Adult-Use Q & A
Expungements are far more effective in helping defendants than pardons . President Biden issued pardons to approximately 6,500 federal defendants with low-level simple possession federal convictions late last year . However , a pardon by a President or a Governor only adds a line to the public record , noting that the pardon was issued on a specific date . Most employers , landlords , and lenders really do not care whether a pardon has been issued or not .
On the other hand , an expungement removes the record of the case entirely , at least from public records and , ideally , from all records maintained by any government agency . An expungement is , therefore , far more effective in accomplishing the goal of eliminating the negative impact of a prior conviction on the life of the defendant .
Dan Viets , J . D . is an attorney and one of the authors of Article XIV / “ Amendment 3 ” and chaired the Advisory Board of the campaign . He is the Missouri State Coordinator for NORML and a member of the national NORML Board of Directors . He can be reached at DanViets @ gmail . com or , visit www . DanViets . com .
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 .
Adult-Use Possession Limits and New Adult-Use Rules
The following public information is quoted directly from the Missouri Department of Health and Senior Services ( DHSS ).
Differences in the Medical Program Versus Adult-Use Program
● Patients : As of December 8 , 2022 – all approved patient ID card holders will be allowed a standard allotment of 6oz ( or more based on physician recommendation ) within a thirty-day period , with medical purchases at a 4 % ( State ) tax rate .
● Adult-use marijuana may be purchased by consumers who are at least twenty-one ( 21 ) years of age . Up to 3 ounces may be purchased in a single transaction , and consumers may be in possession of up to 3 ounces of marijuana at any time .
● Adult-use purchases will be taxed at 6 % in addition to any local or other taxes . ( Local tax is capped at 3 %). Example : The total Adult-Use tax could be 17 - 19 % when “ other ” taxes added .
When will adult-use marijuana be available to consumers ? Beginning December 8 , 2022 , consumers will be allowed to legally possess up to 3 ounces of marijuana . However , marijuana will not be available for consumers to purchase in a Missouri licensed dispensary facility until medical facility licensees convert their licenses to comprehensive facilities . On December 8th , 2022 the department will begin accepting requests for existing medical facility licensees to convert to a comprehensive facility . Because the department has 60 days from receipt to approve those requests , adult-use product could be available as early as February 2023 ( estimated sales to start February 6 ). Once approved , it is up to each comprehensive dispensary to decide when it will begin selling marijuana for adult use . Check with your local licensed dispensary on when it will begin selling to consumers .
What will be required for a consumer to make a purchase from the dispensary for adult-use ?
● Consumers will be required to present a valid government issued photo ID when purchasing adult-use products at a dispensary .
Change in patient application fees Patient / Caregiver ID application fees will remain the same . However , as of December 8 , 2022 , under new law , patient / caregiver cultivation ID application fees will be reduced to $ 50 . An updated fee schedule is available on the department ’ s ( DHSS ) website . Please check back periodically for current application fees ― https :// health . mo . gov / safety / cannabis / fee-schedule-pi . php
Consumer and Patient Possession Limits
Patient / Caregiver Purchase and Possession Limit
● Under the new law , an approved Patient ID card holder , or a Caregiver ID card holder on behalf of a licensed patient , may purchase up to 6 ounces of dried , processed marijuana or its equivalent within a 30-day period , unless a physician or nurse practitioner certifies the patient for a greater amount . A patient ID card holder , or caregiver ID card holder on behalf of a licensed patient , may be in possession of up to a 60-day supply ( 12 ounces , unless the patient has a physician or nurse practitioner certification authorizing more than 6 ounces in 30 days ).
Can qualifying patients be certified for more than 6 ounces ?
● Yes . Qualifying patients may be certified for more than 6 ounces if their certifying physician or nurse practitioner determines that there is a compelling reason to do so , and certifies the higher amount on the certification form .
Patient Cultivation Possession Limit
● Under the new law , approved Patient ID card holders who are cultivating marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf , may be in possession of up to a 90-day supply of dried , unprocessed marijuana or its equivalent , as long as any amount in excess of the patient ’ s 60-day supply remains in an approved enclosed , locked facility
What are possession limits of an approved caregiver ID card holder ?
● Approved caregiver ID holders may possess a separate legal limit for each qualifying patient under their care , for up to 6 patients ; and a separate legal limit for themselves if they are a qualifying patient . All marijuana in the caregiver ’ s possession shall be stored separately for each qualifying patient and labeled with the qualifying patient ’ s name .
● The legal limit for any licensed qualifying patient is a 60-day supply , unless that patient or the primary caregiver on behalf of that patient is licensed to cultivate .
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