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2023 SENATE BILL 486
October 9, 2023 - Introduced by Senators AGARD, L. JOHNSON, CARPENTER,
HESSELBEIN, LARSON, PFAFF, ROYS, SMITH, SPREITZER and TAYLOR, cosponsored
by Representatives MADISON, SHELTON, OHNSTAD, J. ANDERSON, C. ANDERSON,
BALDEH, BARE, CLANCY, CONLEY, CONSIDINE, DRAKE, EMERSON, GOYKE,
HAYWOOD, HONG, JACOBSON, JOERS, MOORE OMOKUNDE, MYERS, NEUBAUER,
ORTIZ-VELEZ, PALMERI, RATCLIFF, SINICKI, SNODGRASS and STUBBS. Referred to
Committee on Judiciary and Public Safety.
1 AN ACT to repeal 94.55 (2t), 961.11 (4g), 961.14 (4) (t), 961.32 (2m), 961.38 (1n),
2 961.41 (1) (h), 961.41 (1m) (h), 961.41 (1q), 961.41 (3g) (e), 961.571 (1) (a) 7.,
3 961.571 (1) (a) 11. e., 961.571 (1) (a) 11. k. and L. and 967.055 (1m) (b) 5.; to
4 renumber and amend 115.35 (1), 961.01 (14) and 961.34; to amend 20.115
5 (7) (gc), 49.148 (4) (a), 49.79 (1) (b), 59.54 (25) (title), 59.54 (25) (a) (intro.),
6 66.0107 (1) (bm), 111.35 (2) (e), 114.09 (2) (bm) 1. (intro.), 114.09 (2) (bm) 4.,
7 157.06 (11) (i), 175.35 (2g) (c) 4. a., 289.33 (3) (d), 349.02 (2) (b) 4., 961.41 (1r),
8 961.41 (1x), 961.41 (3g) (c), 961.41 (3g) (d), 961.41 (3g) (em), 961.47 (1), 961.48
9 (3), 961.48 (5), 961.49 (1m) (intro.), 961.571 (1) (a) 11. (intro.), 971.365 (1) (a),
10 971.365 (1) (b), 971.365 (1) (c) and 971.365 (2); and to create 16.282, 20.115 (7)
11 (ge), 20.192 (1) (t), 20.255 (2) (r), 20.395 (5) (db), 20.435 (1) (s), 20.437 (3) (r),
12 20.505 (1) (t), 20.566 (1) (bn), 20.835 (2) (eq), 25.316, 48.47 (20), 66.04185, 73.17,
13 77.54 (71), 94.56, 94.57, 100.145, 108.02 (18r), 108.04 (5m), 111.32 (9m), 111.32
14 (11m), subchapter IV of chapter 139 [precedes 139.97], 157.06 (11) (hm), 175.35
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SENATE BILL 486
1 (2g) (b) 3., 238.139, 250.22 and subchapter VIII of chapter 961 [precedes 961.70]
2 of the statutes; relating to: legalizing the possession of marijuana; medical
3 marijuana; regulating the production, processing, and sale of marijuana;
4 expunging or redesignating past convictions for marijuana-related crimes;
5 equity grants; making an appropriation; and providing a penalty.
Analysis by the Legislative Reference Bureau
MARIJUANA LEGALIZATION AND REGULATION
Under this bill, a person who is at least 21 years old may legally possess
marijuana for recreational purposes. A person of any age may possess marijuana for
medical purposes. Under the bill, a person may produce, process, or sell marijuana
if the person has a permit. This bill creates an excise tax for the privilege of
producing, processing, distributing, or selling marijuana in this state, and 60 percent
of the revenue collected from the tax is deposited into a segregated fund called the
“community reinvestment fund.” Under the bill, a person who may possess medical
marijuana is not subject to sales or excise taxes on the purchase or use of the
marijuana. The bill does not affect federal law, which generally prohibits persons
from manufacturing, delivering, or possessing marijuana and applies to both
intrastate and interstate violations.
Legalizing the possession of marijuana
Current law prohibits a person from manufacturing, distributing, or delivering
marijuana; possessing marijuana with the intent to manufacture, distribute, or
deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;
or possessing drug paraphernalia with the intent to produce, distribute, or use a
controlled substance. The bill changes state law to allow a person who is at least 21
to possess not more than five ounces of marijuana. The bill also allows a qualifying
patient to possess marijuana for medical purposes. Under the bill, a qualifying
patient is an individual of any age who has been diagnosed by a physician as having
or undergoing a debilitating medical condition or treatment. The bill also eliminates
the prohibition on possessing or using drug paraphernalia that relates to marijuana
consumption.
