Floridians get to free the weed at the ballot box Nov. 5. What’s at stake? Scores of weed arrests, and at least $200 million per year in tax revenue for a massive, newly-legal economy.  Also, tens of millions of dollars more in criminal justice savings from fewer arrests and prison sentences.  That $200 million figure […]

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I’m a full Florida native, having been born and raised in Tampa before adventuring outside this state. When I was a younger stoner I remember visiting an “arcade” that was really just a discreet room in a shopping strip mall stacked with underground vendors – jars of edibles, mushrooms, and ounces of weed…it was the most quantity I had ever seen. 

Fast forward to a few months ago, when I noticed a recently opened Cookies dispensary ten minutes down the road from me. Florida has come a long way, but what a long and strange trip it has been down the road to legalization.

Ironing Out the Details 

In the November election later this year, Florida will have a chance to expand its billion-dollar medical market to full recreational. Amendment Three, also known as the Marijuana Legalization Initiative, would allow adults over the age of 21 or older to buy and possess up to 3 ounces of product. 

This would grant existing licensed medical operators in the state to grow, manufacture, and sell to the new adult-use market. The details don’t clarify if it will open up licenses to new businesses. 

Earlier this year, State Attorney Ashley Moody argued that the Marijuana Legalization  Initiative was misleading and detrimental to the state’s legal market. The Florida Supreme Court overruled the State Attorney’s claims, ensuring Amendment 3 a place on the ballot. 

What You Need to Know Before Voting on Florida’s Amendment 3 

A recent poll surveyed 56% of Florida voters support this recreational bill, just shy of the 60% voter approval required for this Florida Amendment to pass. Not every legal cannabis state requires this voter approval rate, but only three states have been able to exceed it – Arizona, New Jersey, and Maryland. Will Florida follow suit?

Amendment 3 makes no mention of expungement of prior cannabis records or social equity reform. Home growing is not allowed in this initiative either – which is one of the many factors in this bill that have many of us in the Sunshine State conflicted. 

1) Trulieve’s Ticket

Smart & Safe Florida is a campaign in full support of this initiative. The campaign believes cannabis legalization will bring more transparent regulations and improve quality control. 

Over the past year, the campaign raked in $39.55 million solely from the biggest multi-state operator in the FL market: Trulieve. Since the legalization of medical cannabis in 2016, this mega-corporation has grown to have a huge influence on Florida’s market, despite Trulieve CEO Kim River and her husband’s scandalous way to the top (although Florida tends to wear political corruption with style). 

With Trulieve fully funding and supporting the initiative, many consider the company’s support of Amendment 3 a step towards dominating the potential recreational market.

2) Ready to Go Recreational 

Legalizing adult use of cannabis in Florida would turn the Sunshine State’s already billion-dollar medical program into one of the nation’s largest recreational markets.

Many brands like Cookies, Jungle Boys, and Planet 13 have moved in as Florida medical dispensaries. Over the years, I’ve often seen someone walk into one of these more “cannabis-branded” stores without a medical card hoping to buy an eighth. 

The state is ready to go recreational. Whether it will be a fair playing field is truly up to Florida lawmakers – who, in all honesty, don’t have a great track record for doing the right thing. Growing a legal market in Florida will require more than policymakers presuming what’s right for our industry. We need cultivators, processors, business owners, and consumers to speak out with a higher solution. 

3) “No Home Grow, No Vote” 

The Amendment’s prohibition of home grow has been a hot debate by many in the FL cannabis community. Many see this detail solely as an advantage to the already successful medical multi-state operators in the industry. 

Florida stoners who are against the bill argue that waiting until the next election cycle to legalize will give more opportunity and time for smaller businesses to write their own counter-proposal, which can include home grow details.

Around the same time Smart & Safe Florida was collecting signatures, the Home Cultivation for Medical Marijuana Initiative was campaigning for the right for adult patients to cultivate medical cannabis. This initiative was founded by Wise & Free Florida, a group advocating for patients’ freedom in growing medicine. When a representative from Trulieve was asked about their support of this initiative, their response was a “big thumbs up.” 

4) A Disgusted DeSantis

Since Amendment 3 was announced to hit the ballot this year, Florida’s Governor has not been shy about his dislike for psychoactive cannabis and all its potential. Governor Ron DeSantis openly discourages passing the bill, predicting that voters won’t surpass the 60% threshold. 

