Cannabis Restoration 2024

Written by Mark Pedersen

Written by Mark Pedersen

October 16, 2023

To make it easier to view, here is “Cannabis Restoration 2024”, stripped of the lines of previous policy that are required for filing.
To view this initiative in it’s entirety, follow this link to “Cannabis Restoration 2024, located on the Missouri Secretary of State’s website.

Be it resolved by the people of the state of Missouri that the Constitution be amended:

This measure amends the Missouri Constitution by amending Article XIV (14), henceforth to be called Missouri Cannabis Restoration. This amendment explicitly repeals, in part and/or in whole,
Amending Article XIV (14), Section 1 and Section 2, by deleting all matters within the enclosed brackets and adding all that is underlined as required pursuant to Section 116.050 RSMo.

XIV Section 1.   Missouri Cannabis Restoration. 

 1. Clarification as a substance.

Cannabis shall immediately be removed from the Missouri Revised Statutes list of controlled substances and shall no longer be listed among Missouri’s drug schedules. Cannabis shall hence forth be considered a food and not a controlled substance or a drug, by Missouri law, by the passage of this initiative.

2. Definitions.

     (a) “Controlled Substance List”, or “CSL” refers to Missouri’s list of controlled substances as it pertains to
Missouri Statutes.
     (b) “Cannabis” and “Cannabis hemp” refer to Cannabis, marihuana, marijuana, Cannabis sativa,
     Cannabis sativa L., Cannabis Americana, Cannabis Gigantea, Cannabis indica, Cannabis ruderalis,
     or any variety of Cannabis including any derivative, concentrate, extract, flower, leaf, particle,
     preparation, resin, root, salt, seed, stalk, stem, or any product thereof.
     (c) “Medical Cannabis” refers to Cannabis used to prevent or to treat a medical condition.
     (d) “Personal use” refers to the personal use or private, non-commercial use and/or consumption
     of Cannabis.
     (e) “Cannabis accessories” means any equipment, products, or materials of any kind that are used,
     intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting,
     manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing,
     packaging, repackaging, storing, or containing of Cannabis, and/or ingesting, inhaling, vaporizing,
     smoking or otherwise introducing of Cannabis into and/or onto the human body.
     (f)”Establishment” refers to a cultivation facility, a testing facility, a product manufacturing
     facility, or a retail store, or other entity that cultivates, prepares, manufactures, packages,
     transports or sells Cannabis food products and/or accessories.
     (g) Cannabis COOPS refer to private and/or public groups of family, friends or neighbors who
     work together to grow medicinal and/or personal use Cannabis, and the production of Cannabis
     components and/or accessories.
     (h.) An Excise tax is a “sin tax”; a tax imposed on a commodity for which the community, county,
     state or Federal Government wishes to discourage it’s use.

3. Personal Cannabis Use.

The following acts are not unlawful and shall not be an offense under Missouri law:
     (a) Possession and/or consumption of Cannabis for personal, medical and/or adult use.
     (b) Cultivating and/or processing Cannabis for personal and/or medical use.
     (e) Sharing Cannabis with friends, neighbors, the poor, the homeless and/or the general public,
     including neighborhood or community gardens and Cannabis co-ops.
     (f) Leasing or otherwise allowing the use of property owned, occupied or controlled by any
     person, corporation or other entity for any of the activities conducted lawfully in accordance with
     paragraphs (a) through (e) of this subsection.
     (g) No one shall be denied housing solely based on their use of Cannabis.
     (h) No one shall be denied employment solely based on their use of Cannabis.
     (i) The use and/or possession of Cannabis shall in no way impede one’s legal right to possess a
     firearm.
     (j) The use and/or possession of Cannabis shall in no way impede one’s legal right to foster or
     adopt or impede one’s right to child custody.

4. Limitations, Parental and/or Guardian Responsibility.

Missouri recognizes and impowers parents and/or legal guardians in their authority and influence over the children for whom they care regarding euphoric substances.
     (a.) Parents and/or legal guardians are required by law to educate the children under their
     direction to abide by rules of proper behavior, both in public and in private.
     (b.) Personal and religious views, and their influence on children regarding Cannabis will not be
     the responsibility of the state of Missouri.
     (c.) Parents and/or legal guardians will be directly responsible for the children for whom they are
     legally bound, to provide support and proper education regarding Cannabis and its use.
     (d.) Recognizing that both children and adults can benefit from Cannabis therapies, possession
     and/or consumption in schools, public and/or private would be permitted in designated areas.
     Guidance and supervision should be provided when a parent is not available.
     (e.) There will be no permits or restrictions required regarding personal Cannabis cultivation
     beyond that which would be required regarding a personal or community vegetable garden.
     (f.) Cannabis coops, where family, friends or neighbors produce for each other and those who
     cannot physically or economically grow their own Cannabis, will be encouraged wherever
     personal and/or community vegetable gardens are permitted.

5. Medical Cannabis.

Medical Cannabis shall be available to patients without taxation who have a physician’s recommendation for its use. Recommendations can be in the form of a card or letter, clearly identifying that the patient requires Cannabis and is under the care of the mentioned physician, listing both the physician and patient’s address, email address, phone number, signatures and date of signature.
     (a) All patients engaged in Cannabis therapy shall be afforded the same rights and privileges
     afforded to any patient treated through conventional therapeutic means, whether or not the
     patient is under the care of a physician.
     (b) If an employee is a valid Cannabis patient and requires medicating with Cannabis during the
     course of their work time, the employee will be afforded sufficient time to medicate and a safe
     place to medicate. Concessions regarding the location should be agreed on by both the employer and
the employee without restricting the ability of the employee to properly medicate.
     (c) Licensed physicians shall not be penalized for, nor restricted from recommending and/or
     providing Cannabis for medical purposes for any person under their care.
     (d) Veterinarians shall not be penalized for, nor restricted from recommending and/or providing
     Cannabis for medical purposes for any creature under their care.
     (e) Any individual who is a Cannabis patient in another state shall be granted the same rights and
     privileges as a legal Missouri Cannabis patient.
     (f) Medical care, including organ transplants, shall not be restricted in any way based on a person’s
     use of Cannabis.

