Missouri introduces legalization action for recreational cannabis

A Missouri lawmaker on Tuesday introduced a sweeping bill to legalize recreational cannabis. The measure, titled Cannabis Freedom Act (HB 2704), was introduced in the Missouri House of Representatives by Rep. Ron Hicks, a Republican from St. Charles.

If passed, the law would legalize cannabis for adult use, regulate the recreational cannabis trade and overturn convictions for prior cannabis-related offenses. In a statement, Hicks acknowledged the support of interested parties and an Oklahoma colleague in drafting the law.

“The Cannabis Freedom Act is the result of input from many different stakeholders, including members of law enforcement and those who have been jailed for conduct that society now finds acceptable,” Hicks said. “I am particularly grateful for the input from Oklahoma State Representative Scott Fetgatter for his support in creating a free market program that is also tightly regulated.”

Bill legalizes recreational cannabis possession and sale

Under the bill, adults 21 and older would be allowed to purchase and use recreational cannabis. Adults are also allowed to grow up to 12 cannabis plants at home for personal use.

The bill puts the Missouri Department of Agriculture in charge of regulating the recreational cannabis program. The department would draft the rules for the program and issue licenses to cannabis producers, manufacturers, distributors and retailers, with no caps on the number of licenses that could be granted to qualified cannabis companies.

The Cannabis Freedom Act directs the state Treasury Department to levy a tax of up to 12 percent on recreational cannabis products. Purchases of medicinal cannabis by registered patients would not be subject to retail tax. Revenue generated from marijuana taxes would be used to administer the recreational cannabis program, with the remainder split equally between the Missouri Veterans Commission and funding teachers’ salaries and first responders’ pensions.

The legislation prohibits state financial regulators from denying or impeding legal cannabis companies access to banking services. Licensed cannabis companies could take state deductions for business expenses not allowed under federal law, and companies that are denied licenses could deduct fees paid to apply.

Christina Thompson of ShowMe Canna-Freedom, a group campaigning for marijuana policy reform in Missouri, said Hicks’ bill would create a cannabis industry for companies of all sizes.

“The Cannabis Freedom Act provides a fair, open market in which every Missourian can participate,” Thompson told local media. “The cannabis community desperately needs this legislation, and I hope our legislators will understand the importance of getting it passed.”

Measure refutes cannabis convictions

The legislation also includes provisions to overturn convictions for nonviolent marijuana-related activities that were legalized by the law. Those currently detained would be eligible for a re-sentencing, and those with previous convictions could petition the court to have their records erased. The bill also allows parole officers or parole officers to use cannabis. Additionally, the smell of cannabis would no longer be considered a likely reason for a law enforcement officer to conduct a search without a warrant.

Daniel Jones, a former Rolla City councilman and US Navy veteran, praised the legislation’s reformatory judicial provisions.

“I’m pleased to see that the Cannabis Freedom Act includes full clearance and deletion protocols for pure marijuana offenders,” Jones said. “The passage of this proposal will mark a historic victory for civil rights and individual liberties in America.”

New Haven Police Chief Chris Hammann and former Carter County District Attorney Rocky Kingree also expressed support for the legalization of cannabis in Missouri.

“Law enforcement no longer needs to be tasked with the thankless task of prohibiting marijuana, and the Cannabis Freedom Act enables the remedial actions that will continue the work of restoring the relationship and trust between government and its citizens,” the statement said Law enforcement officials said in a joint statement.

Voting initiative efforts are also underway

The Cannabis Freedom Act gives Missouri another potential avenue for marijuana policy reform. Last year, the Fair Access Missouri group launched a proactive campaign to change the state constitution to legalize the possession, production, and sale of recreational cannabis. Additionally, a separate initiative by the group Legal Missouri 2022, supported by the Missouri Association of Criminal Defense Lawyers (MACDL), would also legalize recreational cannabis in the state.

“Automatically repealing nonviolent marijuana offenses would be one of the most significant — and long-overdue — criminal justice reforms in our state’s history,” said Fawzy Simon, MACDL President. “It’s about basic fairness. Simply put, legalizing marijuana for adult use must absolve otherwise law-abiding Missourians from the consequences of an activity no longer considered criminal. In practice, this will give tens of thousands of state residents a fresh start.”