notwithstanding the foregoing, a conviction of a person who is at least twenty-one years of
139 age for any applicable of fenses shall require evidence that the person was in fact under the
140 influence of marijuana at the time the person was in physical control of the motorized form of
141 transport and not solely on the presence of tetrahydrocannabinol (THC) or THC metabolites,
142 or a combination thereof, in the person's system;
HJR 103 27
143 (e) Consumption of marijuana while operating or being in physical control of a motor
144 vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being
145 operated;
146 (f) Smoking marijuana within a motor vehicle, train, aircraft, motorboat, or other
147 motorized form of transport while it is being operated;
148 (g) Possession or consumption of marijuana or possession of marijuana accessories
149 on the grounds of a public or private preschool, elementary or secondary school, institution of
150 higher education, in a school bus, or on the grounds of any correctional facility;
151 (h) Smoking marijuana in a location where smoking tobacco is prohibited;
152 (i) Consumption of marijuana in a public place, other than in an area licensed by the
153 authorities having jurisdiction over the licensing and/or permitting of said activity , as set forth
154 in subsection 5 of this section;
155 (j) Conduct that endangers others;
156 (k) Undertaking any task while under the influence of marijuana, if doing so would
157 constitute negligence, recklessness, or professional malpractice; or
158 (l) Performing solvent-based extractions on marijuana using solvents other than
159 water , glycerin, propylene glycol, vegetable oil, or food-grade ethanol, unless licensed for this
160 activity by the department.
161 (2) This section does not limit any privileges, rights, immunities, or defenses of a
162 person or entity as provided in section l of this Article, or any other law of this state allowing
163 for or regulating marijuana for medical use.
164 (3) This section does not require an employer to permit or accommodate conduct
165 otherwise allowed by this section in any workplace or on the employer's property . This
166 section does not prohibit an employer from disciplining an employee for working while under
167 the influence of marijuana. This section does not prevent an employer from refusing to hire,
168 dischar ging, disciplining, or otherwise taking an adverse employment action against a person
169 with respect to hire, tenure, terms, conditions, or privileges of employment because that
170 person was working while under the influence of marijuana.
171 (4) This section allows an entity to prohibit or otherwise limit the consumption,
172 cultivation, distribution, processing, sale, or display of marijuana, marijuana-infused
173 products, and marijuana accessories on private property the entity owns, leases, occupies,
174 or manages, except that a lease agreement executed after the effective date of this section may
175 not prohibit a tenant from lawfully possessing and consuming marijuana by means other than
176 smoking.
177 (5) The enactment of this section and all concurrent amendments to section 1 of this
178 Article shall have no ef fect upon any valid contract, claim, or cause of action instituted prior
179 to the ef fective date of this section.
HJR 103 28
180 4. Regulation of Marijuana.
181 (1) In carrying out the implementation of this section and as conditioned herein, the
182 department shall have the authority to:
183 (a) Grant or refuse state licenses for the cultivation, manufacture, dispensing, and sale
184 of marijuana; suspend, restrict, or revoke such licenses upon a violation of this section or a
185 rule promulgated pursuant to this section; and impose any reasonable administrative penalty
186 authorized by this section or any general law enacted or rule promulgated pursuant to this
187 section, so long as any procedure related to a suspension or revocation includes a reasonable
188 cure period, not less than thirty days, prior to the suspension or revocation, except in instances
189 where there is a credible and imminent threat to public health or public safety;
190 (b) Promulgate rules and emer gency rules necessary for the proper regulation and
191 control of the cultivation, manufacture, dispensing, and sale of marijuana and for the
192 enforcement of this section so long as such rules are reasonable and not unduly burdensome;
193 (c) Develop such forms, certificates, licenses, identification cards, and applications as
194 are necessary for , or reasonably related to, the administration of this section or any of the
195 rules promulgated under this section;
196 (d) Require a seed-to-sale tracking system that tracks marijuana from either the seed
197 or immature plant stage until the marijuana or marijuana-infused product is sold to a qualified
198 patient, primary caregiver , or consumer to ensure that no marijuana grown by a medical
199 marijuana cultivation facility , comprehensive marijuana cultivation facility , or microbusiness
200 wholesale facility , or manufactured by a medical marijuana-infused products manufacturing
201 facility , a comprehensive marijuana-infused products manufacturing facility , or a
2 0 2 microbusiness wholesale facility is sold or otherwise transferred to a consumer , qualified
203 patient, or primary caregiver except by a medical marijuana dispensary facility , a
20 4 comprehensive dispensary facility , or a microbusiness dispensary facility . The department
205 shall certify all commercially available tracking systems that are compliant with its tracking
206 standards and issue standards for the creation or use of other systems by licensees;
207 (e) Issue standards for the secure transportation of marijuana and marijuana-infused
208 products. The department shall certify entities that demonstrate compliance with its
209 transportation standards to transport marijuana and marijuana-infused products to or from a
210 comprehensive facility , medical facility , microbusiness facility , another entity with a
211 transportation certification, or any entity licensed pursuant to paragraph (g) of this
212 subdivision. The department shall develop or adopt from any other governmental agency
213 such safety and security standards as are reasonably necessary for the transportation and
214 temporary storage of marijuana and marijuana-infused products. Any entity licensed or
215 certified pursuant to this section shall be allowed to transport its own inventory and products
216 in compliance with department transportation rules and store marijuana and marijuana-
HJR 103 29
217 infused products for the purposes related to transportation in compliance with department
218 regulations on secure storage of marijuana and marijuana-infused products;
219 (f) Promulgate rules and emer gency rules specific to the licensing, regulation, and
220 oversight of marijuana microbusiness facilities;
221 (g) Provide for the issuance of additional types or classes of licenses to operate
222 marijuana-related businesses that:
223 a. Allow for only transportation, delivery , or storage of marijuana; or
224 b. Are intended to facilitate scientific research or education.
225 (h) Prepare and transmit annually a publicly available report accounting to the
226 governor , the general assembly , and the public for the ef ficient dischar ge of all
2 2 7 responsibilities assigned to the department under this section. The report shall provide
228 aggregate data for each type of license (medical, comprehensive, and microbusiness) and
229 facility (dispensary , cultivation, manufacturers, wholesalers). Only non-identifying
2 3 0 information shall be provided regarding any marijuana facility owners;
231 (i) Establish a lottery selection process to select comprehensive facility licenses,
232 certificate holders, marijuana microbusiness licensees, but not medical facility licensees that
233 are converting to comprehensive licenses pursuant to this subsection. T o become eligible for
234 any license lottery selection process, an owner cannot have pleaded guilty or been found
235 guilty of a disqualifying felony , as that term is defined in subsection 9 of this section.
236 (j) In developing a lottery selection process to award licenses and certificates, the
237 department may consult or contract with other public agencies with relevant expertise.
238 (k) While not required as a prerequisite to participation in a comprehensive license
239 lottery , every comprehensive license applicant shall submit to the department a voluntary plan
240 to promote and encourage participation in the regulated marijuana industry by people from
241 communities that have been disproportionately impacted by marijuana prohibition. The plan
242 may include strategies to address geographical defined communities that have been
243 disproportionately impacted by marijuana prohibition; provide for ownership opportunities
244 for disproportionately impacted communities; and provide for employment, supplier , and
245 vendor opportunities for individuals and businesses in communities that have been
246 disproportionately impacted by marijuana prohibition. If licensed, any voluntary applicant
247 plan shall be enforceable by the department.
248 (l) Notwithstanding other grants of authority herein, neither the department nor any
249 governmental body may restrict the production or use of marijuana and marijuana-infused
250 products based solely upon THC content.
251 (m) Set a limit on the amount of marijuana that may be purchased in a single
252 transaction provided that limit is not less than three ounces of dried, unprocessed marijuana,
253 or its equivalent.
HJR 103 30
254 (n) Regulate the advertising and promotion of marijuana sales[ , but any such
255 regulation shall be no more stringent than comparable state regulations on the advertising and
256 promotion of alcohol sales ]. The department shall adopt rules with r estrictions on the
257 advertising and pr omotion of marijuana sales that are at least as stringent as the
258 r estrictions on the advertising and pro motion of cigar ettes imposed by federal laws and
259 r egulations.