Gov. DeSantis has made it clear on his feelings about recreational cannabis, calling the proposal “radical” and arguing that it will “reduce the quality of life” in the state – questioning why people would want to “smell it in the streets when taking your family to dinner.” 

His complaints about the plant don’t end there though– the latest calculated move from his office threw a curveball that Florida’s industry did not see coming. 

5) The Hemp Curveball 

Florida Senate Bill 1698 is a proposed measure going after the Farm Bill loophole. It would ban hemp-derived cannabinoids like Delta-8 and Delta-10 THC. This bill would restrict Delta-9 THC products to 5 milligrams per serving or 50 milligrams per package. It’s clear this bill would severely shake up Florida’s established hemp industry. 

When SB 1698 was awaiting signature from Gov. DeSantis, it was hinted that his office would unexpectedly veto the bill under a leadership strategy akin to “the enemy of my enemy is my friend,” – hoping to pit the hemp industry against Amendment 3. Interesting. 

Soon after the Governor vetoed the bill, claiming, “Small businesses are the cornerstone of Florida’s economy…the bill would impose debilitating regulatory burdens on small businesses and almost certainly fail to achieve its purposes.” 

Right on, Ron – this veto saves hundreds of mom and pop shops and hemp cultivators. But I’m personally having trouble making sense of a Governor who is in such strong support of hemp but in bold opposition of cannabis. (Does somebody want to tell him both plants come from the same Cannabaceae family?)

Dazed, Confused & in Disbelief 

I don’t care whether you are someone who consumes consistently or just ‘know a guy’ you pick up from every once in a while. Whether you smoke or you don’t, understanding what Amendment 3 could mean for Florida is important for your future, our community, and the next generation. 

If I’m being honest to myself (and publicly to you all), I’m extremely torn about my stance on Amendment 3. Of course, I want it to be legalized in the state for adult use. I would love to see all non-violent criminals and those previously charged for the plant be free with expunged records. It would be incredible to see a market expand and open up jobs and opportunities for others in the community, not just those funded with oversized pockets. Let’s see less shame in the consumer game so I can enjoy my happy hour joint instead of gin, or so my Dad could walk into a dispensary to buy pre-rolls “just for fun.” Let’s shift the negative stigma and focus on better-quality products and resources. 

Given the complicated nature of cannabis and politics, is all of that really going to happen if this bill were to pass? Or will it only directly benefit corporate cannabis? 

For many of us Floridians, this feels like our one shot at legalizing cannabis in the state. Is it better to have one foot in the door than to be locked out completely? We’ll see what November brings. 

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Florida Republican Governor Ron DeSantis on Monday announced the establishment of a new political action committee to fund a campaign to defeat a ballot measure to legalize recreational marijuana in the state. Dubbed the Florida Freedom Fund, the new PAC will also raise money to help defeat a separate initiative to protect abortion rights that will appear on the ballot for the November general election.

The political committee was formed in late May, Politico reported on Monday. The group is chaired by James Uthmeier, the governor’s chief of staff who also served as campaign manager for DeSantis’ failed bid for the presidency. The move comes as the governor works to reestablish his leadership over the Florida Republican Party after his failed presidential bid caused his influence to wane.

The Florida Freedom Fund was formed to raise money for the campaign against Amendment 3, which would amend the Florida Constitution to legalize the possession and use of cannabis for adults. The political committee also has set its sights on Amendment 4, which would firmly establish the right to abortion in the Florida Constitution.

Amendment 3 Would Legalize Weed in Florida

More than one million voters signed petitions to place Amendment 3 on the ballot for the 2024 general election. If passed, the constitutional amendment initiative would allow the state’s current providers of medical marijuana, which was legalized in Florida in 2016, to begin selling cannabis to all adults aged 21 and up. Adults would be allowed to purchase up to three ounces of marijuana at a time, including no more than five grams of cannabis concentrates. The bill does not include provisions to expunge past cannabis convictions or the home cultivation of marijuana, which activists feared would lead the Supreme Court to block the measure based on state laws that limit ballot initiatives to a single subject.

The proposed constitutional amendment also allows state lawmakers to authorize additional adult-use cannabis business licenses, although there is no requirement for the legislature to do so. The initiative retains Florida’s current vertically integrated business structure, which requires operators to control the production and marketing of marijuana from seed to sale.

A source familiar with the governor’s plans but not authorized to speak about them said that in addition to the marijuana and abortion initiatives, the Florida Freedom Fund would support other races on the ballot, including seats for local school board elections. A spokesperson for the fund confirmed to Politico that the committee would target races other than Amendments 3 and 4.

