The EVOLUTION Magazine August 2022 | Page 41

Qualifying Marijuana Offenses
In broad strokes , qualifying marijuana offenses vary depending on the offender ’ s status .
1 . No longer incarcerated or supervised : Qualifying offenses are all misdemeanors ; and subject to exclusions , felonies and any marijuana offenses that would no longer be a crime under the medical marijuana and adult-use cannabis amendments to the Missouri Constitution .
2 . Upon completion of incarceration and supervision : With no exceptions , all class A , B , and C felony marijuana offenses and all class D felony marijuana offenses for possession of more than three pounds of marijuana qualify .
3 . Currently incarcerated and currently supervised : Qualifying offenses are all offenses that would not have been an adult or juvenile offense or would have been a lesser adult or juvenile offense had medical and adult-use marijuana law been in effect at the time of the offense . Subject to exclusions , a misdemeanor , a class E felony , or a class D felony involving possession of three pounds or less of marijuana also qualify .
Excluded Marijuana Offenses
Exclusions to qualifying offenses also depend on the offender ’ s status . The general rule is that marijuana offenses are excluded if they involve ( i ) distribution or delivery to a minor , ( ii ) violence , or ( iii ) the operation of a motor vehicle while under the influence of marijuana . Exceptions to the general rule , for example , include a blanket right to expungement of marijuana misdemeanors for individuals who completed incarceration and any supervision .
The Initiative ’ s intention is , in part , “ to prevent … penalty for personal possession and cultivation of limited amounts of marijuana ….” By focusing on fulfilling this intention , the Initiative ’ s expungement provisions may be more consistently implemented statewide . You can help yourself now by investigating the Initiative ’ s impact on your marijuana offense , including reaching out to organizations already helping with record expungement , such as Exit-Now .
Next month we ’ ll dive deeper … Stay tuned !
Denise B . McCracken practices cannabis law with a compliance focus at her St . Louis-based law firm D . B . McCracken Law , LLC , also doing business as Dogwood Advisors . Ms . McCracken represents licensees and third-party service providers in various cannabis-related matters . She was voted Missouri ’ s Best Industry Lawyer in 2022 and is the author of “ Missouri Cannabis Laws and Regulations , 2020 .” A Notre Dame Law School graduate , Ms . McCracken is licensed in Missouri and Illinois .
Notice : This publication provides general information only and should not be construed as formal legal advice nor the formation of a lawyer / client relationship . Always consult your attorney for any legal advice .
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