HOUSE JOINT RESOLUTION NO. 106 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE OVERCAST.
4263H.01I JOSEPH ENGLER, Chief Clerk
JOINT RESOLUTION Submitting to the qualified voters of Missouri an amendment repealing Sections 1 and 2 of Article XIV of the Constitution of Missouri, and adopting eighteen new sections in lieu thereof relating to products derived from cannabis plants.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next 2 following the first Monday in November, 2026, or at a special election to be called by the 3 governor for that purpose, there is hereby submitted to the qualified voters of this state, for 4 adoption or rejection, the following amendment to Article XIV of the Constitution of the state 5 of Missouri: Section A. Sections 1 and 2, Article XIV, Constitution of Missouri, are repealed and 2 eighteen new sections adopted in lieu thereof, to be known as Sections 3, 4, 5, 6, 7, 8, 9, 10, 3 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20, to read as follows: Section 3. As used in this article, the following terms mean: 2 (1) "Adult-use consumer", any person twenty-one years of age or older; 3 (2) "Departments", the department of health and senior services and the 4 department of public safety; 5 (3) "Hemp", the plant Cannabis sativa L. and any part of that plant, including 6 the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and 7 salts of isomers, whether growing or not, with a delta-9 THC concentration of not more 8 than three-tenths of one percent on a dry-weight basis;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HJR 106 2
9 (4) "Marijuana", all parts of the plant Cannabis sativa L., whether growing or 10 not; the seeds thereof; the resin extracted from any part of such plant; and every 11 compound, manufacture, salt, derivative, mixture, or preparation of such plant or its 12 seeds or resin but shall not include: 13 (a) Hemp; or 14 (b) The mature stalks of the plant Cannabis sativa L.; fiber produced from such 15 stalks; oil or cake made from the seeds of such plant; any other compound, 16 manufacture, salt, derivative, mixture, or preparation of such mature stalks (except 17 the resin extracted therefrom), fiber, oil, or cake; or the sterilized seed of such plant that 18 is incapable of germination; 19 (5) "Medical identification card", a card issued to a qualifying patient or his or 20 her parent, legal guardian, or primary caregiver that identifies the patient as a patient 21 authorized to use marijuana or hemp for medical purposes; 22 (6) "Medical need", a health condition, illness, injury, or disease that may be 23 treated, cured, or relieved by the use of marijuana or hemp; 24 (7) "Primary caregiver", a person twenty-one years of age or older who has a 25 written agreement with a patient naming such person a primary caregiver for the 26 patient or, if the patient is under eighteen years of age, a written agreement with the 27 minor patient's parent or legal guardian; 28 (8) "Qualifying minor", a person under eighteen years of age with a 29 recommendation or prescription from a physician or nurse practitioner for 30 marijuana or hemp and the consent of a parent or legal guardian; 31 (9) "Qualifying patient", a person eighteen years of age or older with a medical 32 need or a qualifying minor; 33 (10) "THC", tetrahydrocannabinol. Section 4. 1. A qualifying patient may obtain, purchase, possess, and use 2 marijuana or hemp for medical purposes if a medical identification card for such 3 purposes is issued to the patient or to the appropriate person acting on behalf of the 4 patient following certification of the qualifying patient's medical need. 5 2. The general assembly shall provide by law applicable standards governing the 6 issuance of medical identification cards for patients and primary caregivers. A 7 certification of medical need or prescription from a physician or nurse practitioner shall 8 constitute sufficient evidence for issuance of a medical identification card. The general 9 assembly may by law allow patients to self-certify their medical need. 10 3. Medical identification cards for qualifying minors shall be issued only to 11 parents, legal guardians, or primary caregivers. HJR 106 3
12 4. Qualifying patient and primary caregiver information shall remain 13 confidential and shall be released only for authorized purposes under federal health 14 privacy laws. 15 5. Medical identification cards shall be valid for a minimum of five years, with 16 options for a ten-year or lifetime card. No mandatory recertification shall be required, 17 and qualifying patients may maintain valid cards unless recertification is requested by 18 the department of health and senior services for cause. 19 6. Any fees for medical identification cards shall be waived or reduced for 20 veterans and low-income qualifying patients. The card shall indicate the veteran or low- 21 income status of the qualifying patient. 22 7. A patient shall not engage in any activity authorized for qualifying patients 23 under this article unless the patient has a valid medical identification card. Section 5. 1. No purchase or possession limits shall be established for marijuana, 2 hemp, THCs, or their derivatives, including seeds, extracts, cannabinoids, isomers, 3 acids, or salts. 4 2. A retailer shall not sell any product described in this section unless the 5 purchaser presents: 6 (1) A state or federal government-issued identification card that contains a 7 photograph of the purchaser and confirms the purchaser's age as twenty-one years of 8 age or older; or 9 (2) A valid medical identification card. If the purchaser was issued a valid 10 medical identification card but does not have the card currently in his or her possession, 11 the retailer may validate qualifying patient certification with the last four digits of the 12 Social Security Number or birth date. The retailer shall verify parental or legal 13 guardian consent for qualifying minors. Section 6. 