“As Gov. Ron DeSantis continues to lead our great state, the Florida Freedom Fund will be championing issues and candidates committed to preserving Floridians’ freedom,” said Taryn Fenske, a spokesperson for the governor, according to a report from Politico. “From up and down ballot races to critical amendments, we’re steadfast in our mission to keep Florida free.”

After the launch of the political committee was announced, a spokesperson for Smart & Safe Florida, the group backing the marijuana legalization initiative, noted that the funds raised by the Florida Freedom Fund will be split between the two amendment initiatives and other races throughout the state. By contrast, the Smart & Safe Florida campaign has already raised more than $60 million, according to state data, with over $13 million cash on hand and a $5 million ad buy currently engaging with voters across the state.

“We are proud of the campaign we are building and the broad support we have across the political spectrum throughout Florida,” Morgan Hill, spokesperson for Smart & Safe Florida, wrote in a statement emailed to High Times. “Just last week, a new Fox News poll showed a large majority of Republicans, Democrats, and Independents support Amendment 3. It’s clear Floridians are more ready than ever to legalize recreational adult-use marijuana.”

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With just shy of six months to go until Election Day, the campaign to legalize recreational cannabis in Florida is kicking into high gear as sponsor Smart & Safe Florida announced the release of a batch of new ads aimed to educate voters on the amendment and increase support.

According to a news release from Smart & Safe Florida, four ads are set to air statewide across broadcast, cable, streaming, radio and digital platforms.

The ads feature a variety of Floridians, including mothers, business professionals and a former law enforcement officer and Vietnam War veteran, speaking in favor of Amendment 3 and explaining why residents should have the freedom to consume safe and regulated cannabis.

Smart & Safe Florida spent $5 million on the ad campaign.

Florida’s New Recreational Weed Ad Campaign: A Closer Look

The four ads touch on many of the same themes, though each has its own unique focus surrounding why Florida voters should support Amendment 3 this November.

The “Freedom” ad features retired U.S. Army Col. Wilson Barnes, who references the current policies as “outdated,” costing many Floridians their freedom while highlighting his military service as a means to defend that freedom. 

The “Available” ad primarily highlights the current abundance of illicit cannabis in the state and the potential dangers of consuming unregulated and untested products. The “Clear Choice” ad poses a “no” vote on Amendment 3 as a means to continue allowing “cartel criminals to profit from illegal marijuana laced with toxic chemicals and dangerous drugs” and a “yes” vote as providing more consumer safety.

The “Vote Yes” ad is the only full-minute clip and touches on most of the points of the other three 30-second ads. All of the advertisements also note that the amendment would provide more freedom for residents and generate revenue for schools, police and safer communities.

“A yes vote on Amendment 3 will improve the health and safety of Floridians,” the news release states — a similar message to the verbiage utilized in the four advertisements. “Access to regulated adult-use marijuana would help prevent illicit cartel-trafficked marijuana from making its way into Florida, as well as allow law enforcement to focus on violent crime. Without regulation, these products can be laced with dangerous materials including heavy metals, pesticides, glass, heroin, fentanyl and other illegal substances.”

Upping the Ante and Closing Gaps for Approval

The amendment was approved for the ballot early last month after the Florida Supreme Court ruled that the challenges from Attorney General Ashley Moody — who argued that the measure was misleading and doesn’t inform voters about federal prohibition — were invalid.

A “yes” vote on Amendment 3 supports legalizing adult-use cannabis and permitting possession of up to three ounces of flower and up to five grams of concentrate, and a “no” opposes adult-use legalization and all it would pertain.

The campaign comes after recent polling suggesting that support for legal recreational cannabis in Florida is strong, but may not be enough to actually pass the amendment come Election Day.

In Florida, measures must gain 60% support in order to pass. 

A recent USA Today/Ipsos survey found that 56% of registered Florida voters, and 49% of Florida adults overall, support the measure. Another poll released earlier this month also falls short of the required threshold for approval, finding that 58% of Florida voters support legalizing adult-use cannabis.

“A smart and safe Florida means a regulated marijuana market where Floridians no longer need to turn to illicit cartel-trafficked products on the streets,” said Smart & Safe Florida spokesperson Morgan Hill. “More than half of Americans already enjoy access to safe, regulated marijuana, and we believe Floridians deserve that same freedom. Our campaign in support of Amendment 3 is in full swing, and we’re excited to continue connecting with voters through to November.”