Under the bill, a person who is at least 21 who possesses more than five ounces
of marijuana is subject to a penalty, which varies depending on the amount of
overage. Under the bill, if the overage is not more than one ounce, the person is
subject to a forfeiture of not more than $100; if the overage is more than one ounce
but not more than 16 ounces, the person is guilty of a misdemeanor and subject to
a fine of not more than $500; and if the overage is more than 16 ounces, the person
is guilty of a misdemeanor and subject to a fine of not more than $1,000 or a sentence
of imprisonment for not more than 90 days or both. In the last described case, the
person is guilty of a Class I felony if the person also takes action to hide the amount
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of marijuana he or she has and has in place a security system to alert him or her to
the presence of law enforcement or a method to intimidate, or a system that could
injure or kill, a person approaching the area containing the marijuana.
Under the bill, a person who is under 21 who possesses marijuana is subject to
a penalty, which varies depending on the amount possessed. If the violation involves
not more than one-quarter of an ounce, the person is subject to a forfeiture of not
more than $50; if the violation involves more than one-quarter of an ounce but not
more than five ounces, the person is subject to a forfeiture of not more than $100; and
if the violation involves more than five ounces, the person is subject to a forfeiture
of not more than $200.
Regulating the production, processing, and selling marijuana
Under the bill, with certain exceptions, no person may sell or distribute, or
possess with the intent to sell or distribute, marijuana unless the person has a permit
from the Department of Revenue. The penalties for violating the prohibition vary
depending on the recipient, the age of the violator, and the amount of marijuana
involved.
If a person who is at least 21 violates the prohibition on selling, or possessing
with the intent to sell, marijuana, the person is guilty of a misdemeanor and subject
to a fine of not more than $500 if the violation involves not more than one ounce of
marijuana, the person is guilty of a misdemeanor and subject to a fine of not more
than $1,000 if the violation involves more than one ounce but not more than 10
ounces, the person is guilty of a misdemeanor and subject to a fine of not more than
$5,000 if the violation involves more than 10 ounces but not more than 15 ounces, and
the person is guilty of a Class I felony if the violation involves more than 15 ounces.
If a person who is at least 21 violates the prohibition on selling, or possessing with
the intent to sell, marijuana and the recipient is under 21 and at least three years
younger than the person, then the person is guilty of a misdemeanor and subject to
fine of not more than $1,000 or imprisonment for up to 90 days or both if the violation
involves not more than five ounces and is guilty of a Class H felony if the violation
involves more than five ounces. If a person who is under 21 violates the prohibition
on selling, or possessing with the intent to sell, marijuana, the person is subject to
a forfeiture of not more than $100 if the violation involves not more than five ounces,
guilty of a misdemeanor and subject to a fine of not more than $500 if the violation
involves more than five ounces but not more than 20 ounces, and guilty of a
misdemeanor and subject to a fine of not more than $1,000 or imprisonment for not
more than 90 days or both if the violation involves more than 20 ounces. The
prohibition on sales does not apply to a sale of not more than one-quarter of an ounce
to a person who is at least 21 if the compensation the seller receives for the sale is
less than or equal to the amount the seller paid for the marijuana.
If a person who is at least 21 violates the prohibition on distributing, or
possessing with the intent to distribute, marijuana, the person is subject to a
forfeiture of not more than $250 if the violation involves not more than five ounces
of marijuana, and the person is guilty of a misdemeanor and subject to a fine of not
more than $500 if the violation involves more than five ounces. If a person who is
at least 21 violates the prohibition on distributing, or possessing with the intent to
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distribute, marijuana and the recipient is under 21 and at least three years younger
than the person, then the person is guilty of a misdemeanor and subject to a fine of
not more than $1,000 or imprisonment for up to 90 days or both if the violation
involves not more than five ounces and is guilty of a Class H felony if the violation
involves more than five ounces. If a person who is under 21 violates the prohibition
on distributing, or possessing with the intent to distribute, marijuana, the person is
subject to a forfeiture of not more than $100 if the violation involves not more than
five ounces, guilty of a misdemeanor and subject to a fine of not more than $500 if
the violation involves more than five ounces but not more than 20 ounces, and guilty
of a misdemeanor and subject to a fine of not more than $1,000 or imprisonment for
not more than 90 days or both if the violation involves more than 20 ounces. The
prohibition on distribution does not apply if the distribution involves not more than
one-quarter of an ounce and is to a person who is at least 21 or if the distribution
involves less than five ounces and is made to a person who cohabitates with the
distributor.