1. (1) Primary caregivers may purchase, transport, administer, or 2 cultivate marijuana or hemp for qualifying patients, including qualifying minors, 3 without criminal or civil liability, subject to the cultivation limits described in this 4 section. 5 (2) Primary caregivers for qualifying minors shall not perform any activity 6 described in this subsection without written parental or guardian consent and shall 7 supervise administration of marijuana or hemp for a qualifying minor. 8 2. A qualifying patient or his or her primary caregiver may cultivate up to ten 9 flowering marijuana or hemp plants, ten nonflowering plants over fourteen inches, and 10 ten clones under fourteen inches for personal use of that qualifying patient in an 11 enclosed, locked facility, not restricted to the patient's residence. Two or more 12 qualifying patients may share one enclosed, locked cultivation facility, which may HJR 106 4
13 include separate areas for vegetative and flowering cycles and may include 14 nonstationary tents. 15 3. Adult-use consumers without a medical identification card may cultivate 16 under the same limits and restrictions as qualifying patients. 17 4. Primary caregivers may serve up to six qualifying patients and, if authorized 18 by the general assembly by law, additional qualifying patients with a fixed plant count 19 set by statute. 20 5. Qualifying patients and adult-use consumers may legally gift or share 21 marijuana or hemp without restriction to other qualifying patients and adult-use 22 consumers. The general assembly shall provide by law applicable standards governing 23 home cultivation and allow for the certification of home growers to sell or exchange 24 marijuana or hemp to licensed manufacturers or retailers, subject to compliance with 25 all regulations on testing, labeling, and packaging. 26 6. Qualifying patients, primary caregivers, and adult-use consumers may access 27 laboratory testing facilities to voluntarily test home-grown marijuana or hemp for 28 potency, contaminants, and other analytes. Section 7. 1. Qualifying patients and adult-use consumers shall not be 2 discriminated against for lawful marijuana or hemp use in any form including, but not 3 limited to, denial of organ transplants, medical care, insurance, adoption, custody, 4 visitation rights, or firearm rights. 5 2. Employers shall not discriminate against qualifying patients or adult-use 6 consumers for lawful off-premises, non-working hours use of marijuana or hemp unless 7 the qualifying patient or adult-use consumer is impaired at work or during work hours 8 or the use is affecting job performance or posing a safety risk. 9 3. Employers may prohibit use of marijuana or hemp during work hours or on 10 workplace premises. 11 4. No claims for wrongful discharge or discrimination shall be brought against 12 employers enforcing workplace marijuana or hemp policies consistent with the 13 provisions of this article. Section 8. 1. Possession, use, cultivation, or distribution of marijuana or hemp 2 for personal or medical purposes by qualifying patients, primary caregivers, or adult- 3 use consumers shall not be a criminal offense, provided valid state or federal 4 identification or, for qualifying patients, a valid medical identification card, is presented. 5 2. Lawful marijuana or hemp use shall not: 6 (1) Result in arrest, criminal or civil liability, or sanctions under Missouri law; 7 (2) Be the basis for parole, probation, or supervised release violations; or 8 (3) Justify searches without specific evidence of unlawful activity. HJR 106 5
9 3. Individuals on probation or parole with valid medical identification cards are 10 protected from punitive actions for lawful use. 11 4. Marijuana, hemp, and THCs shall not be maintained on any schedule of 12 controlled substances by the state. 13 5. Lawful marijuana or hemp use by parents, guardians, or primary caregivers 14 shall not, by itself, constitute child abuse, neglect, unfitness, or endangerment nor be the 15 sole basis for restricting parental rights. Any consideration of marijuana or hemp use 16 as a factor in child welfare cases requires clear and convincing evidence of unreasonable 17 danger. Section 9. 1. Any person convicted of any nonviolent criminal offense related to 2 the possession, sale, or distribution of marijuana or hemp before August 28, 2027, shall 3 have such offenses expunged, excluding offenses involving distribution or delivery to a 4 minor or any offense of operating a motor vehicle while under the influence of 5 marijuana. No state or local government entity shall share or use information regarding 6 such expunged criminal offenses for any purpose under state or local law. 7 2. Any person currently incarcerated for an expungeable offense covered in this 8 section as of August 28, 2027, shall enter a retroactive release program, further 9 established by statute, that shall ensure the release of all marijuana or hemp prisoners 10 with an expungeable offense before January 1, 2030. Section 10. 1. Physicians and nurse practitioners, or any individual or entity 2 federally authorized to prescribe controlled substances, may recommend in writing or 3 prescribe marijuana or hemp for a patient, including for a qualifying minor with 4 written parental or guardian consent, without facing criminal, civil, or professional 5 sanctions. 6 2. Physicians and nurse practitioners, excluding those who recommend or 7 prescribe marijuana or hemp, or any professional licensed by the state may own, 8 operate, or advise licensed marijuana or hemp facilities without penalty. Section 11. 1. Contracts related to marijuana or hemp commerce are 2 enforceable under Missouri law. 3 2. Property used for lawful marijuana or hemp activities under this article is not 4 subject to asset forfeiture. Section 12. 1. The general assembly may by general law prohibit: 2 (1) Marijuana or hemp use in jails or correctional facilities; or 3 (2) Operating vehicles, machinery, or other devices posing public safety risks 4 under the influence of marijuana or hemp. Evidence of impairment is required for 5 convictions under this subdivision. THC or cannabinoid presence by itself is insufficient 6 to support conviction. HJR 106 6