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The Florida Supreme Court recently decided in a 5-2 ruling that it will not be preventing an adult-use cannabis initiative from appearing on this year’s ballot. Later this year, voters will voice their opinion on “Florida Amendment 3, Marijuana Legalization Initiative,” where a “yes” supports legalizing adult-use cannabis and permitting possession of up to three ounces, and a “no” opposes adult-use legalization and all it would pertain.

This decision is the result of Attorney General Ashley Moody’s challenge of the initiative’s ballot language in summer 2023, arguing that the measure is misleading and doesn’t inform voters about federal prohibition. Moody also challenged a ballot initiative from 2022, to which the Supreme Court ultimately decided it was invalid.

The current initiative that will now be put in front of voters in November is backed by the advocacy group Smart & Safe Florida, which according to Politico, collected more than 1 million signatures to get the initiative onto the ballot. 

According to a written opinion from Justice Jamie Grosshans, the language doesn’t violate the single-subject rule, and is not too confusing for voters. “Selling and possessing marijuana appear, for better or worse, directly connected, and we cannot say that an amendment addressing both components violates the single-subject requirement,” the opinion stated. “We do not believe the summary would confuse a voter into thinking that the legislature is required to authorize additional licenses. It clearly states that the amendment legalizes adult personal possession and use of marijuana as a matter of Florida law.” Grosshans also addressed Moody’s claim that the amendment would require legislative decision in order to create adult-use dispensary licenses.

Smart & Safe Florida published a post on social media about the recent court ruling. “The court’s decision echoes our commitment to transparent ballot language and the right for voters to decide on vital issues. Here’s to progress and paving the path towards safer cannabis consumption for adults! #Yeson3”

A majority of the funds behind Smart & Safe Florida’s initiative came from the vertically integrated multistate operator, Trulieve, which granted more than $39 million to the effort. Trulieve is one of the largest cannabis companies in Florida, owning 131 of 618 medical cannabis dispensaries currently licensed in the state.

“We are thankful that the Court has correctly ruled the ballot initiative and summary language meets the standards for single subject and clarity. We look forward to supporting this campaign as it heads to the ballot this fall,” said Trulieve CEO Kim Rivers. “Trulieve was the primary financial supporter of the initiative during the signature gathering effort and subsequent court challenge and is a proud supporter, alongside a strong coalition of other companies, of the next important phase to educate Floridians on the amendment and secure a yes vote on Amendment 3 this November.”

In order for the initiative to pass this November, it will need 60% of voter approval, which would allow the state’s currently licensed medical cannabis companies to sell to any adult over 21.

Gov. Ron DeSantis took office in 2019, and shortly thereafter asked the legislature to repeal a ban on cannabis flower. Advocates and patients praised his support, and since then he has acted on that support to create strict rules to prevent medical cannabis advertisements in order to protect children.

However, DeSantis has made it clear that he does not support adult-use cannabis, calling it a “real problem” and referring to the plant as having a “stench.” He campaigned for president in 2023, and made claims that cannabis could be laced with fentanyl, and saying that he would not legalize adult-use cannabis if he were elected president. “Yeah, I would not legalize,” DeSantis said. “I think what’s happened is this stuff is very potent now. I think it’s a real, real problem and I think it’s a lot different than stuff that people were using 30 or 40 years ago. And I think when kids get on that, I think it causes a lot of problems. And then, of course, you know, they can throw fentanyl in any of this stuff now.”

Medical cannabis was legalized in Florida in 2016 with a 71.3% vote, and as of 2023, Florida had 871,000 registered medical cannabis patients, which is the highest number of patients in the country. According to Politico, the medical cannabis legalization effort was funded in majority by “Pot Daddy” John Morgan, who spent $7 million to push the initiative forward.

As of April 2, the Florida Supreme Court permitted a six-week abortion ban to take effect (which was signed by DeSantis in 2023). However, the court also approved a constitutional amendment to appear on the ballot that will ask voters to choose to decide on “Florida Amendment 4, Right to Abortion Initiative.” A “yes” vote would establish constitutional rights to abortion before fetal viability, while a “no” vote would oppose that constitutional right. “We’re thrilled the Court has let the voters decide the fate of abortion access in Florida,” said Laura Goodhue, Florida Alliance of Planned Parenthood Affiliates Executive Director. “This comes at the same time they have allowed a six-week ban to go into effect, making this initiative more important than ever.”

