A Growing Interest: Missouri Approves Medical Marijuana

August 4, 2022
A Growing Interest: Missouri Approves Medical Marijuana

Missourians approved medical marijuana Amendment 2 by a 65 percent vote earlier this month, and we now look forward to many months of studies by the Missouri Department of Health and Senior Services and the rise of cannabis dispensaries to a total of 192 by the year 2020. In terms of recreational use, nine states have legalized cannabis for recreational use so far. Their laws are vague about usage in public versus private, as well as how a garden must be secured. But even though recreational cannabis is a long, long, way ahead in the state of Missouri, we know can perceive that the social stigma around cannabis is decreasing as time passes and acceptance is becoming more widespread.

Rules & Regulations

This amendment also brings many rules and regulations, which include the following:

  • A marijuana card application form for “certification” (not to be confused with a prescription) including the marijuana growing application is required.
  • Patients may grow up to 6 plants and qualified caregivers can grow up to 18 plants.
  • Homegrown pot must also be kept in a locked facility with access only to the patient or caregiver.
  • The cultivation and dispensary licenses start by August 2019, plus an additional five months of study. There will also be a “seed to sale” tracking system in place to closely follow the growth of cannabis in homes.
  • It is still illegal to distribute and sell.

Medical Marijuana in the Healthcare Field

Doctors in the state of Missouri may also receive the opportunity to treat the following “chronic debilitating conditions” by the year 2020:

  • Epilepsy
  • PTSD
  • Multiple Sclerosis
  • Cancer
  • AIDS
  • Migraines
  • Parkinson’s
  • Tourette’s

Treating a chronic condition with medical marijuana might be more effective and serve as a safer alternative than other prescription medication, but this new law DOES NOT change existing laws. Using cannabis in a vehicle is strictly prohibited for drivers and passengers just like alcohol.

Guns & Marijuana don’t mix

As to guns and marijuana — you can’t have both! Missourians can’t have a license for marijuana and possess a firearm at the same time. ATF Federal Rules still prohibit “unlawful users or addicted to” and there is no exception for medical marijuana growth. State law doesn’t matter! Marijuana is a schedule 1 “controlled substance” and there are no exceptions. Federal case law citing surveys refer to marijuana users as “risky people” and altered or impaired mental states affect judgment, which can lead to “irrational or unpredictable behavior.” Government statistics have shown a significant “link between marijuana use and violence.”

It doesn’t take a rocket scientist to conclude that irresponsible people will misuse and probably take advantage of this otherwise well-intended law.

Contact

For personalized legal guidance, call our office at 417-882-9300 or submit this form to schedule a meeting with an attorney.





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