260 (2) The department shall issue, at a minimum, the same number of comprehensive
261 marijuana cultivation facility licenses as were authorized or issued for medical marijuana
262 cultivation facilities under section 1 of this Article as of December 7, 2022, the same number
263 of comprehensive marijuana-infused products manufacturing facility licenses as were
264 authorized or issued for medical marijuana-infused products manufacturing facilities under
265 section 1 of this Article as of December 7, 2022, the same number of comprehensive
266 marijuana dispensary facility licenses with the same congressional distribution requirements
267 as were authorized or issued for medical marijuana dispensary facilities under section l of this
268 Article as of December 7, 2022, in addition to the minimum number of marijuana
269 microbusiness licenses as are required under this section. The department may lift or ease
270 any limit on the number of licensees or certificate holders in order to meet the demand for
271 marijuana in the state and to ensure a competitive market while also preventing an over -
272 concentration of marijuana facilities within the boundaries of any particular local
2 7 3 government.
274 (3) If comprehensive facility licenses become available because the number of total
275 issued licenses in any respective category falls below the minimum required under this
276 section or the department determines more comprehensive facility licenses are necessary to
277 meet the requirements of subdivision (2) of this subsection, the department shall award by
278 lottery at least fifty percent of any new licenses available to satisfy the minimum requirement
279 to applicants who are owners of a marijuana microbusiness facility that has been in operation
280 for at least one year and is in good standing with the department and is otherwise qualified for
281 the license.
282 (4) The department may issue any rules or emer gency rules necessary for the
283 implementation and enforcement of this section and to ensure the right to, availability , and
284 safe use of marijuana by consumers. In developing such rules or emer gency rules, the
285 department may consult or contract with other public agencies. In addition to any other rules
286 or emer gency rules necessary to carry out the mandates of this section, the department shall
287 issue rules or emer gency rules relating to the following subjects:
288 (a) Procedures for issuing a license and for renewing, suspending, and revoking a
289 license, so long as any procedure related to a suspension or revocation includes a reasonable
HJR 103 31
290 cure period, not less than thirty days, prior to the suspension or revocation, except in instances
291 where there is a credible and imminent threat to public health or public safety;
292 (b) Requirements and standards for safe cultivation, processing, and distribution of
293 marijuana and marijuana-infused products by marijuana facilities, including health standards
294 to ensure the safe preparation of marijuana-infused products;
295 (c) T esting, packaging, and labeling standards, procedures, and requirements for
296 marijuana and marijuana-infused products and a requirement that a representative sample of
297 marijuana be tested by a marijuana testing facility to ensure public health;
298 (d) Labeling standards that protect public health by requiring the listing of
299 pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol
300 (THC), cannabidiol (CBD), and other cannabinoid content, the THC and other cannabinoid
301 amount in milligrams per serving, the number of servings per package, and quantity limits per
302 sale to comply with the allowable possession amount;
303 (e) Requirements that packaging and labels shall not be made to be attractive to
304 children, required warning labels, and that marijuana and marijuana-infused products be sold
305 in resealable, child-resistant packaging to protect public health;
306 (f) Security requirements, including lighting, physical security , and alarm
3 0 7 requirements, and requirements for securely transporting marijuana between marijuana
308 facilities;
309 (g) Record keeping requirements for marijuana facilities and monitoring requirements
310 to track the transfer of marijuana by licensees;
311 (h) A plan to promote and encourage ownership and employment in the marijuana
312 industry by people from political subdivisions and districts that are economically distressed
313 and to positively impact those political subdivisions and districts;
314 (i) Administrative penalties as authorized by this section for failure to comply with
315 any rule promulgated pursuant to this section or for any violation of rules and regulations
316 adopted pursuant to this section by a licensee, including authorized administrative fines and
317 suspension, revocation, or restriction of a license. The licensee may choose to challenge any
318 penalties imposed by the department through the administrative hearing commission, or its
319 successor entity . Pursuant to section 536. l00, RSMo, or its successor provisions, any
320 licensee who has exhausted all administrative remedies provided by law and who is aggrieved
321 by a final decision in a contested case is entitled to judicial review;
322 (j) Reporting and transmittal of tax payments required under this section;
323 (k) Authorization for the department of revenue to have access to licensing
324 information to ensure tax payment and the effectiv e administration of this section; and
325 (l) Such other matters as are necessary for the fair , impartial, stringent, and
326 comprehensive administration of this section.
HJR 103 32
327 (5) The department shall issue rules or emer gency rules for a marijuana and
328 marijuana-infused products independent testing and certification program for marijuana
329 facility licensees and requiring licensees to test marijuana using one or more impartial,
330 independent laboratory or laboratories to ensure, at a minimum, correct labeling, potency
331 measurement, and that products sold for human consumption do not contain contaminants
332 that are potentially injurious to public health.
333 (6) The department shall issue rules or emer gency rules to provide for the
334 certification of and standards for marijuana testing facilities, including the requirements for
335 equipment and qualifications for personnel, but shall not require certificate holders to have
336 any federal agency licensing or have any relationship with a federally licensed testing facility .
337 No marijuana testing facility shall be owned by an entity or entities under substantially
338 common control, ownership, or management as a marijuana cultivation facility , marijuana-
339 infused products manufacturing facility , marijuana microbusiness facility , or marijuana
340 dispensary facility .
341 (7) All public records produced or retained pursuant to this section are subject to the
342 general provisions of the Missouri Sunshine Law , chapter 610, RSMo, or its successor
343 provisions. Notwithstanding the foregoing, public records containing proprietary business
344 information obtained from an applicant or licensee shall be closed. The applicant or licensee
345 shall label business information it believes to be proprietary prior to submitting it to the
346 department. Proprietary business information shall include sales information, financial
347 records, tax returns, credit reports, license applications, cultivation information unrelated to
348 product safety , testing results unrelated to product safety , site security information and plans,
349 and individualized consumer information. The presence of proprietary business information
350 shall not justify the closure of public records:
351 (a) Identifying the applicant or licensee;
352 (b) Relating to any citation, notice of violation, tax delinquency , or other enforcement
353 action;
354 (c) Relating to any public of ficial's support or opposition relative to any applicant,
355 licensee, or their proposed or actual operations;
356 (d) Where disclosure is reasonably necessary for the protection of public health or
357 safety; or
358 (e) That are otherwise subject to public inspection under applicable law .
359 (8) W ithin one hundred and eighty days of the ef fective date of this section, the
360 department shall make available to the public license application forms and application
361 instructions for marijuana microbusiness facilities. W ithin two hundred and seventy days of
362 the ef fective date of this section, the department shall start accepting such applications from
363 applicants.
HJR 103 33
364 (9) An entity may apply to the department for and obtain one or more licenses to
365 grow marijuana as a comprehensive marijuana cultivation facility . Each facility in operation
366 shall require a separate license, but multiple licenses may be utilized in a single facility . Each
367 indoor facility utilizing artificial lighting may be limited by the department to thirty thousand
368 square feet of flowering plant canopy space. Each outdoor facility utilizing natural lighting
369 may be limited by the department to two thousand eight hundred flowering plants. Each
370 greenhouse facility using a combination of natural and artificial lighting may be limited by
371 the department, at the election of the licensee, to two thousand eight hundred flowering plants
372 or thirty thousand square feet of flowering plant canopy . The license shall be valid for three
373 years from its date of issuance and shall be renewable, except for good cause. The
374 department shall char ge each applicant a non-refundable fee of twelve thousand dollars per
375 license application or renewal for all applicants filing an application within three years of the
376 ef fective date of this section and shall char ge each applicant a non-refundable fee of five
377 thousand dollars per license application or renewal thereafter . Once granted, the department
378 shall char ge each licensee an annual fee of twenty-five thousand dollars per facility license.
379 Application and license fees shall be increased or decreased each year by the percentage of
380 increase or decrease from the end of the previous calendar year of the Consumer Price Index,
381 or successor index as published by the U.S. Department of Labor , or its successor agency . An
382 entity may not be an owner of more than ten percent of the total marijuana cultivation facility
383 licenses outstanding under both sections 1 and 2 of this Article at any given time, rounded
384 down to the nearest whole number .
385 (10) An entity may apply to the department for and obtain one or more licenses to
386 operate a comprehensive marijuana dispensary facility . Each facility in operation shall
387 require a separate license. A license shall be valid for three years from its date of issuance
388 and shall be renewable, except for good cause. The department shall char ge each applicant a
389 non-refundable fee of seven thousand dollars per license application or renewal for each
390 applicant filing an application within three years of the effectiv e date of this section and shall
391 char ge each applicant a non-refundable fee of three thousand dollars per license application or
392 renewal thereafter . Once granted, the department shall char ge each licensee an annual fee of
393 ten thousand dollars per facility license. Application and license fees shall be increased or
394 decreased each year by the percentage of increase or decrease from the end of the previous
395 calendar year of the Consumer Price Index, or successor index as published by the U.S.