7 2. The general assembly may by law authorize civil penalties of not more than 8 ten thousand dollars or criminal penalties no stricter than the penalties established for 9 alcohol for violations of any prohibitions established in accordance with this section. Section 13. 1. On or before August 28, 2027, the general assembly shall enact 2 laws to establish unified regulations for production, quality control, distribution, 3 transportation, taxation, and sale of consumable marijuana and hemp, with the 4 exception of nonpsychoactive hemp. The regulations shall: 5 (1) Account for federal laws and regulations, including classification on federal 6 controlled substance schedules, and avoid duplicating federal regulatory jurisdiction; 7 and 8 (2) Be similar to but no more restrictive than existing statutory schemes for 9 tobacco or alcohol production and distribution in this state. 10 2. The general assembly shall not impose limits on the number of licenses issued, 11 geographic restrictions more stringent than those for the sale of alcohol or tobacco, or 12 licensing requirements for individuals or entities that are stricter than those for retail 13 establishments selling tobacco or alcohol. 14 3. The general assembly shall regulate, but not prohibit, high-potency THC 15 products and establish retail licenses for the sale of high-potency THC products. 16 4. Batch-tracking systems of any kind in accordance with Current Good 17 Manufacturing Practices shall be allowed, and licensees shall not be limited to using 18 established seed-to-sale tracking services. 19 5. If the laws establishing the regulations are not in full effect on or before 20 August 28, 2027, cultivation and production of marijuana or hemp shall be protected 21 under the right to farm provision in Section 35 of Article I of this constitution, sales of 22 marijuana and hemp shall be permitted in any business without restriction, and 23 possession of any amount of marijuana or hemp for personal use shall be lawful and 24 shall not result in any penalty. Section 14. 1. In the absence of federal regulation, the general assembly shall 2 designate the department of health and senior services and the department of public 3 safety, or their successors, to oversee regulations authorized in Section 13 of this article. 4 2. The fees for a retail license to sell marijuana or hemp shall not exceed the fees 5 for a retail license to sell packaged liquor. 6 3. The general assembly may by general law exclude applicants with 7 disqualifying felonies from holding a marijuana or hemp business license. A 8 disqualifying felony is a conviction or guilty plea for a violation of state or federal 9 law that is, or would have been, a felony in this state, regardless of the sentence imposed, 10 unless: HJR 106 7
11 (1) The conviction was for a marijuana- or hemp-related offense; 12 (2) The conviction was for a nonviolent offense; or 13 (3) A period of more than five years has passed following the date on which the 14 applicant satisfied all obligations placed on the applicant as part of the sentence for the 15 conviction, including any period of incarceration and any period of supervised 16 probation or parole. 17 4. The departments shall accept license and certification applications within six 18 months of the effective date of the laws enacted by the general assembly under Section 19 13 of this article and approve or deny all applications within ninety days. Failure of the 20 departments to act within ninety days shall allow applicants to seek equitable relief to 21 compel a decision. A prevailing applicant shall be entitled to recover attorney's fees and 22 costs to obtain the equitable relief. 23 5. Existing marijuana licensees or hemp producers, manufacturers, or retailers 24 operating as of the effective date of this section of the constitution may continue to 25 operate under their existing licenses and restrictions and shall convert their operations 26 to the new statutory scheme without interference, restriction, or payment on August 28, 27 2027. 28 6. Imported marijuana or hemp shall be from an approved source in the 29 jurisdiction of origin that maintains testing and tracking standards. Only facilities 30 licensed by the state or authorized under federal regulations may receive imported 31 marijuana or hemp. Section 15. 1. The laws enacted by the general assembly under Section 13 of this 2 article shall permit unlimited licenses for marijuana and hemp cultivation, 3 manufacturing, or retail for both on-premises or off-premises sale and for on- 4 premises consumption, with no entity ownership caps or geographic restrictions more 5 stringent than those for the retail sale of alcohol or tobacco. 6 2. The departments shall register independent testing facilities to ensure product 7 safety, potency, and accurate labeling for products manufactured in this state. The 8 departments shall accept test results for products manufactured by approved sources in 9 the jurisdiction of origin. No independent testing facility shall share any ownership with 10 any entities controlling or having ownership in other facility types. The department of 11 health and senior services, in the absence of federal regulation, shall maintain a 12 reference laboratory to verify compliance with the testing regulations promulgated 13 under Section 13 of this article. 14 3. Denials of licenses or medical identification cards shall be appealable to the 15 administrative hearing commission or its successor as provided by general law. Final 16 decisions of the administrative hearing commission shall be subject to judicial review. HJR 106 8
Section 16. 1. T