6. Zoning.

Cannabis farmers, manufacturers, processors, and distributors shall not be subject to any special zoning requirements and/or licensing fee that is excessive, discriminatory, prohibitive, or in any way contrary to that which is relative to any other commercial or agricultural farmer, manufacturer, processor or distributor or the products they produce.

7. Law Enforcement and the Courts.

Missouri’s law enforcement and its courts shall protect Cannabis consumers and their property without discrimination, and with the same effort afforded to every citizen of Missouri and our nation.
     (a) The use and/or possession of Cannabis shall not be grounds for issuing a “Driving under the
     influence” (DUI) stop, charge, arrest, or fine(s) when operating or a passenger of a motor vehicle.  
     Stops, charges, fines and arrests shall be the product of visible and/or previously proven non-Cannabis
     infractions of Missouri law; actual crime, not assumed, coerced, or profiled.
     (b) No Missouri law enforcement personnel or state funds shall be used to assist or aid in the
     enforcement of Federal Cannabis laws involving acts which are no longer illegal in the State of
     Missouri under this amendment.
     (c) Asset and/or Civil Forfeiture shall no longer be used in the state of Missouri in association with
     Cannabis, Cannabis cultivation, it’s use, possession, and/or its sale in any way.
     (d) Upon the passage of this Act, all persons incarcerated or under supervision of the Missouri
     Board of Probation and Parole for non-violent, Cannabis offenses, which are no longer illegal in
     the State of Missouri under this Act, shall be immediately released.
     (e) Within 60 days of the passage of Act, a legal document shall be developed and made available
     to the public ordering the immediate destruction of all Cannabis related non-violent civil and
     criminal records in Missouri and for any offense covered by this amendment which is no longer illegal in
     the State of Missouri under this Act. This document shall be distributed to all pertinent parties
     throughout the state.
     (f) Within 60 days, Missouri’s Courts shall order the immediate expungement of civil and criminal
     records pertaining to all non-violent Cannabis offenses which are no longer illegal in the State of
     Missouri under this Act. NO record of these offenses will be retained anywhere for any reason.

8. Regarding Federal Law.

Pursuant to the Ninth and Tenth Amendments to the Constitution of the United States, the people of Missouri hereby repudiate and challenge Federal Cannabis prohibitions that conflict with this Act. As well, we refuse any Federal law, mandate or agreement that seeks to impose any restrictions, taxes, or covenants upon Cannabis that present Cannabis as anything other than a nontoxic and nutritious food, as well as a remarkable medicine, and a most necessary commodity for Missouri and our nation.

9. Existing and conflicting Local, State and Federal Law.

     (a.) No excise tax (“sin tax”) or any other tax shall be imposed on the consumption, purchase or
     sale of Cannabis other than the sales tax imposed at the time of sale, the same as any other
     commodity.
     (b.) Cannabis, being a nontoxic and highly medicinal organic product, is protected from rules,
     whether state, county or municipal, that would seek to imply and/or mandate any restriction
     and/or penalty upon the consumption, possession, production and/or sale of Cannabis, it’s
     byproducts, and/or its accessories.
     (c.) Because Cannabis is nontoxic, Missouri’s consumers can no longer be expected to be held to
     personal and/or religious biases regarding its use, possession or sale.
     (d.) All provisions of this section shall supersede conflicting city, county, state and Federal
     statutory, local charter, ordinance, law or resolution.

XIV Section 2. A fair, healthy and profitable Cannabis community and industry. 

1.  Purpose.

The purpose of this section is to further address the path Cannabis will take in Missouri as a truly nontoxic source for medicine and food and other essential commodities. By freeing Missouri from the
ignorance and bigotries that have precedingly vilified Cannabis in Missouri law, we seek to provide an environment that minimizes government oversight while promoting education, reinforcing personal responsibility and supporting the essential power of parental influence, recognizing that good behavior and personal beliefs cannot be dictated in state law, but must be taught in our homes and our schools.

2. Regulation of Cannabis.

     (a.) No part of these Sections authorizes or permits any person to operate a vehicle, motorized or
     otherwise in any unsafe manner, whether or not Cannabis is involved.
     (b.) No part of these Sections authorizes or permits any person to adversely affect properties,
     whether public or private while consuming and/or possessing Cannabis.
     (c.) No part of these Sections authorizes or permits any person to operate commercial or industrial
     equipment in a dangerous manner, while employed or otherwise. whether or not Cannabis is
     involved,
     (d.) Any activity that would be considered a violation of civil law apart from Cannabis will be
     considered a violation when Cannabis is incorporated.

3. Interstate Commerce.   

The Interstate Commerce of Cannabis, Cannabis products and/or Cannabis accessories, from Missouri shall be permitted to those states and nations that have legalized Cannabis in some form. The level of restriction of Cannabis commerce to any state or nation shall be based on the laws of the recipient of Missouri’s Cannabis products. 

4. Severability.

The provisions of this section are severable. If any clause, sentence, paragraph or section of this measure, or an application thereof, is deemed invalid by a majority vote from a General Election, the other provisions shall continue to be in effect to the fullest extent possible.

5. Effective Date of Implementation.

The dictates of this Initiative, unless otherwise indicated by this Initiative shall be implemented no later than January 31st, 2025.

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