396 Department of Labor , or its successor agency . An entity may not be an owner of more than
397 ten percent of the total marijuana dispensary facility licenses outstanding under both sections
398 l and 2 of this Article at any given time, rounded down to the nearest whole number .
399 (1 1) An entity may apply to the department for and obtain one or more licenses to
400 operate a comprehensive marijuana-infused products manufacturing facility . Each facility in
HJR 103 34
401 operation shall require a separate license. A license shall be valid for three years from its date
402 of issuance and shall be renewable, except for good cause. The department shall char ge each
403 applicant a non-refundable fee of seven thousand dollars per license application or renewal
404 for each applicant filing an application within three years of the ef fective date of this section
405 and shall char ge each applicant a non-refundable fee of three thousand dollars per license
406 application or renewal thereafter . Once granted, the department shall char ge each licensee an
407 annual fee of ten thousand dollars per facility license. Application and license fees shall be
408 increased or decreased each year by the percentage of increase or decrease from the end of the
409 previous calendar year of the Consumer Price Index, or successor index as published by the
410 U.S. Department of Labor , or its successor agency . An entity may not be an owner of more
411 than ten percent of the total marijuana-infused products manufacturing facility licenses
412 outstanding under both sections l and 2 of this Article at any given time, rounded down to the
413 nearest whole number .
414 (12) An entity may apply to the department for and obtain only one license to operate
415 a marijuana microbusiness facility , which may be either a microbusiness dispensary facility or
416 a microbusiness wholesale facility . A marijuana microbusiness facility licensee may engage
417 in all of the activities allowed under the license or it may apply for and engage in a subset of
418 the activities allowed if the applicant or license holder so chooses. A microbusiness
419 wholesale facility may cultivate, process, manufacture, transport, and sell marijuana and
420 marijuana-infused products to any other marijuana microbusiness facility . A microbusiness
421 dispensary facility licensee may acquire from any other microbusiness facility , process,
422 package, deliver , and sell marijuana and marijuana-infused products to any other marijuana
423 microbusiness facility , or directly to qualified patients, their primary caregiver , or consumers.
424 A marijuana microbusiness license shall be valid for three years from its date of issuance and
425 shall be renewable, except for good cause. The department shall char ge each applicant a fee
426 of one thousand five hundred dollars per license application and for each subsequent license
427 renewal application thereafter . Any applicant that meets the criteria to apply for a marijuana
428 microbusiness facility license but is not chosen by the lottery system may have their
429 application fee refunded. Once granted, the department shall char ge each licensee an annual
430 fee of one thousand five hundred dollars per facility license, but there shall be no annual fee
431 assessed for the first year of licensure. Application and license fees shall be increased or
432 decreased each year by the percentage of increase or decrease from the end of the previous
433 calendar year of the Consumer Price Index, or successor index as published by the U.S.
434 Department of Labor , or its successor agency . An entity may not be an owner of more than
435 one marijuana microbusiness facility license. An owner of a marijuana microbusiness facility
436 may not also be an owner of another licensed marijuana facility or medical facility regulated
437 under this Article. However , the owner of a marijuana microbusiness facility may apply for a
HJR 103 35
438 license or licenses for other marijuana or medical marijuana facilities under this Article. If
439 granted one or more of these licenses, the marijuana microbusiness facility owner shall
440 transition to other licensed operations on a reasonably practical timetable established by the
441 department, and surrender its marijuana microbusiness facility license to the department for
442 issuance to an applicant for a marijuana microbusiness facility . In addition to other
443 requirements established by this section, an applicant for a marijuana microbusiness license
444 shall be majority owned by individuals who each meet at least one of the following
445 qualifications:
446 (a) Have a net worth of less than $250,000 and have had an income below two
447 hundred and fifty percent of the federal poverty level, or successor level, as set forth in the
448 applicable calendar year's federal poverty income guidelines published by the U.S.
449 Department of Health and Human Services or its successor agency , for at least three of the
450 ten calendar years prior to applying for a marijuana microbusiness facility license; or
451 (b) Have a valid service-connected disability card issued by the United States
452 Department of V eterans Af fairs, or successor agency; or
453 (c) Be a person who has been, or a person whose parent, guardian or spouse has been
454 arrested for , prosecuted for , or convicted of a non-violent marijuana of fense, except for a
455 conviction involving provision of marijuana to a minor , or a conviction of driving under the
456 influence of marijuana. The arrest, char ge, or conviction must have occurred at least one year
457 prior to the ef fective date of this section; or
458 (d) Reside in a ZIP code or census track area where:
459 a. Thirty percent or more of the population lives below the federal poverty level; or
460 b. The rate of unemployment is fifty percent higher than the state average rate of
461 unemployment; or
462 c. The historic rate of incarceration for marijuana-related of fenses is fifty percent
463 higher than the rate for the entire state; or
464 (e) Graduated from a school district that was unaccredited, or had a similar successor
465 designation, at the time of graduation, or has lived in a zip code containing an unaccredited
466 school district, or similar successor designation, for three of the past five years.
467 (13) The department may restrict the aggregate number of licenses granted for
468 marijuana microbusiness facilities, provided, however , that the number may not be limited to
469 fewer than the following number of licenses in each United States congressional district in the
470 state of Missouri pursuant to the map of each of the eight congressional districts as drawn and
471 ef fective on December 6, 2018:
472 (a) Six, once the department begins issuing licenses for marijuana microbusiness
473 facilities under this subsection, at least two of which shall be a microbusiness dispensary
474 facility , and at least four of which will be a microbusiness wholesale facility . The department
HJR 103 36
475 shall issue the first group of microbusiness licenses no later than three hundred days after the
476 ef fective date of this section;
477 (b) An additional six following the first two hundred and seventy days after the
478 department begins issuing licenses for marijuana microbusiness facilities under this
479 subsection, at least two of which shall be a microbusiness dispensary facility , and at least
480 four of which will be a microbusiness wholesale facility , but only after the chief equity
481 of ficer , or his or her designee, conducts a review and certifies that previous microbusiness
482 licenses were awarded to and are being operated by eligible applicants in good standing; and
483 (c) An additional six after the first five hundred and forty-eight days after the
484 department begins issuing licenses for marijuana microbusiness facilities under this
485 subsection, at least two of which shall be a microbusiness dispensary facility , and at least
486 four of which will be a microbusiness wholesale facility , but only after the chief equity
487 of ficer , or his or her designee, conducts a review and certifies that previous microbusiness
488 licenses were awarded to and are being operated in good standing by eligible applicants.
489 Future changes to the boundaries or the number of congressional districts shall have
490 no impact on microbusiness license numbers or distribution. The eligibility review set forth
491 in this subdivision shall be conducted by the chief equity officer within sixty days of issuance
492 of the licenses. The chief equity of ficer shall publish in a manner available to the public the
493 results of the review that contains only aggregate information on licensee eligibility criteria.
494 (14) W ithin 60 days after the ef fective date of this section, the department shall
495 appoint a chief equity of ficer . The chief equity of ficer shall assist with the development and
496 implementation of programs to inform the public of the opportunities available to those
497 people who meet the criteria set forth in paragraph (12) of this subsection. The chief equity
498 of ficer shall establish public education programming and tar geted technical assistance
499 programming dedicated to providing communities that have been impacted by marijuana
500 prohibition with information detailing the licensing process and informing individuals of the
501 support and resources that the of fice can provide to individuals and entities interested in
502 participating in activity licensed under this Article. The chief equity of ficer shall provide a
503 report to the department, no later than January l, 2024, and annually thereafter , of their and
504 the department's activities in ensuring compliance with the applicant criteria set forth in
505 paragraph (12) of this subsection, and the department shall provide such report to the
506 legislature. The chief equity of ficer may only be removed for cause and the department shall
507 not interfere with the of ficer's lawful of ficial activities under this section.
508 (15) Any medical marijuana cultivation facility , medical marijuana dispensary
509 facility , and medical marijuana-infused products manufacturing facility , holding an active
510 facility license under section 1 of this Article shall have the right to convert their license to a
511 comprehensive marijuana license, and any entity certified by the department to conduct
HJR 103 37
512 medical marijuana testing, transportation or seed-to-sale tracking, as of the ef fective date of
513 this section shall be deemed certified to conduct those activities with respect to all marijuana;
514 (16) Upon the effectiv e date of this section, any existing medical facility licensee may
515 request its medical facility license convert to that of a comprehensive facility license.