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Just over a year ago, Missouri voters approved Amendment 3 to legalize cannabis possession and sales for adults over 21. While witnessing how quickly the market found its footing, with sales beginning less than three months later on Feb. 3, 2023, perhaps more impressive is the state’s commitment to cannabis-related expungements.

Under Amendment 3, all nonviolent cases related to cannabis are required to be expunged, meaning that the case record is sealed or destroyed and involved persons are cleared of their charges. While fully completing expungements is unlikely to happen under the deadlines indicated in the new law, the state has expunged nearly 100,000 cannabis convictions from government records according to a KMBC 9 report.

The law includes a June 8 deadline for misdemeanor expungements and a Dec. 8 deadline for felony expungements, with an exception for those still incarcerated or currently under supervision by the Department of Corrections.

Dan Viets, a Missouri attorney with a focus on defending cannabis cases, wrote parts of the constitutional amendment. Speaking with KMBC 9, he nodded to these missed deadlines and highlighted the sheer amount of work involved in expunging Missouri’s cannabis-related cases.

“We have always said that as long as the courts, the circuit clerks in particular, are making a good faith effort to comply with the law, to get those cases expunged, that we’ll be satisfied,” Viets said. “They have not technically met the deadline. But on the other hand, we’re dealing with a century of marijuana prohibition in Missouri. So, there are hundreds of thousands of cases.”

The progress is evident, as reports from June 2023 show that the state had expunged about 44,000 cases at the time. And even over the summer, experts had already theorized that the deadlines imposed by the amendment were unlikely to be met.

Stephen Sokoloff, senior counsel for the Missouri Association of Prosecuting Attorneys, believed that the deadlines were destined to fail from the beginning, calling the amendment “very poorly written” and drafted without Missouri law in mind.

“So it doesn’t actually track a lot of the aspects of Missouri law,” Sokoloff told St. Louis Public Radio in June. “As a result, it makes it a lot more difficult for compliance because there’s some mashing of square pegs into round holes that has to go on.”

Tackling the entirety of the state’s nonviolent cannabis-related offenses is made even harder given the way expungements are treated throughout the state. Some counties are quick to clear cannabis convictions, while judges and prosecutors in other counties have resisted and further delay expungements.

Viets spoke to this reality over the summer to Missouri NORML, where he also works as a coordinator.

“It is clear that many counties have made no serious effort to comply with the requirements of the Missouri Constitution,” he said. “It should not be necessary to seek a court order in order to force our courts to comply with the Missouri Constitution, but if that is what is required, we may pursue that option. There is no reason why these counties should be dragging their feet and failing to comply with the law as passed by the voters of our state.”

John Mueller, co-owner of 31 Greenlight Dispensary stores with 15 in Missouri alone, told KMBC 9 that revenues have tripled since making the switch from medical to recreational. That increased revenue from adult-use cannabis sales generates tax dollars for municipalities and the state, which in turn could be used for the expungement process, he pointed out.

“That’s one of the things that I think the industry is the most proud of,” Mueller said in the report, “is getting that in the Constitution.”

While 100,000 cases in a year is worth celebrating, Missouri is only just getting started. Viets told KMBC 9 that lawsuits are possible if specific communities don’t put in the work to expunge cannabis-related offenses covered by the new law. Even with the current progress, Viets added that he expects the entirety of expungements to take years to fully complete.

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Cannabis retailers in Missouri rang up more than $100 million in sales in February, the first month of legal recreational marijuana sales in the state. According to information from the Missouri Department of Health and Senior Services released on Friday, total cannabis sales came to $102.9 million last month. The figure includes nearly $72 million in adult-use cannabis retail purchases, while sales of medical marijuana in Missouri topped $31 million for the month.

Missouri voters legalized the recreational use of cannabis in last year’s midterm elections with the passage of Amendment 3, a ballot measure that was approved with more than 53% of the vote. Sales of recreational marijuana began at existing medical marijuana on February 3, less than three months after voters approved the adult-use cannabis legalization measure.

Andrew Mullins, executive director of the Missouri Cannabis Trade Association (MOCann), said that the opening month of regulated sales of adult-use cannabis in the state eclipsed the launch of recreational pot sales in neighboring Illinois in 2020.

“That’s more than double what Illinois did in a state with twice the population,” Mullins said about Missouri’s $71.7 million in adult-use cannabis sales last month. “So it really shows the interest and excitement for the new adult-use industry in Missouri.”

Mullins noted that if the pace of sales during the first month continues, Missouri cannabis retailers will sell more than a billion dollars worth of weed this year. He attributed a portion of February’s sales to visitors from adjoining states. Out of Missouri’s eight neighboring states, only Illinois has legalized recreational marijuana to date.

