door neighbor , so long as no money is exchanged or other commercial transaction takes place .
The question of where a home cultivator can acquire seeds is passed over . Perhaps because patients can only grow medical marijuana for personal use , the Department issued a regulation requiring patient and caregiver medical marijuana cultivators to purchase seeds only from a licensed dispensary . Yet , the Initiative allows recreational marijuana home growers to give their flower to others . It follows that seeds should also be shareable so long as there is no commercial transaction . We just need to wait and see if and how the Department will oversee access to seeds when adult-use regulations are issued .
Personal Protections
Personal protections are also built into the Initiative for adults who legally consume marijuana . A few of the more straightforward protections include parental and tenant rights , eligibility for public assistance , and the right to keep and bear arms .
In family court , a person cannot be denied parental rights , custody of , or visitation with a minor child simply for consumption of marijuana . The court can limit parental rights under the adult-use initiative if the parent ’ s behavior creates “ an unreasonable danger to a minor child that can be established by clear and convincing evidence .”
A tenant cannot be prohibited from consuming marijuana in a lease agreement , so long as the lease agreement is executed after the Initiative ’ s effective date , December 8 , 2022 , and with one exception — a tenant can be prohibited from consumption by smoking .
Eligibility for public assistance programs or public benefits cannot be denied for individuals legally using medical or adult-use marijuana unless required by federal law . The Initiative ’ s drafters do not qualify the next right by federal law . That is , legal marijuana consumers cannot be denied their right to own and use guns as protected in Article I , Section 23 of the Missouri Constitution .
Be sure to watch for the October issue as we bring more details about the Adult-use Initiative on the November 8th ballot .
For more news about the legalization , see “ Secretary of State Certifies Legal Missouri 2022 citizens ’ Initiative Petition ,” news release from 8 / 9 / 22 at www . TheEvolutionMag . com .
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 .