516 Conversion requests not processed within sixty days of department receipt shall be deemed
517 approved.
518 (17) W ith the exception of microbusiness licenses, and consistent with any limitations
519 set forth in this section, for the first five hundred and forty-eight days after the department
520 begins issuing licenses for marijuana facilities under this section, the department may only
521 issue a license:
522 (a) For a comprehensive marijuana cultivation facility to an entity holding a medical
523 marijuana cultivation facility license issued pursuant to section l of this Article seeking to
524 convert its licensure to that of a comprehensive marijuana cultivation facility at the same
525 location;
526 (b) For a comprehensive marijuana dispensary facility to an entity holding a medical
527 marijuana dispensary facility license issued pursuant to section 1 of this Article seeking to
528 convert its licensure to that of a comprehensive marijuana dispensary facility at the same
529 location; and
530 (c) For a comprehensive marijuana-infused products manufacturing facility to an
531 entity holding a medical marijuana-infused products manufacturing facility license issued
532 pursuant to section l of this Article seeking to convert its licensure to that of a comprehensive
533 marijuanainfused products manufacturing facility at the same location.
534 (18) The department shall issue a license to each request for a conversion to a
535 comprehensive marijuana facility license pursuant to subdivision (15) of this subsection if the
536 applicant is in good standing with the department.
537 (19) Notwithstanding the provisions of section 1 of this Article, if an existing medical
538 marijuana dispensary facility is located in a jurisdiction that prohibits non-medical retail
539 marijuana facilities under this section, or is otherwise prevented from operating a
540 comprehensive marijuana dispensary facility at the same location as the existing medical
541 marijuana dispensary facility , the medical marijuana dispensary facility may apply to the
542 department for a comprehensive marijuana dispensary license pursuant to subdivision (15) of
543 this subsection in a new location within the same congressional district, and such application
544 shall be granted so long as the new location meets all the requirements of this section and
545 department regulations.
546 (20) In addition to the foregoing, if the department has reason to believe that the
547 conversion of a medical facility into a comprehensive facility might limit or restrict access to
548 an adequate supply of marijuana and marijuana-infused products at a reasonable cost to
HJR 103 38
549 qualifying patients, as defined in section l of this Article, the department may request a plan
550 from the medical facility licensee which explains how the applicant would serve both the
551 medical and adult-use markets, while maintaining adequate supply at a reasonable cost to
552 qualifying patients.
553 (21) Comprehensive marijuana facilities licensed to distribute marijuana,
5 5 4 marijuana-infused products, and marijuana accessories directly to consumers pursuant to
555 this section may also distribute marijuana, marijuana-infused products, and marijuana
556 accessories to qualifying patients and primary caregivers consistent with section 1 of this
557 Article and department regulation.
558 (22) The department may char ge a fee not to exceed two thousand five hundred
559 dollars for any certification issued pursuant to this section. This fee limitation shall be
560 increased or decreased each year by the percentage of increase or decrease from the end of the
561 previous calendar year of the Consumer Price Index, or successor index as published by the
562 U.S. Department of Labor , or its successor agency .
563 (23) W ithin thirty days of December 8, 2022, the department shall make available to
564 the public application forms and application instructions for personal cultivation registration
565 cards. W ithin sixty days of December 8, 2022, the department shall begin accepting
566 applications for such registration cards.
567 (24) Except for good cause, a person at least twenty-one years of age may obtain a
568 registration card from the department to cultivate up to six flowering marijuana plants, six
569 nonflowering marijuana plants (over fourteen inches tall), and six clones (plants under
570 fourteen inches tall) for non-commercial use, provided:
571 (a) The plants and any marijuana produced by the plants in excess of three ounces are
572 kept at one private residence, are in a locked space, and are not visible by normal, unaided
573 vision from a public place; and
574 (b) Not more than twelve flowering marijuana plants are kept in or on the grounds of
575 a private residence at one time.
576 The card shall be valid for twelve months from its date of issuance and shall be
577 renewable. The department shall char ge an annual fee for the card of one hundred dollars,
578 with such rate to be increased or decreased each year by the percentage of increase or
579 decrease from the end of the previous calendar year of the Consumer Price Index, or
580 successor index as published by the U.S. Department of Labor , or its successor agency .
581 (25) All marijuana sold in Missouri pursuant to this section shall be cultivated in
582 Missouri.
583 (26) All marijuana-infused products sold in Missouri pursuant to this section shall be
584 manufactured in Missouri.
HJR 103 39
585 (27) The denial of a license or license renewal by the department shall be appealable.
586 The applicant may choose to challenge any denial by the department through the
587 administrative hearing commission, or successor entity . Pursuant to section 536.l00,
588 RSMo, or its successor provisions, any licensee who has exhausted all administrative
589 remedies provided by law and who is aggrieved by a final decision in a contested case is
590 entitled to judicial review .
591 (28) No elected of ficial shall interfere directly or indirectly with the department's
592 obligations and activities under this section.
593 (29) T o minimize the potential for undue political influence in awarding licenses, the
594 department shall review license applications using reasonable safeguards that ensure the
595 identity of the applicant and its principal owners, of ficers, and managers are not identified to
596 the application reviewer .
597 (30) T o ensure the consistent protection of public health and public safety , the
598 department shall have the sole authority within the state of Missouri to issue licenses for
599 marijuana facilities and certifications pursuant to this section.
600 (31) The department shall not have the authority to promulgate, apply , or enforce any
601 rule or regulation that is unduly burdensome or act to undermine the purposes of this section.
602 5. Local Control.
603 (1) (a) Except as provided in this subsection, a local government may prohibit the
604 operation of all microbusiness dispensary facilities or comprehensive marijuana dispensary
605 facilities regulated under this section from being located within its jurisdiction either through
606 referral of a ballot question to the voters by the governing body or through citizen petition,
607 provided that citizen petitions are otherwise generally authorized by the laws of the local
608 government. Such a ballot question shall be voted on only during the regularly scheduled
609 general election held on the first T uesday after the first Monday in November of a presidential
610 election year , starting in 2024, thereby minimizing additional local governmental cost or
611 expense. A citizen petition to put before the voters a ballot question prohibiting
612 microbusiness dispensary facilities or comprehensive marijuana dispensary facilities shall
613 be signed by at least five percent of the qualified voters in the area proposed to be subject to
614 the prohibition, determined on the basis of the number of votes cast for governor in such
615 locale at the last gubernatorial election held prior to the filing of the petition. The local
616 government shall count the petition signatures and give legal notice of the election as
617 provided by applicable law . Denial of ballot access shall be subject to judicial review .
618 (b) Whether submitted by the governing body or by citizen's petition, the question
619 shall be submitted in the following form: "Shall (insert name of local government) ban all
620 non-medical microbusiness dispensary facilities and comprehensive marijuana dispensary
621 facilities from being located within (insert name of local government and, where applicable,
HJR 103 40
622 its "unincorporated areas") and for go any additional related local tax revenue? ( ) Y es ( ) No."
623 If at least sixty percent of the votes cast on the question by the qualified voters voting thereon
624 are in favor of the question, then the ban shall go into effect as provided by law . If a question
625 receives less than the required sixty percent, then the jurisdiction shall have no power to ban
626 non-medical microbusiness dispensary facilities or comprehensive marijuana facilities
627 regulated under this section, unless voters at a subsequent general election on the first
628 T uesday after the first Monday in November of a presidential election year approve a ban on
629 non-medical retail marijuana facilities submitted to them by the governing body or by citizen
630 petition.
631 (2) (a) A local government may repeal an existing ban by its own ordinance or by a
632 vote of the people, either through referral of a ballot question to the voters by the governing
633 body or through citizen petition, provided that citizen petitions are otherwise generally
634 authorized by the laws of the local government. In the case of a referral of a ballot question
635 by the governing body or citizen petition to repeal an existing ban, the question shall be voted
636 on only during the regularly scheduled general election held on the first T uesday after the first
637 Monday in November of a presidential election year . A citizen petition to put before the
638 voters a ballot question repealing an existing ban shall be signed by at least five percent of the
639 qualified voters in the area subject to the ban, determined on the basis of the number of votes
640 cast for governor in such locale at the last gubernatorial election held prior to the filing of the
641 petition. The local government shall count the petition signatures and give legal notice of the
642 election as provided by applicable law . Denial of ballot access shall be subject to judicial
643 review .
