The Context and Legal Framework Surrounding Missouri Amendment 2 and Medical Marijuana Licensure

The Context and Legal Framework Surrounding Missouri Amendment 2 and Medical Marijuana Licensure

 As of November 6, 2018, Missouri voters chose to vote in favor of legalizing medical marijuana production, sale and usage. The yes votes doubled the no votes at 64.59% against 34.41%. With the acceptance of this amendment into Missouri’s Constitution, marijuana was deemed legal for medical purposes only. However, the wheels powering the passing of this amendment had been turning for a while. 

Campaigns, organizations and programs have rallied support for the legalization of medical marjiuana in Missouri for a long time. Their efforts in dispersing information as well as promoting medical marijuana played a key role in the polls. One of the leading campaigns behind the ballot initiative for Missouri Amendment 2 was New Approach Missouri or NAM. Their campaign alone raised $1.78 million in favor of passing the amendment. The organization received an endorsement from the National Organization for the Reform of Marijuana Laws as well as the Marijuana Policy Project. There were 2 other bills on medical marijuana law opposing Amendment 2 in Missouri: Amendment 3 and Proposition C. Find the Cures led the campaign for Amendment 3 while Missourians for Patient Care led the campaign for Proposition C. 

New Approach Missouri made the following statement regarding their campaigning efforts towards Amendment 2:

“Amendment 2 provides for a safe, responsible and veteran-centered way forward to make Missouri the 31st state to allow medical marijuana. It puts healthcare decisions back into the hands of doctors and their patients, and, of the three ballot options, is the only one backed by a true coalition of patients, veterans and doctors. As a constitutional amendment, it becomes a permanent part of Missouri law, providing certainty to Missouri patients. Amendment 2 is a stark contrast to Amendment 3, the other medical marijuana constitutional amendment on the ballot. Amendment 2 requires the Missouri Department of Health to act swiftly and enable implementation by drafting rules and regulations to administer the law. Amendment 2 levies a reasonable tax rate of 4% on medical marijuana sales and the revenue generated funds veterans’ services in the state. This funding mechanism is supported by patients, veterans and the healthcare community. New Approach Missouri is a coalition of medical professionals, patients, former public safety officials, and advocates working to pass Amendment 2 because we believe it is the best way forward to legalize medical marijuana for patients with serious and debilitating illnesses.” 

FAQ About Missouri Amendment 2 

  1. What is the number of qualifying conditions set under this amendment?
  • There are 9 qualifying conditions :
  • Cancer;
  • Epilepsy;
  • Glaucoma;
  • Intractable migraines unresponsive to other treatment;
  • A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including but not limited to those associated with multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome;
  • Debilitating psychiatric disorders, including, but not limited to, post-traumatic stress disorder, if diagnosed by a state licensed psychiatrist;
  • Human immunodeficiency virus or acquired immune deficiency syndrome;
  • A chronic medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication;
  • Any terminal illness
  • In the professional judgment of a physician, any other chronic, debilitating or other medical condition, including, but not limited to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia and wasting syndrome. 

    2. How much medical marijuana can a patient have in their possession at once? 

  • The Missouri Department of Health and Senior Citizens is to set a limit of no more than 4 ounces of dried marijuana or the equivalent in a 30 day period. A higher possession amount may be permitted after a written certification from two independent physicians. 

   3. How many marijuana plants are citizens permitted to grow at home? 

  • Licensed medical marijuana users may grow up to 6 plants from home in an approved, secure facility. 

   4. How will the tax revenue from medical marijuana sales be distributes?

  • Revenue from taxes will be distributed to healthcare services, job training, housing assistance and other services to help veterans. 

  5.  What is the estimated government revenue following the implementation of Missouri Amendment 2?

  • $24  million dollars is the estimated government revenue 

 6. What is the estimated government cost following the implementation of Missouri Amendment 2?

  • $7 million dollars is the estimated government cost 

 7.  What are the provisions regarding the regulation of medical marijuana in Missouri? 

  • Local bans are not allowed for Missouri Amendment 2. However, local governments can regulate the location placement of medical marijuana facilities as well as the time and manner of their operations.

 8.  How long will a medical marijuana patient certification last? 

  • A certification will last from the date of its issue and be valid for exactly one year. 

9. Will Missouri accept medical marijuana cards from other states? 

  • No, in order to have access, an individual must be a resident of Missouri as well as a member of the Missouri medical marijuana program. 

10. Can minors obtain a medical marijuana license? 

  • No, in order to receive your license you must be 18 years or older. 

Missouri Amendment 2 & Medical Marijuana Licensure with Carson & Coil

Carson and Coil can provide legal assistance on a wide range of topics regarding medical marijuana licensure: business, financial, compliance, regulations and basic legal framework surrounding this relatively new, uncharted territory of law in Missouri. Our attorneys have the necessary practice in law when it comes to helping clients in highly-regulated businesses. Our team is always up to date on the latest provisions and stays in tune with ever evolving practice of law. Our medical marijuana compliance lawyers will work closely with our clients in order to successfully help them achieve their goal.

For more information on medical marijuana licensure, call Carson and Coil to begin working together. 

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