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MO marijuana ballot question could mean expungement of criminal records, enforcement changes

When Missourians vote in November on legalizing recreational marijuana, they will also decide whether to expunge the criminal records of thousands of people previously prosecuted for low-level pot offenses.

The proposed amendment to the Missouri Constitution has attracted significant attention in large part because it would expand the legality of marijuana only a few years after voters approved limited medical use.

But the measure also contains criminal justice provisions that would mark a substantial — and controversial — shift in how Missouri treats marijuana-related crimes.

The amendment would allow Missourians who were previously charged with nonviolent marijuana offenses to have their criminal records automatically expunged. This would not apply to violent offenders or people whose offenses involved distribution to a minor or driving under the influence of marijuana.

“Legalizing marijuana is about more than just allowing recreational use or the money that can be made. It’s about undoing policies that disproportionately target black and brown communities, particularly men, who are more likely to be arrested and sentenced to significant time behind bars,” Jackson County Executive Frank White, Jr. said in a statement supporting the amendment.

“The current laws criminalizing marijuana are a driving factor in the mass incarceration of people of color, but now we have an opportunity for change.”

A report released by the ACLU in 2020 that examined marijuana-related arrests in Missouri between 2010 and 2018 found that Black people were 2.6 times more likely to be arrested for marijuana possession in Missouri than white people. In 2018, half of all drug arrests in Missouri were for marijuana, it said.

The ACLU report said Missouri ranked 18th in the nation for the largest racial disparities in marijuana possession arrests.

The ACLU of Missouri endorsed the amendment in March. At the time, Luz María Henríquez, the organization’s executive director, said it was committed to “opposing laws which criminalize adult use of marijuana and supporting automatic expungement of marijuana-related offenses.”

The Nov. 8 ballot question would also place certain marijuana-related crimes into the state constitution, including a provision that allows for fines of up to $100 for smoking marijuana in public — a provision that’s drawn concern from some advocates for legalization.

Most criminal law is contained within statute — the kind of ordinary law that the General Assembly can pass or repeal as it sees fit. The amendment would block legislators from making those kinds of changes on marijuana offenses in the future unless they hold another statewide vote.

“Once it’s in the Constitution, it’s very difficult to get out,” said Blue Springs Police Chief Bob Muenz.

“So I would be concerned about putting anything in the Constitution because what if 10 years from now, you want to make a change of some sort? And you can’t because it’s in the Constitution. That’s concerning to me.”

Kansas City effectively decriminalized marijuana possession two years ago. In 2020, the City Council eliminated penalties for possession after city voters in 2017 approved ending jail time for possession of less than 35 grams and capped fines at $25.

Kansas City Police Sgt. Jacob Becchina said if the amendment passes the department “will evaluate if we need to adapt and adjust operations accordingly to conform to the new law. This is the same as we have done many times in the past based on various legislation changes.”

Jackson County Prosecutor Jean Peters Baker said in 2018 that her office would stop prosecuting most marijuana possession cases. A spokesman for Peters Baker didn’t immediately comment on Tuesday.

Legal Missouri 2022, the most prominent group that pushed for the ballot question, gathered more than 214,000 valid signatures to qualify for the November ballot, more than the roughly 180,000 needed. Proponents of the amendment focused on both legalization and the expungement of criminal records.

“It’s long past time for Missouri to stop arresting people for possession of marijuana and legalize and regulate this plant,” John Payne, campaign manager for Legal Missouri 2022.

“We’re happy that voters are going to have the option to do that in November.”

The Star’s Glenn Rice contributed reporting