“Canna-tourism folks that may decide to come to Missouri to access and utilize cannabis,” Mullins told St. Louis Public Radio. “That seems to also be having an impact on the amount of sales that Missouri’s experiencing.”

Laurie Gregory, the chief marketing officer for Good Day Farm, said that the company’s dispensaries in cities such as Kansas City and Independence located near the borders with other states saw significant traffic from out-of-state customers.

“Opening weekend we had patients who drove from Texas and Illinois,” Gregory said. “There are states around Missouri that don’t have a program. Anecdotally, what we hear is that the border town dispensaries are having significant sales because of that.”

Regulated Weed Prices Lower Than Neighboring Illinois

Prices compared to cannabis retailers in the one neighboring state with regulated recreational marijuana sales were also cited as a factor behind the strong numbers in Missouri.

“At the different stores, we have flower strains priced from $25 to $40,” said Gregory. “In Illinois, it’s anywhere from $30 to $60.”

Jack Cardetti, a spokesman for MOCann, said that better access for consumers is largely behind Missouri’s strong sales numbers, noting that the state has 196 dispensaries to serve a population of 6 million, while Illinois has only 113 retailers but a population of 12 million. He also noted that taxation exacerbates the price difference between the two states.

“Not only are the retail prices lower in Missouri than Illinois, but when you actually factor in the higher taxes in Illinois, the take-home price is significantly lower,” Cardetti says. “We’ve seen time and time again, if you tax marijuana too much, people will continue to access the illicit market, which is exactly what legalization is meant to prevent.”

Former NBA star Al Harrington’s company Viola is backing two cannabis dispensaries that opened in St. Louis over the weekend, making the shops the only Black-owned retailers in the city, according to Daniel Pettigrew, the CEO of Viola STL. He said that the city has given the company a warm welcome and noted that the company’s dispensary on Iowa Street in St. Louis is the only cannabis retailer in the city with a drive-thru.

“We want people to be able to come into a safe, secure place, get their product and then get out, so that’s the main thing. It will really allow us to serve more customers,” Pettigrew told KSDK television news. “This neighborhood is in the community, so it was important to them, as we met with them, that they didn’t want a lot of people standing around and lingering in the area. It just allows us to complete the transaction in a safe secure environment, facilitate it, get everyone what they need and let them get on their way as quickly as possible.”

Bryce Chapman, a consumer who previously purchased marijuana from the unregulated market, said that buying from dispensaries is easier than buying from underground dealers. He added that he appreciates the consistent quality and clear pricing at regulated dispensaries, factors he said make him a repeat customer of the new shops.

“You can just go in, get what you need and leave,” said Chapman. “You don’t have to find the guy with the right kind of stuff or anything like that – you can just go get exactly what you need. I really like how scientific it is. Like, ‘Do you want this much THC or do you want a higher dose? Do you want sativa dominant?’ Before it was just like, I’ll just get what I can get.”

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More than 7,500 individuals in Missouri have had their prior marijuana-related convictions expunged with recreational cannabis now legal in the state.

The expungement is the latest byproduct of the constitutional amendment that was approved by Missouri voters last fall, which legalized pot for adults and cleared the way for Missourians to have their records cleared.

According to the Riverfront Times, passage of Amendment 3 “kick-started a process to expunge criminal records related to nonviolent marijuana offenses that otherwise would have been legal had Amendment 3 always been a part of Missouri’s constitution.”

“The majority of expunged convictions so far are misdemeanors. As of [last] Tuesday, courts have granted 6,121 expungements for misdemeanors related to nonviolent cannabis offenses that did not involve selling to minors or driving under the influence of cannabis. More than 1,200 felony convictions have also been expunged,” the publication reported.

Dan Viets, secretary of the National Organization for the Reform of Marijuana Laws who helped author the state’s medical and recreational cannabis laws, told the Riverfront Times that the process is “going faster” than he expected.

That has become a recurring theme for the Show Me State’s rollout of the new marijuana law.

Legal recreational pot sales launched on February 6, which was earlier than anticipated.

The St. Louis Post-Dispatch reported at the time that the nascent cannabis industry expected “that the licenses required to sell non-medical cannabis would not be issued by the Missouri Department of Health and Senior Services until [days later].” 

The launch of legal weed sales came only a month after the Missouri Department of Health and Senior Services said that it was finalizing rules for the new adult-use cannabis program.