644 (b) Whether submitted by the governing body or by citizen's petition, the question
645 shall be submitted in the following form: "Shall (insert name of local government) allow
646 non-medical microbusiness dispensary facilities and comprehensive marijuana dispensary
647 facilities to be located within (insert name of local government and where applicable, its
648 "unincorporated areas") as regulated by state law? ( ) Y es ( ) No." If a majority of the votes
649 cast on the question by the qualified voters voting thereon are in favor of the question, then
650 the ban shall be repealed.
651 (3) The only local government ordinances and regulations that are binding on a
652 marijuana facility are those of the local government where the marijuana facility is located.
653 (4) Unless allowed by the local government, no new marijuana facility shall be
654 initially sited within one thousand feet of any then-existing elementary or secondary school,
655 child day-care center , or church. In the case of a freestanding facility , the distance between
656 the facility and the school, daycare, or church shall be measured from the external wall of the
657 facility structure closest in proximity to the school, daycare, or church to the closest point of
658 the property line of the school, daycare, or church. If the school, daycare, or church is part of
HJR 103 41
659 a lar ger structure, such as an of fice building or strip mall, the distance shall be measured to
660 the entrance or exit of the school, daycare, or church closest in proximity to the facility . In the
661 case of a facility that is part of a lar ger structure, such as an of fice building or strip mall, the
662 distance between the facility and the school, daycare, or church shall be measured from the
663 property line of the school, daycare, or church to the facility's entrance or exit closest in
664 proximity to the school, daycare, or church. If the school, daycare, or church is part of a
665 lar ger structure, such as an of fice building or strip mall, the distance shall be measured to the
666 entrance or exit of the school, daycare, or church closest in proximity to the facility .
667 Measurements shall be made along the shortest path between the demarcation points that can
668 be lawfully traveled by foot.
669 (5) Except as otherwise provided in this subsection, no local government shall
670 prohibit marijuana facilities or entities with a transportation certification either expressly or
671 through the enactment of ordinances or regulations that make their operation unduly
672 burdensome in the jurisdiction. However , local governments may enact ordinances or
673 regulations not in conflict with this section, or with regulations enacted pursuant to this
674 section, governing the time, place, and manner of operation of such facilities in the locality .
675 A local government may establish civil penalties for violation of an ordinance or regulations
676 governing the time, place, and manner of operation of a marijuana facility or entity holding a
677 transportation certification that may operate in such locality .
678 (6) Local governments may enact ordinances or regulations not in conflict with this
679 section, or with regulations enacted pursuant to this section, governing:
680 (a) The time and place where marijuana may be smoked in public areas within the
681 locality; and
682 (b) The consumption of marijuana-infused products within designated areas,
683 including the preparation of culinary dishes or beverages by local restaurants for on-site
684 consumption on the same day it is prepared.
685 6. T axation and Reporting.
686 (1) A tax shall be levied upon the retail sale of non-medical marijuana sold to
687 consumers at marijuana facilities licensed pursuant to this section within the state. The tax
688 shall be at a rate of six percent of the retail price. The tax shall be collected by each licensed
689 retail marijuana facility and paid to the department of revenue. After retaining no more than
690 two percent of the total tax collected or its actual collection costs, whichever is less, amounts
691 generated by the marijuana tangible personal property retail sales tax levied in this section
692 shall be deposited by the department of revenue into the veterans, health, and community
693 reinvestment fund created under this subsection. Licensed entities making non-medical retail
694 sales within the state shall be allowed approved credit for returns provided the tax was paid on
HJR 103 42
695 the returned item and the purchaser was given the refund or credit. This tax shall not apply to
696 medical marijuana dispensed to a registered qualifying patient or caregiver .
697 (2) There is hereby created in the state treasury the "V eterans, Health, and
698 Community Reinvestment Fund" which shall consist of taxes and fees collected under this
699 section. The state treasurer shall be custodian of the fund, and he or she shall invest monies in
700 the fund in the same manner as other funds are invested. Any interest and moneys earned on
701 such investments shall be credited to the fund. Notwithstanding any other provision of law ,
702 any monies remaining in the fund at the end of a biennium shall not revert to the credit of the
703 general revenue fund. The commissioner of administration is authorized to make cash
704 operating transfers to the fund for purposes of meeting the cash requirements of the
705 department in advance of it receiving application, licensing, and tax revenue, with any such
706 transfers to be repaid as provided by law . The fund shall be a dedicated fund and shall be
707 distributed as follows:
708 (a) First, as determined by appropriation, to the department an amount necessary for
709 the department to carry out its responsibilities under this section, including repayment of any
710 cash operating transfers, payments made through contract or agreement with other state and
711 public agencies necessary to carry out this section, and a reserve fund to maintain a
712 reasonable working cash balance for the purpose of carrying out this section;
713 (b) Second, as determined by appropriation, to governmental entities in amounts
714 necessary for carrying out responsibilities in the expungement of criminal history records
715 under this section;
716 (c) Next, the remaining fund balance shall be distributed in thirds as follows:
717 a. One-third of the remainder of the fund balance shall be transferred to the Missouri
718 veterans commission and allied state agencies, as determined by appropriation, exclusively
719 for health care and other services for military veterans and their dependent families;
720 b. One-third of the remainder of the fund balance to the department to provide grants
721 to agencies and not-for -profit or ganizations, whether government or community-based, to
722 increase access to evidence-based low-barrier drug addiction treatment, prioritizing medically
723 proven treatment and overdose prevention and reversal methods and public or private
724 treatment options with an emphasis on reintegrating recipients into their local communities, to
725 support overdose prevention education, and to support job placement, housing, and
726 counseling for those with substance use disorders. Agencies and or ganizations serving
727 populations with the highest rates of drug-related overdose shall be prioritized to receive the
728 grants; and
729 c. One-third of the remainder of the fund balance to the Missouri public defender
730 system. Any moneys credited to the Missouri public defender system shall be used only for
731 legal assistance for low-income Missourians, shall not be diverted to any other purpose.
HJR 103 43
732 (d) All monies from the taxes and fees authorized hereunder shall provide new and
733 additional funding for the purposes enumerated above and shall not replace existing funding.
734 (e) The unexpended balance existing in the fund shall be exempt from the provisions
735 of section 33.080, RSMo, or its successor provisions, relating to the transfer of unexpended
736 balances to the general revenue fund.
737 (3) For all retail sales of marijuana, a record shall be kept by the seller of all amounts
738 and types of marijuana involved in the sale and the total amount of money involved in the
739 sale, including itemizations, taxes collected, and grand total sale amounts. All such records
740 shall be kept on the premises in a readily available format and be made available for review
741 by the department and the department of revenue upon request. Such records shall be
742 retained for five years from the date of the sale.
743 (4) The tax levied pursuant to this subsection is separate from and in addition to any
744 general state and local sales and use taxes that apply to retail sales, which shall continue to be
745 collected and distributed as provided by general law .
746 (5) Pursuant to Article III, Section 49 of this Constitution, the governing body of any
747 local government is authorized to impose, by ordinance or order , an additional sales tax in an
748 amount not to exceed three percent on all tangible personal property retail sales of adult use
749 marijuana sold in such political subdivision. The tax authorized by this paragraph shall be in
750 addition to any and all other tangible personal property retail sales taxes allowed by law ,
751 except that no ordinance or order imposing a tangible personal property retail sales tax under
752 the provisions of this paragraph shall be ef fective unless the governing body of the political
753 subdivision submits to the voters of the political subdivision, at a municipal, county or state
754 general, primary or special election, a proposal to authorize the governing body of the
755 political subdivision to impose a tax. Any additional local retail sales tax shall be collected
756 pursuant to general laws for the collection of local sales taxes.
757 (6) Except as authorized in this Article, no additional taxes shall be imposed on the
758 sale of marijuana.
759 (7) The fees and taxes provided for in this section shall be fully enforceable
760 notwithstanding any other provision in this Constitution purportedly prohibiting or restricting
761 the taxes and fees provided for herein.
762 (8) For taxpayers authorized to do business pursuant to this Article, the amount that
763 would have been deducted in the computation of federal taxable income pursuant to 26 U.S.C.
764 Section 280E of the Internal Revenue Code as in ef fect on January 1, 2021, or successor
765 provisions, but is disallowed because cannabis is a controlled substance under federal law ,
766 shall be subtracted from the taxpayer's federal adjusted gross income, in determining the
767 taxpayer's Missouri adjusted gross income.
