Missouri legalizes recreational weed. What that means, and when you can buy a joint

Recreational weed is soon to be legal in Missouri after voters approved Amendment 3 — so when will you be able to pick up some legal gummies, and when will your record be cleared of past weed charges?

Although voters have already spoken — 53.1% voted yes and 46.9% voted no — the amendment won’t actually go into effect until Dec. 8. So, none of the provisions will be in place until next month.

And, it will be a little longer after than before you can actually purchase weed from the dispensaries.

Here’s a breakdown of how legalization will play out in Missouri.

When can you start buying legal weed?

The very earliest that Missourians will be able to buy marijuana products recreationally is Feb. 6, 2023.

Who can get a license to sell weed in Missouri?

Missouri legalized medical marijuana in 2018. The businesses that have become leaders in the state’s medical weed industry will be the first to get recreational licenses.

The amendment also creates a “microbusiness” licensing program for smaller entrepreneurs and businesses. This microbusiness license program is designed to help people to break into the market by selling or cultivating marijuana products at a smaller scale.

The micro license program will be reserved for entrepreneurs who meet certain financial or location criteria or come from families or communities that have been historically impacted by marijuana prohibition.

Business owners will be ineligible to sell or manufacture weed if they plead guilty or were found guilty of a felony offense.

The Missouri Department of Health and Senior Services is in charge of overseeing the new industry and licensing process.

Now what happens to people’s past weed charges and criminal records?

The amendment also calls for automatic expungement for nonviolent marijuana charges. Expunging a record means that the court will seal a criminal charge so it is no longer public. However, the record can still be unsealed with a court order, according to the Missouri Bar.

Any person who has a nonviolent marijuana charge and is not currently incarcerated, with the exception of those with charges for driving under the influence or selling weed to minors, will have their record reviewed and expunged by the courts by June 8, 2023.

Cases will be expunged in order of the severity of the case, so less severe cases will be expunged first, according John Payne, a spokesperson for Legal Missouri 2022, the group that backed Amendment 3.

Sealing those records could affect thousands of people’s access to employment, housing and wages. Expungement will not apply to people with charges of violent crimes, or whose offenses involved distribution to a minor or driving under the influence of marijuana.

What about people who are in jail or prison for weed charges?

People who are still incarcerated will not automatically have their charges dropped or expunged. However, people with nonviolent charges will be able to petition to be released from jail, prison or to be removed from parole and probation and have their records expunged.

What changes for medical marijuana patients?

Amendment 3 will lengthen the amount of time that medical marijuana cards issued by the Department of Health and Senior Services are good for. Currently, medical marijuana cards are good for one year, but now they will be good for three years. The cost of medical marijuana cards will also remain at $25. Plus, more health professionals, including nurse practitioners and physicians will be able to certify people for the medical marijuana program.

The same will be true for patient cultivation cards, which allow patients to grow their own weed at home. Cultivation cards currently last for one year, but now the cards will be valid for three years. The cost of securing a cultivation card will also be cut in half, making it only $50 instead of $100.

The amendment will expand the amount of weed that medical patients can buy at a time from four ounces of dried marijuana flower (or its equivalent) to six ounces of weed each month.

There will also be more protections for patients that are concerned about keeping their job or custody of their kids.

“We thought these are some important changes that we need to make sure that patients are protected. They shouldn’t be penalized by any of these processes simply for using what they need medically,” said John Payne, a spokesperson for LegalMo, the campaign that pushed for the ballot initiative.

If weed is legal, will you be able to smoke in public?

Smoking weed will be prohibited wherever smoking tobacco is prohibited, according to Amendment 3.

The penalty for smoking in public in an area that is not designated for smoking will result in a civil penalty and no more than a $100 fine. This change will make it so the infraction will be civil and not criminal, and it will reduce the fee for smoking in public.

Marijuana users will also not be able to consume or possess marijuana on the grounds of any public or private schools (that’s preschool through higher education), or on the grounds of a correctional facility.

Will there be a legal driving limit for weed like there is for alcohol?

It will still be illegal to smoke while driving or to smoke inside any operating motor vehicle, including trains, aircrafts and motor boats. Missouri law doesn’t specify a certain level of impairment for driving while under the influence of drugs.

When someone is pulled over because they are suspected of driving under the influence of drugs, the police officer will do a set of tests to see if the driver is impaired. The officer can request that a drug recognition expert come to the scene and screen the driver to get an expert opinion.

However, there is no level of exposure that is being tested. People are arrested if they are found to be impaired and unable to drive safely.

What’s the difference between the medical and recreational marijuana?

There are still a few key differences between the medical marijuana program and recreational marijuana. The medical program is available to people with conditions that qualify them for medical marijuana use. Patients 18 years old and up will be issued medical cards that will allow them to purchase medical marijuana at Missouri dispensaries.

The recreational program, on the other hand, will only be available to people who are 21 years old and up. The medical program also allows people to purchase up to 6 ounces of marijuana at a time, while recreational users will only be able to purchase up to 3 ounces at a time. Lastly, medical marijuana will be taxed at a lower rate than recreational marijuana.

The Star’s Kacen Bayless contributed reporting.

Have more questions about the amendment? Let us know at kcq@kcstar.com, and we’ll look into it.