“Once rules are effective, DHSS will begin approving or denying requests from licensed medical marijuana facilities to convert to comprehensive facilities, which can serve both medical and adult-use consumers. After conversion, sales to adult-use consumers may begin as soon as comprehensive dispensary facilities are ready to commence operating under their new authority. Also per Amendment 3 to Article XIV, DHSS will begin accepting applications for consumer personal cultivation by Feb. 6. Once approved, this will allow authorized persons, who are at least 21 years of age, to grow plants for personal, non-commercial use within an enclosed locked facility at their residence,” the department said in a January bulletin.

But as in other states that have lifted the prohibition on cannabis use, Missouri’s new law aims to redress previous wrongs inflicted by anti-pot laws.

According to the Riverfront Times, the newly passed amendment “established deadlines for when sentencing courts must expunge certain crimes.”

“One deadline is fast approaching — sentencing courts must complete adjudication for misdemeanors of people currently in prison or jail by March 8. But most deadlines to expunge other crimes are at least 3 1/2 months away,” the Times reported. “Circuit courts have until June 8 to order the expungement of criminal history records for all misdemeanor marijuana offenses of people no longer under the supervision of the Department of Corrections. And they have until December 8 to expunge criminal histories of people who already completed their sentences for felony marijuana offenses that are no longer crimes.”

“Questions about how Missouri’s court system could sustain the expected influx of expungement requests circulated before Amendment 3’s passage in November. In October, the Missouri Supreme Court requested almost $7 million to cover the cost of erasing eligible marijuana convictions. The Missouri Office of State Courts Administration also submitted a supplemental budget request asking for $2.5 million to cover clerks’ overtime and hire additional information technology staffers,” the publication continued. 

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In a surprising twist, legal cannabis sales went live in Missouri on Friday, with state regulators issuing retail licenses days earlier than expected. 

The St. Louis Post-Dispatch reports that industry expectations “had been that the licenses required to sell non-medical cannabis would not be issued by the Missouri Department of Health and Senior Services until Monday … the department threw a curve Thursday afternoon, announcing that it would issue licenses on Friday to the dispensaries that qualified for them.”

And receipt of a license means that a dispensary can begin selling to customers right away.

“Recreational-use marijuana will initially be sold only at already-existing medical-use dispensaries. State health department spokeswoman Lisa Cox said at least 170 of these dispensaries statewide are eligible for licenses Friday, which will be given to any store in good standing with the department,” the St. Louis Post-Dispatch reported.

“Good standing means the license is not suspended, revoked, or otherwise inactive at the time the request is made,” Cox said, as quoted by the St. Louis Post-Dispatch.

Voters in Missouri legalized recreational cannabis for adults when they approved Amendment 3 in last year’s election by a vote of 53% to 47%. 

The amendment changed the state constitution to permit the sale, possession, consumption, delivery, and manufacturing of marijuana. As in other states that have ended the prohibition on pot, Missouri’s new cannabis law also includes a social justice component enabling individuals who have been previously convicted of a pot-related offense to have their records expunged. 

The amendment was formally added to the Missouri constitution in December. 

Since its passage by voters in November, regulators with the Missouri Department of Health and Senior Services have been finalizing rules for the new legal cannabis market. 

Last month, the department said that rules “were filed today for Missouri’s adult-use cannabis program with the Missouri Secretary of State’s Office, making program rules effective on Feb. 3.”

“Per Missouri voter-approved Amendment 3, the Missouri Department of Health and Senior Services (DHSS) is the agency assigned with regulatory authority over the program just as it has led the state’s medical marijuana program since 2018. The Division of Cannabis Regulation within DHSS has published three sets of draft rules to gather public feedback since the amendment passed in November 2022,” the department said in a bulletin last month. 

“Once rules are effective, DHSS will begin approving or denying requests from licensed medical marijuana facilities to convert to comprehensive facilities, which can serve both medical and adult-use consumers. After conversion, sales to adult-use consumers may begin as soon as comprehensive dispensary facilities are ready to commence operating under their new authority. Also per Amendment 3 to Article XIV, DHSS will begin accepting applications for consumer personal cultivation by Feb. 6. Once approved, this will allow authorized persons, who are at least 21 years of age, to grow plants for personal, non-commercial use within an enclosed locked facility at their residence.”

In some ways, getting Amendment 3 on last November’s ballot represented an achievement. As the deadline approached for signatures, there were growing doubts that the group pushing the amendment, Legal Missouri 2022, would meet the threshold. 

