The Missouri Secretary of State announced on Tuesday last week that it had certified the signatures collected for a constitutional amendment as submitted by an organization called “legal Missouri.” After competing with two other ballot initiative signature collecting drives all summer, Legal Missouri pulled through and submitted nearly 215,000 names of Missouri residents who support their petition. Despite an insufficient number of signatures for certain congressional districts submitted to the Republican Secretary of State John R. Ashcroft (of that Ashcroft family, certified Amendment 3 is going to appear on the November general election ballot.
If Amendment 3 is passed, there will be more of the same: medical marijuana licenseholders would receive priority for recreational licenses; many of these licenseholders are white-owned, monopolistic corporations originating from other states.
Amendment 3 is perhaps one of the worst recreational cannabis laws that our state could possibly pass. While there is clearly no shortage of interest or support in legalization recreational use of cannabis, the EYE will focus on all of the ways that Amendment 3 will cause further harm to Missouri citizens while allowing out-of-state cannabis corporations to exploit us.
First and foremost, Legal Missouri has touted that Amendment 3 was based on the 2018 medical cannabis ballot petition that was passed. Huge problems were created by the passage of that bill, including racist scoring for cultivation and dispensary licenses and a “capped” number of licenses, which contributed to inequalities within the cannabis industry. By setting the predetermined limit of 192 marijuana-related licenses that could be issued, the State of Missouri has engaged in market interference by causing artificial scarcity and higher prices, shutting out minority- and women-owned businesses, and encouraging monopolies.
If Amendment 3 is passed, there will be more of the same: medical marijuana licenseholders would receive priority for recreational licenses; many of these licenseholders are white-owned, monopolistic corporations originating from other states.
In other words, Amendment 3 was not drafted to benefit consumers or to add to Missouri’s tax base, but to further line the pockets for mega-corporations who have capitalized on the unfair market created by Missouri Republicans who see an opportunity for a grift.
Truly, should we have expected any legalization bill drafted by swamp lobbyist Steve Tilley and disgraced former state house speaker John Diehl to be fair, equitable, and without exploitation?
Shame on us, if we did.
Second, proponents of Amendment 3 point to the “expungements” allowed under the recreational legalization bill, but that provision also falls far from being helpful to most individuals. Amendment 3 expungements are only automatic for certain misdemeanor possessions – not for A, B, C, and D felonies, which make up a large number of drug-related offenses charged each year. For reference, current state law states that the possession of more than 35 grams (1.2 ounces) a Class D felony. Expungements in Missouri cost thousands to obtain, including $400-500 for court filing fees and even more to hire an attorney to navigate the already-complex system. Expungements also are not guaranteed, and a judge can prevent an expungement with “good cause for denial” — which is not defined or explained in Amendment 3.
The proposed constitutional amendment would further require individuals who are currently serving sentences for non-violent marijuana possessions to complete the remainder of those sentences, specifying that expungements are “for any person who is no longer incarcerated or under the supervision of the department of corrections.”
Public consumption of cannabis is still barred under Amendment 3 and there are still no employment protections for persons who medically or recreationally use cannabis outside of work and on their own time. Possessing more than three ounces is still a jailable offense. Persons under 21 are prohibited from any cannabis use, regardless of their medical status, and public consumption (including both smoking and eating edibles) remains a Class A Misdemeanor.
Amendment 3 establishes the new, specific crimes embedded within the State Constitution of “cultivat[ing] marijuana plants that are visible by normal, unaided vision from a public place” and “cultivat[ing] marijuana plants that are not kept in a locked space.”
Simply put, Amendment 3 does not decriminalize marijuana or its use. But as with everything else in Missouri politics: follow the money.
Legal Missouri’s MEC records paint a clear picture of the driving forces behind Amendment 3. Dozens of out-of-state corporations have poured hundreds of thousands of dollars into Amendment 3, including at least $300,000 by Washington DC-based New Approach Advocacy Fund, $250,000 by California-based company BD Health Ventures LLC, $430,000 by Arkansas-originating company Good Day Farms LLC, and $55,000 by Chicago-based Grassroots OpCo MO, LLC.
Missouri-based companies have also dropped massive donations into Legal Missouri’s coffers, such as Proper Cannabis’ New Growth Horizon Fund ($347,500) and BeLeaf Medical LLC ($100,000). There’s of course nearly $30,000 in contributions to Amendment A by Relax PAC, founded and led by Bradford Goette, a former executive for Dirt Cheap and MillerCoors. Relax PAC previously was associated with secret, potentially illegal donations made by embattled lobbyist Travis Brown, currently in exile after very public break-ups with both his ex-wife and Rex Sinquefield, and by dark money funders connected to former governor and sexual-charges-plagued Eric Greitens.
In total and on the books, Legal Missouri has raised nearly $3 million since launching in September 2020.
Each of the companies we specifically mentioned above (with the exception of the DC lobbying firm) already holds a medical marijuana license with the State of Missouri, meaning that these companies would receive a “priority” status in applying for recreational marijuana licenses. In other words, by paying for their support of Amendment 3, the existing cannabis mega-corporations are all but guaranteeing the issuance of their recreational cultivation and dispensary licenses and essentially shutting out the possibility for any smaller farms or businesses.
“This initiative eliminates nearly all competition through constitutionally protected license caps,” Christina Thompson of ShowMe Canna-Freedom stated earlier this year during a legislative public safety committee meeting. “Recreational licenses created under the initiative will go straight to established businesses as well, meaning instead of opening up more business opportunities for others, money only goes to those who are already profiting.”
Although the 2018 medical marijuana amendment was presented to voters as having “equity” provisions to ensure representation by African Americans, women, and other minority business owners, the grim reality is that most of the licenses issued by the state were given to white men.
So, here’s the deal: recreational marijuana is going to pass in the State of Missouri. Voters overwhelmingly supported the passage of medical marijuana in 2018, and having three ballot petitions competing for a place on the November ballot further underscores that support. More than 60% of Missourians support the legalization of adult-use cannabis. There is no doubt that these efforts would be backed by voters.
But this also means that voters who support the legalization of cannabis use have a choice, and we do not have to settle for bad constitutional amendments that don’t fix previous harm caused and stand to cause more damage to marginalized communities.
A “better” legalization bill would include provisions for the automatic expungement of all marijuana-related offenses and the immediate release of all persons presently serving sentences for possession and trafficking crimes. All persons currently serving sentences for crimes related to cannabis would be immediately released and restored of all of their civil rights. An amendment worthy of your vote would decriminalize all marijuana-related crimes, not repackage them as civil penalties or fines. Licenses would be distributed to businesses who haven’t already had a chance to enter the market, and priority of those licenses should be to minority-owned entities. Employers would be barred from requiring drug testing for marijuana use as a condition for work. There would be true equity and justice for communities historically impacted by aggressive criminal codes and the War on Drugs.
An informed electorate knows that since constitutional amendments are difficult to rescind, it is very important to reject Amendment 3. Missouri voters have waited a long time to weigh in on recreational marijuana legislation but they should also remember that there can be an opportunity for better, more equitable recreational marijuana legislation in the future if Amendment 3 is stopped.