768 7. Additional Protections.
HJR 103 44
769 (1) A marijuana testing facility shall not be subject to civil or criminal prosecution
770 under Missouri law , denial of any right or privilege, civil or administrative penalty or
771 sanction, or disciplinary action by any accreditation or licensing board or commission for
772 providing laboratory testing services that relate to marijuana consistent with this section and
773 otherwise meeting legal standards of professional conduct.
774 (2) Notwithstanding any provision of Article V to the contrary , an attorney shall not
775 be subject to disciplinary action by the Supreme Court of Missouri, the of fice of chief
776 disciplinary counsel, the state bar association, any state agency or any professional licensing
777 body for any of the following:
778 (a) Owning, operating, investing in, being employed by , or contracting with
779 prospective or licensed marijuana testing facilities, marijuana cultivation facilities, marijuana
780 dispensary facilities, marijuana-infused products manufacturing facilities, marijuana
7 8 1 microbusiness facilities, or transportation certificate holders;
782 (b) Counseling, advising, and/or assisting a client in conduct permitted by Missouri
783 law that may violate or conflict with federal or other law , as long as the attorney advises the
784 client about that federal or other law and its potential consequences;
785 (c) Counseling, advising, and/or assisting a client in connection with applying for ,
786 owning, operating, or otherwise having any legal, equitable, or beneficial interest in
787 marijuana testing facilities, marijuana cultivation facilities, marijuana dispensary facilities,
788 marijuana-infused products manufacturing facilities, marijuana microbusiness facilities, or
789 transportation certificates; or
790 (d) Counseling, advising or assisting a qualifying patient, primary caregiver ,
791 physician, nurse practitioner , health care provider , consumer , or other client related to activity
792 that is no longer subject to criminal penalties under Missouri law pursuant to this Article.
793 (3) Actions and conduct by marijuana facilities licensed or otherwise certified by the
794 department, or their employees or agents, as permitted by this section and in compliance with
795 department regulations and other standards of legal conduct, shall not be subject to criminal
796 or civil liability or sanctions under Missouri law , except as provided for by this section.
797 (4) The department may not promulgate a rule that requires a consumer to provide a
798 marijuana facility with identifying information other than identification to determine the
799 consumer's age.
800 (5) It is the public policy of the state of Missouri that contracts related to marijuana
801 that are entered into by marijuana facilities and those who allow property to be used by those
802 entities should be enforceable. It is the public policy of the state of Missouri that no contract
803 entered into by marijuana facilities, or by a person who allows property to be used for
804 activities that are exempt from state criminal penalties by this section, shall be unenforceable
805 on the basis that activities related to marijuana may be prohibited by federal law .
HJR 103 45
806 (6) Prior to requesting a search or arrest warrant relating to cultivation of marijuana
807 plants, a state or local law enforcement of ficial shall verify with the department whether the
808 tar geted person holds a registration card allowing for cultivation of flowering marijuana
809 plants under this section, and shall inform the issuing authority when making the warrant
810 request. Evidence of marijuana alone, without specific evidence indicating that the marijuana
811 is outside of what is lawful for medical or adult use, cannot be the basis for a search of a
812 patient or non-patient, including their home, vehicle or other property . Lawful marijuana
813 related activities cannot be the basis for a violation of parole, probation, or any type of
814 supervised release. State and local law enforcement shall have access to such department
815 information as is necessary to confirm whether the tar geted person holds a registration card.
816 Each time a state or local law enforcement of ficer executes a search warrant authorizing entry
817 upon premises for an alleged marijuana of fense, the of ficer must first knock or announce their
818 presence or purpose prior to entering the premises.
819 (7) (a) After executing a search warrant for an alleged marijuana of fense, or
820 conducting a warrantless search for an alleged marijuana offense, the of ficer shall report the
821 following information to the agency that employs the of ficer:
822 a. The reasons for the warrant or , in the case of a warrantless search, a detailed
823 account of either the probable cause or exigent circumstances, if any , which lead to the
824 warrantless search;
825 b. Whether any marijuana was discovered during the course of the search;
826 c. Whether any marijuana was seized during the search, and if so, the amount seized;
827 d. Whether any other contraband was discovered or seized in the course of the search,
828 and if seized, a description of the contraband;
829 e. A description of the tactics used by law enforcement to enter the property;
830 f. Whether an arrest was made as a result of the search; and
831 g. If an arrest was made, the crime suspected.
832 (b) Each law enforcement agency shall compile the data described in paragraph (a) of
833 this subdivision for the calendar year into a report and shall submit the report to the attorney
834 general no later than March first of the following calendar year . The attorney general shall
835 determine the format that all law enforcement agencies shall use to submit the report.
836 (c) The attorney general shall submit a summary of the annual reports of law
837 enforcement agencies to the governor , the general assembly , and each law enforcement
838 agency no later than June first of each year . The summary shall include the total number of
839 such warrants executed by each agency in the previous calendar year for alleged marijuana
840 of fenses, and a compilation of the information reported by law enforcement agencies pursuant
841 to paragraph (b) of this subdivision.
842 8. Legislation.
HJR 103 46
843 Nothing in this section shall limit the general assembly from enacting laws consistent
844 with the purposes and provisions of this section.
845 9. Additional Provisions.
846 (1) No owner of a marijuana facility or entity with a transportation certification shall
847 be an individual with a disqualifying felony of fense. A "disqualifying felony of fense" is a
848 violation of, and conviction or guilty plea to, state or federal law that is, or would have been, a
849 felony under Missouri law , regardless of the sentence imposed, unless the department
850 determines that:
851 (a) The person's conviction was for a marijuana of fense that has been expunged or is
852 currently eligible for expungement under this section; or
853 (b) The person's conviction was for a non-violent crime for which he or she was not
854 incarcerated and that is more than five years old; or
855 (c) More than five years have passed since the person was released from parole or
856 probation, and he or she has not been convicted of any subsequent felony criminal of fenses.
857 The department may consult with and rely on the records, advice, and
8 5 8 recommendations of the attorney general and the department of public safety , or their
859 successor entities, in carrying out the provisions of this subdivision.
860 (2) Owners licensed pursuant to this section shall submit fingerprints to the Missouri
861 state highway patrol for the purpose of conducting a state and federal fingerprint-based
862 criminal record check in accordance with U.S. Public Law 92-544, or its successor
863 provisions. The Missouri state highway patrol, if necessary , shall forward the fingerprints to
864 the Federal Bureau of Investigation (FBI) for the purpose of conducting a fingerprint-based
865 criminal background check. Fingerprints shall be submitted pursuant to section 43.543,
866 RSMo, or its successor provisions, and fees shall be paid pursuant to section 43.530, RSMo,
867 or its successor provisions. Unless otherwise required by law , no individual shall be required
868 to submit fingerprints more than once.
869 (3) No marijuana facility shall manufacture, package, or label marijuana or
870 marijuana-infused products in a false or misleading manner . No person shall sell any product
871 in a manner designed to cause confusion between marijuana or a marijuana-infused product
872 and any product not containing marijuana. A violation of this subdivision shall be punishable
873 by an appropriate and proportional department sanction, up to and including an administrative
874 penalty of five thousand dollars and loss of license.
875 (4) No marijuana facility may sell edible marijuana-infused candy in shapes or
876 packages that are attractive to children or that are easily confused with commercially sold
877 candy that does not contain marijuana. A violation of this subdivision shall be punishable by
878 an appropriate and proportional department sanction, up to and including an administrative
879 penalty of five thousand dollars and loss of license.
HJR 103 47
880 (5) All marijuana and marijuana-infused products shall be sold in individual,
881 child-resistant containers that are labeled with serving amounts, instructions for use, and
882 estimated length of ef fectiveness. All marijuana and marijuana-infused products shall be sold
883 in containers clearly and conspicuously labeled, as mandated by the department, as containing
884 "Marijuana" or a "Marijuana-Infused Product". V iolation of this subdivision shall subject the
885 violator to department sanctions, including an administrative penalty of five thousand dollars.
886 (6) A marijuana facility may not allow cultivation, manufacturing, sale, or display of
887 marijuana, marijuana-infused products, or marijuana accessories to be visible from a public
888 place outside of the marijuana facility without the use of binoculars, aircraft, or other optical
889 aids.
890 (7) A marijuana facility may not cultivate, manufacture, test, sell, or store marijuana
891 at any location other than a physical address approved by the department and within an
892 enclosed area that is secured in a manner that prevents access by persons not permitted by the
893 marijuana facility to access the area.