But in August, much to the relief of advocates, Missouri’s secretary of state announced that Amendment 3 had indeed qualified for the ballot.

“Our statewide coalition of activists, business owners, medical marijuana patients and criminal justice reform advocates has worked tirelessly to reach this point, and deserves all the credit,” John Payne, campaign manager of Legal Missouri 2022, said after the amendment qualified. “Our campaign volunteers collected 100,000 signatures, on top of paid signature collection. That outpouring of grassroots support among Missourians who want to legalize, tax and regulate cannabis made all the difference. We look forward to engaging with voters across the state in the coming weeks and months. Missourians are more than ready to end the senseless and costly prohibition of marijuana.”

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Cannabis is now legal for adults in Missouri, although legal sales of recreational marijuana are still months away. Missouri voters legalized adult-use cannabis with the approval of Amendment 3 in the November midterm elections, joining 20 other states that have also ended the prohibition on recreational weed.

Amendment 3, which received 53% of the vote in last month’s election, amends the Missouri Constitution to legalize recreational marijuana for adults and strengthens the state’s existing medical marijuana program. The successful ballot measure officially went into effect on Thursday, making possession of up to three ounces of cannabis by adults aged 21 and older legal under state law.

In 2014, state lawmakers passed legislation to decriminalize the possession of small amounts of cannabis, and in 2018, Missouri voters approved an amendment ballot measure to legalize medical marijuana in the state. 

Missouri Rec Sales Coming Next Year

Under Amendment 3, the state’s existing medical marijuana dispensaries will be the first businesses licensed to make recreational cannabis sales, which are expected to begin early next year. John Payne, campaign manager for Legal Missouri 2022, the group behind Amendment 3, said that sales of cannabis are only permitted “within the regulated system,” but he noted that simple possession of marijuana is legal as of Thursday.

“The decriminalization aspects do not hinge on licensed sales existing,” Payne said.

The Missouri Department of Health and Senior Services is currently in the process of drafting regulations to govern the adult-use cannabis industry and will begin accepting applications for comprehensive retailers – those selling both medical marijuana and adult-use cannabis – on Saturday. The DHSS is required to begin awarding comprehensive licenses to current medical marijuana dispensaries by February 6, making that the earliest date regulated sales of adult-use cannabis can begin in Missouri. 

In a statement, DHSS Spokesperson Lisa Cox reminded Missourians that legal sales of recreational marijuana will take some time to launch.

“It’s just our commitment that we regulate this program as best we can to keep people safe and healthy. That’s our goal,” Cox said in a statement, adding that consumers should familiarize themselves with Amendment 3 and its potential impact on individuals and communities.

Amendment 3 contains provisions to expunge some past cannabis-related convictions. Under the measure, those with previous convictions for nonviolent marijuana-related charges will have their records reviewed by the courts, with qualified convictions slated to be expunged by June 8, 2023.

Although Amendment 3 legalizes cannabis for all adults 21 and older, the University of Missouri System announced on Wednesday that marijuana would still be prohibited on all four of its campuses.

“Possession and use of marijuana remains subject to many limitations under both constitutional amendment and federal law,” the university system wrote in a statement. “Following a review of the federal Drug-Free Schools and Community Act and Drug-Free Workplace Act, the University of Missouri System will continue to prohibit the possession, use and distribution of marijuana on any university property, university-leased property and as part of university-sponsored or university-supervised activities.”

Amendment Enhances Medical Cannabis Program

Amendment 3 also includes provisions to enhance Missouri’s existing medical marijuana program. Patients will see an increase in the monthly amount of cannabis they can legally purchase at licensed dispensaries from four ounces to six ounces. Additionally, medical marijuana patient identification cards will now be valid for a period of three years rather than being subject to annual renewal requirements.

“Patient applications processed as of this date (Dec. 8) and forward will be valid for three years,” Cox said. “Current ID holders will retain their existing expiration dates, which will not change due to Amendment 3 passing.”

Dan Viets, a co-author of Amendment 3 and coordinator for the Missouri chapter of the National Organization for the Reform of Marijuana Laws (NORML), noted the significance of cannabis becoming legal in a statement from the cannabis advocacy group.

“December 8th is a historic date for Missourians,” said Viets. “Most of the 20,000 annual marijuana arrests in our state will end on that date. Instead, adults will be able to legally possess up to three ounces of cannabis, and soon will also have the option to grow up to 18 plants or purchase cannabis products tested for purity and potency from licensed retailers.”

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