Recreational marijuana on the Missouri ballot this November

PRES. BIDEN: TOO MANY LIVES HAVE BEEN UPENDED BECAUSE OF OUR FAILED APPROACH TO MARIJUANA. IT IS TIME THAT WE RIGHT THESE WRONGS. CODY: THIS PAST WEEK, PRESIDENT BIDEN MADE A MAJOR MOVE ANNOUNCING THE PARDONING OF THOUSANDS OF AMERICANS CONVICTED UNDER FEDERAL LAW FOR SIMPLE MARIJUANA POSSESSION. IT USUALLY MEANS THEY HAVE A SMALL AMOUNT HE CALLED ON STATE GOVERNORS TO DO THE SAME. THERE IS ALREADY A PUSH TO DO THIS IN MISSOURI. IT IS ON THE BALLOT NEXT MONTH. RECREATIONAL MARIJUANA IS LEGAL IN 19 STATES ACROSS THE COUNTRY. MISSOURI COULD BECOME THE 20TH, IF VOTERS GIVE IT THE GREEN LIGHT. >> BIG PICTURE, I THINK IT IS GOOD FOR THE INDUSTRY. CODY: WE’VE HAD MEDICAL MARIJUANA IN THE SHOW ME STATE FOR A LITTLE WHILE, BUT NOW THE PUSH TO OPEN UP ACCESS EVEN FURTHER IS PICKING UP STEAM. THE GROUPS GATHER SIGNATURES TO GET AN AGREEMENT ON THE BALLOT IN NOVEMBER. JAY ASHCROFT TOLD ME HERE ON “HEART OF THE MATTER” THAT HE IS DUTY-BOUND TO PUT THIS TO A VOTE, DESPITE HOW HE PERSONALLY FEELS. MR. ASHCROFT: YOU KNOW, I’M NOT IN FAVOR OF IT. THERE’S A REAL DIFFERENCE IN SAYING THERE MAY BE SOME ADDITIONAL VALUE TO MARIJUANA, BUT THE IDEA OF PEOPLE JUST DRUGGING THEMSELVES, I DON’T THINK IT IS A GOOD IDEA. CODY: THIS WILL BE KNOWN AS AMENDMENT 3 ON THE BALLOT. IF APPROVED, ANYONE 21 AND UP CAN USE THE RECREATIONAL MARIJUANA, INCLUDING PEOPLE OUT OF STATE. MEDICAL MARIJUANA CARDS WOULD BE EXTENDED TO THREE YEARS. THEY ARE GOOD FOR ONE YEAR RIGHT NOW. PEOPLE WITH PREVIOUS MARIJUANA OFFENSES AND CONVICTIONS COULD HAVE THEIR RECORD EXPUNGED. >> SO IT IS VERY PROGRESSIVE, AND THAT IS A GREAT WAY TO START WRITING THE WRONGS THAT HAVE BEEN CAUSED BY MARIJUANA PROHIBITION. CODY: SOME ADVOCATES OF RECREATIONAL USE THINK THE A START. MANY CRITICS SAY IT IS NOT GO FAR ENOUGH. REP. MANLOVE: THIS PETITION LEGALIZES BUT DOES NOT DECRIMINALIZE, SO EVEN THOUGH WE ARE LETTING PEOPLE OUT OR EXPUNGING MISDEMEANORS, WE ARE ALSO GIVING OUT NEW MISDEMEANORS, SO WE ARE STILL GOING TO CONTINUE THE CYCLE OF PERSONS IN JAIL OVER CANNABIS. CODY: THERE ARE MANY INTRICACIES TO THIS PROPOSAL. THIS IS NOT JUST A PIECE OF PAPER SAYING POT IS LEGAL. THIS AMENDMENT IS MORE THAN 30 PAGES LONG, AND YOU CAN TELL THIS IS NOT A CUT AND DRIED ISSUE. WE HAVE QUESTIONS, AND WE KNOW YOU HAVE QUESTIONS. PLEASE WELCOME DREW GOODWIN, AN ATTORNEY AT THE STATE OF LAW, A MINORITY OWNER IN A MARIJUANA COMPANY, SO YOU KNOW A LOT OF — A LOT ABOUT THIS SUBJECT. WHERE DO YOU WANT TO START? WE WENT THROUGH THE BASICS A LITTLE EARLIER WE HAVE READ THROUGH ALL OF THIS. WE FEEL LIKE WE FIND A NEW THING EVERY TIME TO WHAT STANDS OUT TO YOU ABOUT THIS PROPOSAL? PROF. GOODWIN: THE EXPUNGEMENT PROVISIONS HAVE OBVIOUSLY GOTTEN A LOT ATTENTION, AND RIGHTFULLY SO, BECAUSE THEY ARE UNIQUE. OTHER STATES HAVE TRIED TO EXPUNGE MARIJUANA CONVICTIONS LIKE THIS, BUT IT HAS REQUIRED THEM TO HIRE AN ATTORNEY, FILE SOMETHING, AND MANY CONVICTIONS WENT UNADDRESSED. THIS AMENDMENT 3 DOES IT AUTOMATICALLY, AND THE COURTS ARE INSTRUCTED TO DO THAT WITHIN SIX MONTHS. SO PEOPLE UNABLE TO GET A JOB OR OTHERWISE HINDERED BY THAT CONVICTION WILL SEE A LOT OF RELIEF, BUT THAT IS NOT THE ONLY CRIMINAL JUSTICE REFORM IN HERE. IMPORTANTLY, AND ONE THAT HAS NOT BEEN DISCUSSED MUCH, IS