Missouri just voted to legalize marijuana. Here’s what happens next

Missouri voters have officially legalized recreational cannabis via Amendment 3. The 39-page amendment was approved on November 8 by a majority of 53 to 47 with 89% of the votes counted.

Here’s what happens next.

Is Marijuana Legal For Adults Right Now?

No, not quite yet.

When will owning weed be legal?

Possession will become legal for all adults 21 and older on December 8, 2022.

How much can I own?

Beginning December 8, adults 21 and older may possess up to three ounces of cannabis flower or its equivalent in other products. Once state-licensed stores open, consumers can purchase up to three ounces a day.

When can I legally buy marijuana?

Possibly as early as February 8, 2023. The amendment passed will allow all existing medical marijuana companies to convert their medical licenses to “comprehensive” licenses (medical and adult).

These license conversions would be automatic for all existing companies in good standing with the state and would take effect as early as February 8, 2023.

Can I smoke a joint in public?

no Smoking cannabis in public carries a fine of up to $100, but not arrest.

Can I grow cannabis at home?

Yes, but you need legal permission. Missouri requires home cannabis growers to purchase a $100 annually renewable Homegrow Card. Applications for homegrow cards are available by law no later than January 8, 2023, and the state will review those applications no later than February 8, 2023.

Related

Leafly’s guide to growing marijuana

Who will regulate legal producers and sellers?

The Missouri Department of Health and Senior Services handles the regulatory responsibilities.

The change introduces a one-time fee of $7,000 for an application for a cannabis retail license. Applicants who are selected must then pay an annual fee of $10,000 per retail store. The license must be renewed every three years for a $3,000 renewal fee.

The amendment includes a provision that prevents a single business entity from owning more than 10% of the total number of retail licenses issued by the state.

Can new businesses apply for a license?

The proposed change means that until the end of 2023, only applications for licenses for cannabis micro-businesses will be considered.

Applications for non-microbusiness licenses from marijuana business entities not already licensed as a medical marijuana business in Missouri will not be considered until July 2024 at the earliest.

Any equity or small business licenses?

Yes. The initiative mandates the issuance of at least 144 licenses for cannabis micro-enterprises, giving priority to low-income applicants and those harmed by the long history of marijuana prohibition. Look for these applications that will be available in June 2023.

How many weed stores will be allowed?

Initially, in February 2023, as many as 191 recreational cannabis stores could be open in Missouri. (That’s the number of existing medical pharmacies whose licenses will be expanded to sell to adults if the company so chooses.)

The proposed change does not include a hard limit on the number of cultivation, processing and retail licenses issued by state regulators.

However, there is a minimum number of licenses: the state must issue at least as many adult-use cannabis full licenses as there are medical marijuana growers/processors/retailers operating on December 1, 2022.

What does that actually mean? As of July 2022 there were:

• 191 licensed medical marijuana dispensaries
• 70 licensed medical marijuana processors
• 49 licensed medical marijuana growers

The initiative allows state regulators to exercise their judgment on the number of aggregate licenses within this statutory guideline: “The [state regulatory department] may eliminate or relax any limit on the number of licensees or certificate holders in order to meet demand for marijuana in the state and ensure a competitive market while preventing over-concentration of marijuana facilities within a particular local government’s boundaries.

When will microbusiness applications be available?

The amendment requires micro-business license applications to use adult cannabis to be issued no later than mid-June 2023.

The country must start accepting applications no later than mid-September 2023.

There is no set date for micro-enterprise licenses to be issued, but that would likely start from December 2023.

Can local cities or counties ban businesses?

Yes, but a local ban on state-licensed cannabis businesses can only be enacted by a full public vote, not just a local city or county council vote.

The amendment would allow a local ballot measure to ban cannabis licenses to take place only once every four years at the same November general election as the presidential election. And the measure must receive at least 60% approval.

In other words, a local “opt-out” vote can take place in November 2024 and November 2028, and so on.

Is Marijuana Taxed?

Yes. As in all other legal states, Missouri will collect a cannabis use tax on every purchase.

Adult marijuana sales are taxed at 6%. The tax is expected to bring in more than $46 million in the first full year the change is in effect and nearly $70 million the following year.

Cities and other municipalities could levy a local sales tax on recreational marijuana of up to 3%.

Missouri has an existing sales tax of 4.225% on all retail items (plus local sales tax). So consumers could see an overall tax of up to 13% to 15% on their cannabis purchases. But that’s still relatively little. Consumers pay taxes of up to 25% to 40% in other jurisdictions.

Missouri’s existing 4% excise tax on medical marijuana remains in effect.

What about the cancellation process?

The Missouri Amendment will erase previous marijuana-related convictions for nonviolent offenders and those whose convictions did not involve selling to a minor or driving while intoxicated.

The amendment gives courts six months to resolve past offenses and one year for eligible crimes.

In most other jurisdictions, overturning previous cannabis convictions was the responsibility of the individuals concerned. Some states have enacted provisions overturning previous convictions following the legalization vote.

Missouri will be the first state to include automatic overturning of these prior convictions in the legalization law itself.