The Missouri Cannabis Restoration and Protection Act
Constitutional Amendment to Article IV, Related to Legalizing CANNABIS
2016-013

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

One new section is adopted to be known as Article IV, Section 54 and to read as follows:

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.
Definition of terms, as used in this Act:
“Cannabis” and “cannabis hemp” refer to the cannabis, marihuana, marijuana, cannabis sativa, 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.
“Medical cannabis” refers to the medical use of cannabis.
“Personal use” refers to the non-medical consumption of cannabis.
“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, or for ingesting, inhaling, vaporizing, smoking or otherwise introducing cannabis into and/or onto the human body.
“Establishment” refers to a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a retail cannabis store or other entity that cultivates, prepares, manufactures, packages, transports or sells cannabis, cannabis products and/or cannabis accessories.
The following acts are not unlawful and shall not be an offense under Missouri law.
Possession of cannabis for personal or medical use.
Cultivating cannabis for personal use, or in an area sufficient to produce the quantity necessary to address a patient’s needs.
Cultivation, harvesting process
Medical cannabis shall be available to patients without taxation who have a physician’s recommendation for its use.
All patients engaged in cannabis therapy shall be afforded the same rights and privileges afforded to any patient treated through conventional therapeutic means.
Licensed physicians shall not be penalized for, nor restricted from recommending cannabis for medical purposes to any person under their care.
Veterinarians shall not be penalized nor restricted from recommending cannabis for any creature under their care.
Opinions pertaining to, and willingness to recommend medical cannabis therapy shall not be a criteria for the licensure of physicians; no physician shall be subject to any professional licensing review or hearing as a result of recommending or approving medical cannabis therapy.
Any individual who is a cannabis patient in another state shall be granted the same rights and privileges as a legal Missouri cannabis patient.
Medical care, including organ transplants, shall not be restricted in any way based on a person’s use of cannabis.
The dictates of this Initiative shall be implemented no later than January 1, following the election that placed this Imitative before the people.
Upon the passage of this Act, all persons incarcerated or under supervision of the Missouri Board of Probation and Parole for non-violent, cannabis-only offenses which are no longer illegal in the state of Missouri under this Act shall immediately be released.
The Court shall order the immediate expungement of civil and criminal records pertaining to all non-violent cannabis only offenses which are no longer illegal in the State of Missouri under this Act.
Within 60 days of the passage of this Act, the Attorney General shall develop and make available to the public a legal document ordering the immediate destruction of all cannabis-related non-violent civil and criminal records in Missouri and for any offense covered by this amendment. This document shall be distributed to all Circuit Court clerks within the state.
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.
Any person who willfully impedes the lawful exercise of these provisions is guilty of a Class A misdemeanor.
Cannabis farmers, manufacturers, processors, and distributors shall not be subject to any special zoning requirement, 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.
Pursuant to the Ninth and Tenth Amendments to the Constitution of the Unites States, the people of Missouri hereby repudiate and challenge federal cannabis prohibitions that conflict with this act.
If any rival or conflicting initiative regulating any matter addressed by the act receives the higher affirmative vote, then all non-conflicting parts shall become operative
All provisions of this section are self-executing and severable, and, except where otherwise indicated in the text of this document, shall supersede conflicting city, county, state, or federal statutory, local charter, or hearing as a result of recommending or approving medical cannabis therapy.

There are multiple legalization measurements and initiatives being presented in Missouri for 2016. 
The following is a comparison of the MCRPA and other initiatives. To learn more about each please click here

The Missouri Cannabis Restoration and Protection Act 2016-013 

Other Initiatives in Missouri 
Taxation- Under the MCRPA purchase of Cannabis for recreational purposes will be subject only to standard state and local sales taxes. Purchases of Cannabis for medicinal uses are subject to NO taxes. 

In addition to state and local taxes other initiatives are proposing excise taxes up to 25%. 
o A portion of this excise tax will be going back to the police force’s pension funds. 
o Excise taxes prevent patients the ability to afford their medicine, as often times patients are on disability.

There are no residency restrictions placed with the MCRPA Initiative. 

Residency restrictions similar to those in Colorado, which require both medical and recreational users to establish residency prior to purchase. 

Dismissal of criminal records, and release from prison for all non-violent cannabis offenders. 

Very limited dismissal of criminal records for non-violent offenders, leaving thousands of citizens in legal trouble, including prison sentences.

Does not place limitation on amounts of cannabis or plants a person may possess. 
o This opens up the ability for farmers to profit from growing hemp crops, and for patients to be able to grow their own medicine. 

Places strict limits on the number of plants one person can have, to no more than 6. 
o For medical patients this limits safe access to medicine
o This does place limitation on a farmer’s ability to grow.
o Growers must pay to be licensed, costing taxpayers even more money. 

Bans state police and law enforcement personnel from assisting with federal persecution in cannabis related cases
o Law enforcement faces misdemeanor charges

Allows law enforcement free reign of persecution of citizens, sets no limitations or penalties 

Protection of the caregivers of pediatric patients from persecution for supplying sick children with Dr. recommended medications 

Strict age limitations place pediatric patients and their caregivers in harm’s way.
o Sick children may not be given medicine due to age restrictions, or may be removed from their parents homes. 

Protection from persecution of underage minors for cannabis possession 

Persecution of cannabis possessors under the age of 21 can result in legal fines, time in juvenile detention centers, and placement of offenses on permanent records. This can ruin a child’s life 

Protection from federal persecution for physicians and licensed medical and veterinarian personal

No protection from persecution for Doctors, which leaves them open to persecution, loss of medical license, and may lead to an unwillingness to consider cannabis treatments for patients

Full and total legalization 

Prohibitive measures and language throughout these initiatives leaves both recreational and medicinal users able to be persecuted.
 


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I'm going to contact the North Carolina legislature about enacting the same kind of act.

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