What are your rights?

So Missouri has now joined 32 other states in “legalizing” marijuana. But what does that really mean for Missouri residents? The truth is, legalization means very different things state-to-state.

The first thing to know about Missouri’s marijuana law is that it is actually a part of the state Constitution, the highest law of the state. In Missouri, residents can band together in what is known as a ballot initiative process and actually amend the Constitution with very little or no government involvement. And that is how the constitutional amendment legalizing marijuana – Amendment 2 − ended up on the ballot in Missouri back in 2018 and passed with 67 percent of the vote. As a part of the Constitution, the rights granted by Amendment 2 cannot be impinged by any other state law, statute or regulation. They are resolute.

When most people think of a constitutional amendment, they think of something pretty short that can be summed up easily on a bumper sticker. But Amendment 2 is long, 13 pages long, single-spaced, and chocked-full of detailed rights (and responsibilities). Those rights (and responsibilities) cannot be fully explained here. So if you are interested in exercising any right, please look at Amendment 2 yourself first, and follow the detailed guidelines and instructions on the Missouri Department of Health and Senior Services’ website, which is http://health.mo.gov/safety/medical-marijuana/. And always remember that possession of marijuana is still illegal on a federal level in the US. The list below is just intended to give you a good head start on understanding your individual constitutional rights to access marijuana as a Missouri resident.

Individual rights under Amendment 2 (Article 14) of the Missouri Constitution:

1. The “Right to Access Medical Marijuana.”

We know you have this right because it is the title of Amendment 2. While there are many caveats of course, in general, Amendment 2 lays out a fairly simple process that makes marijuana accessible to almost any resident who wants it without any unnecessary hurdles.

2. “Qualifying medical condition.”

To buy marijuana in Missouri under the Constitution, you need a state-issued medical card. And to get that, you need a physician’s certification stating that you have a “qualifying medical condition.” There is a list of qualifying conditions in Amendment 2. But in the end, a qualifying condition is just any “medical condition” at the discretion of your doctor. That is pretty broad and includes common mental conditions such as insomnia, anxiety, depression and low libido, and some very common physical conditions like menstrual cramps. By the way, there is a myth that your doctor must prescribe your marijuana. That is completely untrue.

3. The right to 4 oz. a month.

Under the Constitution, you are entitled to purchase 4 oz. of marijuana flower or the equivalent every month. And you can possess twice that amount at any one time. You also have the right to purchase not just flower but pretty much any type of marijuana product imaginable. Some states limit the type of marijuana residents can buy. But Amendment 2 makes it clear that Missourians have a right to access not just marijuana flowers but capsules, teas, oils, infused foods and other products, vape cartridges and pens, extracts, oils, concentrates, ointments, balms, and transdermal patches. In fact, the Constitution of Missouri now specifically states that you as a resident have a right to marijuana-derived suppositories.

4. The right to grow.

Pay an extra $100 to the state and you also have the constitutional right to grow your own marijuana. You can have up to six flowering plants at any one time. This particular right comes with some hefty responsibilities, though, mostly concerning securing the plants. So please understand those very well before you do anything. And know that nothing in Amendment 2 authorizes you to distribute. That would be very bad.

5. The right to home delivery.

This one takes a little interpretation, but it’s there, trusts me. Amendment 2 gives dispensaries the right to deliver their products to consumers at home. So, by extension, if a dispensary has the right to deliver, the consumer has the right to access marijuana by way of home delivery. The two go hand-in-hand. Again, this right applies to all marijuana products whatever their category. And don’t discount this one. Many states restrict or do not allow home delivery at all.

6. The right to a reasonable fee.

Amendment 2 states that Missouri cannot charge you more than $25 for a medical card or $100 for a cultivation card this year and cannot charge you more than the inflation-adjusted equivalent of those fees in future years. The drafters of Amendment 2 knew that Missouri state government could undermine the whole program with high fees, so they included this right. Smart guys and gals.

7. The right to be free from unreasonable regulation.

The Constitution specifically says the government of Missouri cannot enact or enforce any law that would impose an undue burden on residents’ ability to access marijuana. If history is any judge, this one will come in handy.

8. The right to limited taxation.

Another way other states have tried to quash fledgling marijuana programs is to tax them to death. Missouri’s Constitution does not allow that. Aside from a modest tax for the benefit of veterans, and regular sales tax, no other state or local taxes are allowed.

9. The right to be free from arrest.

You cannot be arrested or charged in Missouri by state or local law enforcement for possession of marijuana (within the limits set by the Constitution) if you have a Missouri medical card, a medical card from another state, or even if you only have a physician’s certification and are still waiting on your medical card from Missouri.

10. The right to an organ transplant.

By constitutional mandate, it is illegal to deny anyone an organ transplant just because they have exercised their right to access marijuana under Missouri law, which seems like something every decent human being should understand but always good to have it in writing.

11. Non-rights.

If something is not enumerated in Amendment 2, then implicitly you do not have the right to do that thing under the Constitution. But Amendment 2 felt the need to also list out some specific things it wants to make sure you understand are not allowed under the amendment. Those are: using marijuana in jail or prison, consuming marijuana in a public place, extracting concentrate at home using dangerous or combustible gases, committing negligence or professional malpractice while high, operating a motor vehicle (plane or boat) while high, or suing your employer for firing you if you show up for work while high. Instead of the word “high,” the Constitution actually uses the term “under the influence.” No one knows what that actually means at the moment in terms of a drug test. But please be aware.