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Early Release Eligibility from Prison or Jail for Marijuana Cases
by Dan Viets , J . D ., contributing writer
In addition to providing for automatic expungement of many thousands of Missouri marijuana cases , Article XIV , passed by Missouri voters in November of 2022 , amended our constitution to also allow for early release from prison , jail , probation , or parole for many others .
Anyone who is presently serving a sentence only for a marijuana-related offense or who is presently on probation or parole supervision because of a marijuana-related offense should contact an attorney to investigate whether he or she may be eligible for early release . Such relief is available to many marijuana defendants under Article XIV , Section 2 , 10 ., ( 7 )( a ). That provision of Article XIV states that any person currently incarcerated in a prison , jail , or halfway house who would not have been guilty of an offense if Article XIV had been in effect at the time of the offense , or who would have been guilty of a lesser offense had Article XIV been in effect is eligible to petition the Court for early release .
People who are presently serving a sentence for a marijuana offense that is a misdemeanor , a class E felony , or a class D felony involving three pounds or less , except for offenses involving distribution to a minor , an offense involving violence , or a marijuana DWI are definitely eligible for such relief . Some have erroneously read Article XIV to limit such relief to those convicted of possession of three pounds or less and to class D or E felonies or misdemeanors .
It is important to understand that early release is not limited to those offenses only . Under another provision of the law , it may be argued that one who is serving time for an offense involving much larger amounts may also be eligible . That is because the distribution of much larger amounts or the possession with intent to distribute much larger amounts of marijuana is now legal under Article XIV if one has a license from the state to do so . Of course , such licenses were not available until 2023 , when the state began implementing Article XIV . Nonetheless , some courts have accepted the argument that the possession and sale of unlimited amounts of marijuana are now legal , and therefore , those convicted of offenses involving amounts of marijuana greater than three pounds may be found eligible for early release and expungement .
Further , Article XIV provides that any person over the age of 21 in Missouri may legally distribute up to three ounces to another person over the age of 21 without payment or other consideration . Further , distributing or possessing with the intent to distribute up to
He then evaporated most of the water from that cannabis and found that the weight had been reduced by nearly 75 %! Therefore , I had a good basis for arguing to the Court that the 10 ounces of marijuana possessed by my client was ...
six ounces of marijuana is now a civil infraction punishable only by a fine . Therefore , people serving time or under supervision for an offense involving the distribution of six ounces or less are also clearly eligible for early release and expungement if the Court that sentenced them can be convinced that the offense involved less than six ounces of marijuana .
Further , Article XIV provides that up to three ounces of “ dried ” marijuana or its equivalent in the form of concentrates or edibles may be distributed legally without consideration . Likewise , distribution of up to six ounces is also now legal if done without consideration or if possessed with the intent to distribute , whether or not consideration would have been part of that distribution .
I recently litigated a case in which the defendant was serving time for possession with the intent to distribute approximately 10 ounces of marijuana . I employed the assistance of an expert witness , the owner of a hydroponic grow shop , who is himself a licensed cannabis cultivator under Article XIV . He testified to the Court that he had conducted a recent experiment in which he harvested and weighed a small amount of marijuana . He then evaporated most of the water from that cannabis and found that the weight had been reduced by nearly 75 %! Therefore , I had a good basis for arguing to the Court that the 10 ounces of marijuana possessed by my client was , in fact , when dried as Article XIV specifies , actually far less than six ounces .
There are other creative ways to interpret and argue the early release provisions of Article XIV . Anyone who believes he or she may be eligible for such relief should contact an attorney familiar with the specific details of Article XIV to see whether such a petition could result in early release .
Dan Viets , J . D . is Chair of the National Board of Directors of NORML , the National Organization for the Reform of Marijuana Laws . He is one of the authors of Article XIV and one of the leaders of the campaign for passage of both Section 1 and Section 2 of that law .
Notice : The information contained herein is not intended or a substitute for professional legal advice , but rather a sharing of knowledge and information based on research and experience .
10 May 2024