Please find below a detailed summary of the amendments that will appear on the ballot for the Nov. 8 General Election.
Constitutional Amendment 1
This constitutional amendment, if approved by the voters, modifies the powers of the State Treasurer. Specifically, the State Treasurer is required to invest certain state moneys in:
• Missouri banking institutions selected by the State Treasurer and approved by the Governor and State Auditor; or
• Obligations of the United States government or any agency or instrumentality thereof maturing and becoming payable not more than seven years from the date of purchase.
The amendment additionally authorizes the State Treasurer to invest in:
• Municipal securities possessing one of the five highest long term ratings or the highest short term rating issued by a nationally recognized rating agency and maturing and becoming payable not more than five years from the date of purchase; and
• Other reasonable and prudent financial instruments and securities as otherwise provided by law.
Constitutional Amendment 3
This constitutional amendment makes various modifications to the regulation of marijuana. See the below summary for a more detailed description.
Constitutional Amendment 4
Under current law, the General Assembly cannot require a city to increase an activity or service beyond that required by existing law, unless a state appropriation is made to pay the city for any increase costs. This constitutional amendment, if approved by the voters, provides an exception to allow for a law that increases minimum funding, if increased before December 31, 2026, for a police force established by a state board of police commissioners to ensure they have additional resources to serve their communities.
Constitutional Amendment 5
This constitutional amendment, if approved by the voters, creates the Missouri Department of the National Guard, which shall consist of the Adjutant General and shall administer the militia, uphold the Constitution of the United States and the Constitution of the state of Missouri, and provide for other defense and security mechanisms.
Question on Convening Constitutional Convention
Every 20 years, the Missouri Constitution requires a question be submitted to the voters inquiring whether a constitutional convention shall be held for the purpose of revising and amending the state constitution. A "yes" vote would support calling a constitutional convention. A "no" vote would oppose calling a constitutional convention.
Amendment 3 modifies the state's current medical marijuana program in several ways, including:
Permitting nurse practitioners to determine if a patient has a qualifying medical condition for medical marijuana use;
• Modifying existing definitions for the various licensed facilities and medical marijuana products;
• Repealing the existing scoring system for facility applicants and replacing it with a lottery selection process in cases when more applicants apply than the constitutional minimum;
• Limiting regulations governing medical marijuana product advertising to those no more stringent than comparable regulations for alcohol sales;
• Modifying provisions relating to public records retained under these provision;
• Adding a reasonable cure period of at least 30 days prior to a suspension or revocation of a license or certificate;
• Limiting an entity or entities under substantially common control, ownership, or management to not more than 10% ownership of the total marijuana facility licenses in each category of license for both medical and comprehensive (non-medical) facilities;
• Modifying the number of marijuana plants a qualifying patient or primary caregiver may have for personal use to include non-flowering plants and clones, as well as increasing the limit on purchased medical marijuana from 4 ounces to 6 ounces of dried, unprocessed marijuana in a 30-day period, with exceptions as specified in the amendment;
• Modifying the offense of purposeful possession in excess of twice the legal limit from a year in prison and a fine of up to $2,000 to an infraction;
• Modifying the qualifying patient and primary caregiver identification card fees and renewal requirements;
• Modifying language relating to the collection of a retail sales tax on medical marijuana, including adding a provision modifying certain taxpayers' state adjusted gross income as it relates to medical marijuana;
• Permitting non-resident patients to purchase medical marijuana if authorized by that patient's state or political subdivision of that state;
• Modifying provisions relating to disciplinary actions against attorneys involved in medical marijuana businesses;
• Adding provisions relating to medical marijuana patients and civil and criminal procedures, including search and arrest warrants, pre-trial release or probation, family courts, child custody, and the right to bear arms;
• Modifying penalties relating to violations of these provisions; and
• Adding provisions relating to the applicability of this language in the event of federal legalization of marijuana.
Comprehensive (non-medical) marijuana
This amendment establishes a framework for the legal cultivation, production, sale, and use of non-medical marijuana for Missouri adults 21 years of age or older. The Department of
Health and Senior Services shall grant licenses or certificates for comprehensive marijuana cultivation, manufacturing, and dispensary facilities, testing facilities, and microbusiness wholesale and dispensary facilities, as specified in the amendment. Licenses for such facilities shall be established by a lottery system, except that any entity holding a medical marijuana facility license shall have the right to convert such medical marijuana facility license into the equivalent comprehensive facility license. Such converted licenses shall be the only licenses granted, excluding any microbusiness licenses, within the first 548 days after the Department begins to issue comprehensive marijuana licenses. If the number of comprehensive licenses falls below the constitutional minimum, the Department shall award by lottery at least 50% of any new licenses to microbusiness license holders who have been in operation for at least one year and who are otherwise qualified.
Comprehensive license holders licensed to distribute marijuana to non-medical consumers may also distribute marijuana to qualifying patients and primary caregivers. The Department may limit the amount of marijuana that may be purchased in one transaction by a non-medical marijuana consumer, provided that the limitation shall not be less than 3 ounces of dried, unprocessed marijuana or its equivalent. Additionally, individuals may apply for and receive a registration card with the Department for personal cultivation of marijuana in accordance with the limits set forth in the amendment.
Entities seeking a microbusiness license may only obtain one license, either a dispensary or wholesale facility, and may not hold a comprehensive or medical facility license at the same time. Microbusinesses may only do business with other microbusinesses or qualified patients, primary caregivers, or consumers, as specified in the act. Applicants for microbusiness licenses shall meet at least one of several specified qualifications, including those of net worth, disability, region, or education. At least 6 microbusiness facility licenses shall be granted initially, with that number expanding over time and in accordance with demand.
Non-medical marijuana sold to consumers shall be subject to a 6% sales tax, which shall be used to fund the regulatory program, expungement proceedings relating to marijuana offenses, and programs for veterans, drug addiction treatment, and public defenders.
A local government may prohibit dispensary facilities from operating in that jurisdiction through a ballot question to the voters. Additionally, local governments may impose an additional sales tax on adult use marijuana of not more than 3% upon voter approval.
This amendment establishes an expungement process for marijuana offenses, in addition to other provisions relating to warrants and searches, product labeling and advertising, and penalties for violations of this amendment.
Finally, this amendment prohibits conduct permitted under this amendment from being the basis of detention, searches, or arrests; denial of eligibility in public assistance programs; denial of the right to keep and bear arms; and denial of parental rights, custody, or visitation of a minor child.
As always, please do not hesitate to contact me anytime with your questions or thoughts on this, or on any other issue. My Capitol office phone number is 573.751.2264, and my email is Ron.Copeland@house.mo.gov. It’s an honor and privilege to serve as your representative in the Missouri General Assembly.