THAT LAW ENFORCEMENT ARE NO LONGER AUTHORIZED TO SEARCH A VEHICLE, HOME, OR PROPERTY BASED ON THE PRESENCE OF MARIJUANA ALONE. THEY HAVE TO HAVE SPECIFIC EVIDENCE THERE IS UNLAWFUL USE OF MARIJUANA BEFORE THEY CAN DO ANYTHING. CODY: THIS WOULD BE A MAJOR CHANGE IN ENFORCEMENT AND IN THE PENAL SYSTEM. PROF. GOODWIN: ABSOLUTELY. IT WOULD BE A MAJOR CHANGE. IT WOULD REQUIRE A LOT OF LAW ENFORCEMENT TRAINING. MANY OFFICERS I HAVE TALKED TO WOULD WELCOME THIS CHANGE. IT WOULD SAVE THEM TIME AND RESOURCES. TO FOCUS ON VIOLENT CRIME. CODY: WHAT STRIKES ME AS THOSE FOCUSED ON RECREATIONAL MARIJUANA HAVE THEIR QUALMS ABOUT THIS. THEY WANT TO GET THERE. THEY SEE THE FINISH LINE AND WANT TO PROCESS IT THE RIGHT WAY. WHAT OTHER QUESTIONS ABOUT THIS AMENDMENT DO YOU HAVE? PROF. GOODWIN: DID ACTIVIST AND THE TRUE LONG-TERM PROPONENTS OF MARIJUANA DO HAVE SOME QUESTIONS ABOUT THIS, BUT THAT IS NOT UNCOMMON. FRANKLY, IT IS THE ART OF COMPROMISE, RIGHT? AND WITHIN THIS INITIATIVE, THERE ARE EQUITY PROVISIONS, NEW LICENSES, MICRO-BUSINESS LICENSES ARE GOING TO BE ISSUED EXCLUSIVELY TO DISADVANTAGED COMMUNITIES. WHEN LARGER LICENSES BECOME AVAILABLE, HALF OF THEM ARE GOING TO BE GIVEN TO DISADVANTAGED COMMUNITIES. THE DEPARTMENT OF HEALTH IS GOING TO HAVE A CHIEF EQUITY OFFICER. WE HAVE THE EXPUNGEMENT PROVISIONS. MARIJUANA CAN NO LONGER BE A PAROLE VIOLATION. HE GOES ON AND ON. CODY: CAN SOMEONE GROW THEIR OWN MARIJUANA IN SMALL AMOUNT? PROF. GOODWIN: THEY CAN. UNDER THE EXISTING MEDICAL MARIJUANA PROVISION, THERE IS NO HOME CULTIVATION FOR THIS EXPANDS THAT TO ALL PERSONS 21 AND OLDER, BUT THEY DO HAVE TO GET A CARD. CODY: LET’S SAY MISSOURI DOES LEGALIZE RECREATIONAL POT, IT IS VERY ILLEGAL IN KANSAS. ARE KANSANS GOING TO COME STREAMING ACROSS THE BORDER? I KNOW THE ANSWER IS YES. HOW WOULD THAT BE HANDLED? PROF. GOODWIN: OUT-OF-STATE RESIDENTS ARE PERMITTED TO PURCHASE IF THEY ARE OVER 21 AND HAVE A VALID STATE ID. I DO NOT KNOW WHAT KANSAS LAW ENFORCEMENT JURISDICTIONS WILL DO. I KNOW THE KANSAS HIGHWAY PATROL IN SOME RURAL JURISDICTIONS HAVE NOT SLOWED DOWN THEIR ENFORCEMENT OF MARIJUANA SINCE COLORADO WENT LEGAL. WHAT THEY DO REMAINS TO BE SEEN. CODY: WE HAVE SEEN THIS AND OTHER STATES LIKE COLORADO, WITH RECREATIONAL USE. LET’S SAY THERE IS A PERSON WHO USES MARIJUANA. ARE THEY PROTECTED FROM LOSING THEIR JOB, POTENTIALLY, IF THEY ARE NOT USING IT WORK? PROF. GOODWIN: YOU MUST HAVE ACTUALLY READ IT. CODY: I DID. [LAUGHTER] PROF. GOODWIN: THAT IS IN THERE. A MINUTE THREE STATES THAT AN EMPLOYER CANNOT DISCRIMINATE AGAINST AN EMPLOYEE BASED ON THEM BEING A MEDICAL CARD HOLDER OR FAILING A MARIJUANA TEST, FAILING A DRUG TEST FOR MARIJUANA. CODY: DO YOU THINK THIS PASSES, THE WAY IT IS RIGHT NOW? PROF. GOODWIN: IDEAL. I THINK, THE POLLING I’VE SEEN IS POSITIVE. I THINK IT IS AROUND 60%. AND JUST GETTING SUPPORT THAT AMENDMENT 2 HAD IN 2018, WHICH GARNERED OVER 65% OF THE VOTE AND GOT BIPARTISAN SUPPORT, I WOULD EXPECT THAT TO CONTINUE WITH MMS THREE. CODY: ALL RIGHT, — AMENDMENT 3. CODY: ALL RIGHT, DREW GOODWIN WITH UKMC, THANK YOU. COUNT ON KMBC 9 NEWS, STAY

MARIJUANA IN MISSOURI: Legal implications of recreational marijuana ballot amendment

MARIJUANA IN MISSOURI: Legal implications of recreational marijuana ballot amendment

Updated: 11:30 AM CDT Oct 9, 2022