894 (8) A marijuana facility shall secure every entrance to the facility so that access to
895 areas containing marijuana is restricted to employees and other persons permitted by the
896 marijuana facility to access the area and to agents of the department or state and local law
897 enforcement of ficers and emer gency personnel and shall secure its inventory and equipment
898 during and after operating hours to deter and prevent theft of marijuana, marijuana-infused
899 products, and marijuana accessories.
900 (9) No marijuana facility may refuse representatives of the department the right to
901 inspect the licensed premises or to audit the books and records of the marijuana facility . A
902 facility that holds licenses issued under sections 1 and 2 of this Article shall comply with
903 inspection regulations and standards issued pursuant to both sections.
904 (10) No marijuana facility , or entity with a certification, shall assign, sell, give, lease,
905 sublicense, or otherwise transfer its license or certificate to any other entity without the
906 express consent of the department, not to be unreasonably withheld.
907 (1 1) Real and personal property used in the cultivation, manufacture, transport,
908 testing, distribution, sale, and administration of marijuana for activities otherwise in
909 compliance with this section shall not be subject to asset forfeiture solely because of that use.
910 (12) No person shall extract resins from marijuana using dangerous materials or
911 combustible gases without a medical marijuana-infused products manufacturing facility
912 license, marijuana-infused products manufacturing facility license, or a marijuana
9 1 3 microbusiness wholesale facility license. V iolation of this prohibition shall subject the
914 violator to department sanctions, including an administrative penalty of one thousand dollars
915 for an individual and ten thousand dollars for a facility licensee and, if applicable, loss of
916 certificate or license for up to one year .
HJR 103 48
917 10. Personal Use of Marijuana.
918 (1) Subject to the limitations in subsection 3 of this section, the following acts by a
919 person at least twenty-one years of age are not unlawful and shall not be an of fense under
920 state law or the laws of any local government within the state or be a basis to impose a civil
921 fine, penalty , or sanction, or be a basis to detain, search, or arrest, or otherwise deny any right
922 or privilege, or to seize or forfeit assets under state law or the laws of any local government:
923 (a) Purchasing, possessing, consuming, using, ingesting, inhaling, processing,
924 transporting, delivering without consideration, or distributing without consideration three
925 ounces or less of dried, unprocessed marijuana, or its equivalent;
926 (b) Possessing, transporting, planting, cultivating, harvesting, drying, processing, or
927 manufacturing up to six flowering marijuana plants, six nonflowering marijuana plants (over
928 fourteen inches tall), and six clones (plants under fourteen inches tall) provided the person is
929 registered with the department for cultivation of marijuana plants under this section,
930 provided:
931 a. The plants and any marijuana produced by the plants in excess of three ounces are
932 kept at one private residence, are in a locked space, and are not visible by normal, unaided
933 vision from a public place; and
934 b. Not more than twice the number of allowable plants under paragraph (b) of this
935 subdivision are kept in or on the grounds of a private residence at one time.
936 (c) Assisting another person who is at least twenty-one years of age in, or allowing
937 property to be used for , any of the acts permitted by this section; and
938 (d) Purchasing, possessing, using, delivering, distributing, manufacturing,
9 3 9 transferring, or selling to persons twenty-one years of age or older marijuana accessories.
940 (2) A person who, pursuant to this section, cultivates marijuana plants that are visible
941 by normal, unaided vision from a public place is subject to a civil penalty not exceeding two
942 hundred and fifty dollars and forfeiture of the marijuana.
943 (3) A person who, pursuant to this section, cultivates marijuana plants that are not
944 kept in a locked space is subject to a civil penalty not exceeding two hundred and fifty dollars
945 and forfeiture of the marijuana.
946 (4) A person who smokes marijuana in a public place, other than in an area licensed
947 for such activity by the authorities having jurisdiction over the licensing and/or permitting of
948 said activity , is subject to a civil penalty not exceeding one hundred dollars.
949 (5) A person who is under twenty-one years of age who possesses, uses, ingests,
950 inhales, transports, delivers without consideration or distributes without consideration three
951 ounces or less of marijuana, or possesses, delivers without consideration, or distributes
952 without consideration marijuana accessories is subject to a civil penalty not to exceed one
HJR 103 49
953 hundred dollars and forfeiture of the marijuana. Any such person shall be provided the option
954 of attending up to four hours of drug education or counseling in lieu of the fine.
955 (6) Subject to the limitations of this section, a person who possesses not more than
956 twice the amount of marijuana allowed pursuant to this subsection, produces not more than
957 twice the amount of marijuana allowed pursuant to this subsection, delivers without receiving
958 any consideration or remuneration to a person who is at least twenty-one years of age not
959 more than twice the amount of marijuana allowed by this subsection, or possesses with intent
960 to deliver not more than twice the amount of marijuana allowed by this subsection:
961 (a) For a first violation, is subject to a civil infraction punishable by a civil penalty not
962 exceeding two hundred and fifty dollars and forfeiture of the marijuana;
963 (b) For a second violation, is subject to a civil infraction punishable by a civil penalty
964 not exceeding five hundred dollars and forfeiture of the marijuana;
965 (c) For a third or subsequent violation, is subject to a misdemeanor punishable by a
966 fine not exceeding one-thousand dollars and forfeiture of the marijuana;
967 (d) A person under twenty-one years of age is subject to a civil penalty not to exceed
968 two hundred and fifty dollars. Any such person shall be provided the option of attending up
969 to eight hours of drug education or counseling in lieu of the fine; and
970 (e) In lieu of payment, penalties under this subsection may be satisfied by the
971 performance of community service. The rate of pay-down associated with said service option
972 will be the greater of $15 or the minimum wage in ef fect at the time of judgment.
973 (7) (a) Any person currently incarcerated in a prison, jail or halfway house, whether
974 by trial or open or negotiated plea:
975 a. Who would not have been guilty of an adult or juvenile of fense, had sections 1 and
976 2 of this Article been in ef fect at the time of the of fense; or
977 b. Who would have been guilty of a lesser adult or juvenile of fense had sections 1 and
978 2 of this Article been in ef fect at the time of the of fense; or
979 c. Who is serving a sentence for a marijuana of fense which is a misdemeanor , a class
980 E felony , or a class D felony , or successor designations, involving possession of three pounds
981 or less of marijuana, excluding of fenses involving distribution or delivery to a minor , any
982 of fenses involving violence, or any offense of operating a motor vehicle while under the
983 influence of marijuana;
984
985 may petition the sentencing court to vacate the sentence, order immediate release from
986 incarceration and other supervision by the department of corrections, and the expungement of
987 all government records of the case. Such expungement from all government records shall be
988 granted for all of the person's applicable marijuana of fenses, absent good cause for denial.
989 The ef fect of such orders shall be to restore such person to the status the person occupied prior
HJR 103 50
990 to such arrest, plea or conviction and as if such event had never taken place, and the
991 conviction and sentence shall be vacated as legally invalid. No person for whom such order
992 has been entered shall be held thereafter under any provision of any law to be guilty of
993 perjury or otherwise giving a false statement by reason of the person's failure to recite or
994 acknowledge such arrest, plea, trial, conviction, or expungement in response to any inquiry
995 made of the person for any purpose whatsoever , and no such inquiry shall be made for
996 information relating to an expungement. The court shall not assess any filing fee for these
997 filings. The of fice of the state public defender shall prepare and make readily available and
998 accessible a pleading form that may be filed pro se for this purpose. The circuit courts of the
999 state shall also make readily available and accessible this pleading form. W ithin ninety days
1000 of the effectiv e date of this section, the sentencing court shall complete the adjudication for
1001 all cases involving only misdemeanor marijuana of fenses. W ithin one hundred and eighty
1002 days of the ef fective date of this section, the sentencing court shall complete the adjudication
1003 for all cases involving class E, or successor designation, felony marijuana of fenses and, if
1004 applicable, any additional marijuana misdemeanor of fenses by such of fenders. W ithin two
1005 hundred and seventy days of the ef fective date of this section, the sentencing court shall
1006 complete the adjudication for all class D, or successor designation, felony cases involving
1007 three pounds or less of marijuana, as well as any lesser marijuana of fenses by such of fenders,
1008 if applicable. This shall not apply to of fenses while operating a commercial motor vehicle as
1009 defined in 49 CFR 390.5, or its successor provisions, in interstate or intrastate transportation
1010 unless otherwise exempted as found in section 307.400, RSMo, or its successor provisions.
1011 (b) Any person currently on probation or parole for a marijuana law violation,
1012 whether by trial or open or negotiated plea:
1013 a. Who would not have been guilty of an adult or juvenile of fense, had sections 1 and
1014 2 of this Article been in ef fect at the time of the of fense; or
1015 b. Who would have been guilty of a lesser adult or juvenile of fense had sections 1 and
1016 2 of this Article been in ef fect at the time of the of fense; or
1017 c. Who was convicted or plead guilty to a marijuana of fense which is a misdemeanor ,
1018 a class E felony , or a class D felony , or successor designations, involving the possession of
1019 three pounds or less of marijuana, excluding distribution or delivery to a minor or any of fense
1020 of operating a motor vehicle while under the influence of marijuana;
1021
1022 shall, upon the ef fective date of this section, have their sentence automatically vacated by the
1023 sentencing court, which shall order the immediate termination of supervision by the
1024 department of corrections, and the expungement of all government records of the case. Such
1025 expungement from all government records shall be granted for all of the person's applicable
1026 marijuana offenses , absent good cause for denial. The ef fect of such orders shall be to restore
HJR 103 51
1027 such person to the status the person occupied prior to such arrest, plea or conviction and as if
1028 such event had never taken place, and the conviction and sentence shall be vacated as legally
1029 invalid. No person for whom such order has been entered shall be held thereafter under any
1030 provision of any law to be guilty of perjury or otherwise giving a false statement by reason of
1031 the person's failure to recite or acknowledge such arrest, plea, trial, conviction, or
1032 expungement in response to any inquiry made of the person for any purpose whatsoever , and
1033 no such inquiry shall be made for information relating to an expungement. The court shall
1034 not assess any filing fee for these cases. This shall not apply to of fenses while operating a
1035 commercial motor vehicle as defined in 49 CFR 390.5, or its successor provisions, in
1036 interstate or intrastate transportation unless otherwise exempted as found in section 307.400,
1037 RSMo, or its successor provisions.
1038 (8) (a) W ithin six months of the ef fective date of this section, the circuit courts of this
1039 state shall order the expungement of the criminal history records of all misdemeanor
1040 marijuana of fenses for any person who is no longer incarcerated or under the supervision of
1041 the department of corrections. W ithin twelve months of the effectiv e date of this section, the
1042 circuit courts of this state shall order the expungement of criminal history records for all
1043 persons no longer incarcerated or under the supervision of the department of corrections but
1044 who have completed their sentence for any felony marijuana of fenses and any marijuana
1045 of fenses that would no longer be a crime after the ef fective dates of sections 1 and 2 of this
1046 Article, excluding distribution or delivery to a minor , any such of fenses involving violence, or
1047 any of fense of operating a motor vehicle while under the influence of marijuana. For all class
1048 A, class B and class C, or successor designations, felony marijuana of fenses, and for all class
1049 D, or successor designation, felony marijuana of fenses for possession of more than three
1050 pounds of marijuana, the circuit courts of this state shall order expungement of criminal
1051 history records upon the completion of the person's incarceration, including any supervised
1052 probation or parole. For the purposes of this subdivision, "criminal history record" means all
1053 information documenting an individual's contact with the criminal justice system, including
1054 data regarding identification, arrest or citation, arraignment, judicial disposition, custody , and
1055 supervision.
1056 (b) An expungement order shall be legally effectiv e immediately and the person
1057 whose record is expunged shall be treated in all respects as if he or she had never been
1058 arrested, convicted, or sentenced for the of fense, and the conviction and sentence shall be
1059 vacated as legally invalid. The court shall issue an order to expunge all records and files
1060 related to the arrest, citation, investigation, charge , adjudication of guilt, criminal
1 0 6 1 proceedings, and probation related to the sentence. The court shall provide notice of the
1062 expungement to the person who is the subject of the record at the person's last known address,
1063 the arresting agency , prosecuting attorneys, central state depository of criminal records, and
HJR 103 52
1064 any other entity that may have a record related to the order to expunge. The central state
1065 depository of criminal records shall provide notice of the expungement to the Federal Bureau
1066 of lnvestigation's National Crime Information Center , or its successor agency . The court shall
1067 issue the person a certificate stating that the of fense for which the person was convicted has
1068 been expunged and that its ef fect is to annul the record of arrest, conviction, and sentence.
1069 (c) The effect of such expungement shall be to restore such person to the status the
1070 person occupied prior to such arrest, plea, or conviction and as if such event had never taken
1071 place. Such person shall not be required to acknowledge the existence of such a criminal
1072 history record or answer questions about the record in any application for employment,
1073 license, or civil right or privilege or in an appearance as a witness in any proceeding or
1074 hearing, and may deny the existence of the record regardless of whether the person has
1075 received notice from the court that an expungement order has been issued on the person's
1076 behalf.
1077 (d) No person shall be prosecuted again for any of fense which has been vacated or
1078 expunged.
1079 (e) The court shall keep a special index of cases that have been expunged together
1080 with the expungement order and the certificate issued pursuant to this subsection. The index
1081 shall list only the name of the person convicted of the of fense, his or her date of birth, the
1082 docket number , and the criminal of fense that was the subject of the expungement. The special
1083 index and related documents shall be confidential and shall be physically and electronically
1084 segregated in a manner that ensures confidentiality and that limits access to authorized
1085 persons. The court may permit special access to the index and the documents for research
1086 purposes pursuant to the rules for public access to court records. The index and documents
1087 made available by the court may not include any identifying information.
1088 (9) A person currently under parole, probation, or other state supervision, or released
1089 awaiting trial or other hearing, may not be punished or otherwise penalized based solely on
1090 conduct that is permitted by this section.
1091 (10) No conduct permitted by this section shall constitute the basis for detention,
1092 search, or arrest; and except when law enforcement is investigating whether a person is
1093 operating a motor vehicle, train, aircraft, motorboat, or other motorized form of transport
1094 while under the influence of marijuana, the odor of marijuana or burnt marijuana, the
1095 possession or suspicion of possession of marijuana without evidence of a quantity in excess of
1096 the lawful amount, or the possession of multiple containers of marijuana without evidence of
1097 quantity in excess of the lawful amount shall not individually or in combination with each
1098 other constitute reasonably articulable suspicion of a crime. Marijuana and marijuana-infused
1099 products as permitted by this section are not contraband nor subject to seizure.
HJR 103 53
1100 (1 1) A person shall not be denied eligibility in public assistance programs or public
1101 benefits based solely on conduct that is permitted by this Article, unless required by federal
1102 law .
1103 (12) No person shall be denied their rights under Article 1, Section 23 of the Missouri
1104 Constitution, solely for conduct that is permitted by this section.
1105 (13) No person shall be denied parental rights, custody of, or visitation with a minor
1106 child by a state or local government executive agency based solely on conduct that is
1107 permitted by this section, unless the person's behavior is such that it creates an unreasonable
1108 danger to a minor child that can be established by clear and convincing evidence.
1109 1 1. Interstate Commerce.
1110 If federal law , rules, or regulations are amended to allow the interstate commerce of
1111 marijuana or marijuana-infused products or the importation or exportation of marijuana or
1112 marijuana-infused products into or out of the state of Missouri, the provisions and intent of
1113 this section shall, to the extent possible, remain in full ef fect, unless explicitly preempted by
1114 such federal law , rule, or regulation. If federal law , rules, or regulations are amended as
1115 provided above, any marijuana or marijuana-infused products imported into this state shall be
1116 subject to the same testing standards and seed-to-sale tracking system required under this
1117 section for marijuana and marijuana-infused products produced within the state. Unless
1118 federal law , rules, or regulations explicitly require otherwise, no entity shall sell, transport,
1119 produce, distribute, deliver , or cultivate marijuana or marijuana-infused products without an
1120 applicable license or certificate as required under this section. In addition, any raw biomass
1121 of marijuana or marijuana flower imported from out-of-state shall be received only by a
1122 licensed cultivation facility , while all batch oil, infused marijuana products and any marijuana
1123 product in any other form shall be received only by a licensed manufacturing facility .
1124 12. Severability .
1125 The provisions of this section are severable, and if any clause, sentence, paragraph or
1126 section of this measure, or an application thereof, is adjudged invalid by any court of
1127 competent jurisdiction, the other provisions shall continue to be in effect to the fullest extent
1128 possible.
1129 13. Eff ective Date.
1130 The provisions of this section shall become ef fective thirty days after the election, as
1131 provided by this Constitution.
✔
HJR 103 54