The bill requires a person to obtain separate permits from DOR to produce,
process, distribute, or sell marijuana or to sell marijuana for on-premises
consumption (marijuana lounge), and requires marijuana producers and processors
to obtain additional permits from the Department of Agriculture, Trade and
Consumer Protection. The requirements for obtaining these permits differ based on
whether the permit is issued by DOR or DATCP but, in general, a person may not
obtain such a permit if he or she is not a state resident, is under the age of 21, or has
been convicted of certain crimes or committed certain offenses. In addition, a person
may not operate under a DOR or DATCP permit within 500 feet of a school,
playground, recreation facility, child care facility, public park, public transit facility,
or library, and a person may not operate a marijuana lounge unless the municipality
or county in which the marijuana lounge is located has enacted an ordinance
authorizing such operation. A person who holds a permit from DOR must also
comply with certain operational requirements.
Under the bill, a permit applicant with 20 or more employees may not receive
a permit from DATCP or DOR unless the applicant certifies that the applicant has
entered into a labor peace agreement with a labor organization. The labor peace
agreement prohibits the labor organization and its members from engaging in any
economic interference with persons doing business in this state, prohibits the
applicant from disrupting the efforts of the labor organization to communicate with
and to organize and represent the applicant's employees, and provides the labor
organization access to areas in which the employees work to discuss employment
rights and the terms and conditions of employment. Current law prohibits the state
and any local unit of government from requiring a labor peace agreement as a
condition for any regulatory approval. The permit requirements under the bill are
not subject to that prohibition.
The bill also requires DATCP and DOR to use a competitive scoring system to
determine which applicants are eligible to receive permits. Each department must
issue permits to the highest scoring applicants that it determines will best protect
the environment; provide stable, family-supporting jobs to local residents; ensure
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worker and consumer safety; operate secure facilities; and uphold the laws of the
jurisdictions in which they operate. Each department may deny a permit to an
applicant with a low score.
The bill prohibits a DOR permittee from selling, distributing, or transferring
marijuana to a minor and from allowing a minor to be on premises for which a permit
is issued. If a permittee violates one of those prohibitions, the permittee may be
subject to a civil forfeiture of not more than $500 and the permit may be suspended
for up to 90 days.
Under the bill, a minor, except a minor who is a qualifying patient, who does
any of the following is subject to a forfeiture of not more than $250: procures or
attempts to procure marijuana from a permittee; falsely represents his or her age or
falsely represents that he or she is a qualifying patient to receive marijuana from a
permittee; or knowingly enters any premises for which a permit has been issued
without being accompanied by his or her parent, guardian, or spouse who is at least
21 years of age.
Under the bill, an individual may cultivate as many as six marijuana plants.
Only a person who has a permit from DATCP may produce or process more
marijuana plants. A person without a permit who possesses more than six but not
more than 12 marijuana plants that have reached the flowering stage is subject to
a forfeiture not to exceed twice the permitting fee ($250 under the bill). If the person
possesses more than 12 plants that have reached the flowering stage, the person is
guilty of a misdemeanor and subject to a fine not to exceed $1,000 or imprisonment
not to exceed 90 days or both. The person is guilty of a Class I felony if the person
also takes action to hide the number of plants he or she has and the person also has
in place a security system to alert him or her to the presence of law enforcement or
a method to intimidate, or a system that could injure or kill, a person approaching
the area containing the plants.
The bill requires DOR to create and maintain a medical marijuana registry
program whereby a person who is a qualifying patient may obtain a registry
identification card and purchase marijuana from a retail establishment without
having to pay the sales or excise taxes imposed on that sale. A “qualifying patient”
is a person who has been diagnosed by a physician as having a debilitating medical
condition such as cancer, glaucoma, AIDS, or another specified condition or is
undergoing a debilitating medical treatment.
Previous convictions relating to marijuana
The bill requires the director of state courts to review records of acts that have
been decriminalized under the bill. If a record is for a conviction for an act that the
bill decriminalizes or lessens the penalty for, the sentencing court must be notified.
If the act was a misdemeanor, the court must dismiss the conviction and expunge the
record or, if applicable, redesignate it to a lesser crime. If the act was a felony, the
court must determine if it is in the public interest to dismiss the conviction and
expunge the record or, if applicable, redesignate it to a lesser crime. The presumption
is that such actions are in the public interest unless there is clear and convincing
evidence that the actions would create a risk to public safety. If the felony is
expunged or redesignated to a misdemeanor or civil forfeiture, the sentencing court
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must determine if there is good cause to restore the person's right to possess a
firearm. Finally, if the record is for an arrest or a charge for an act that the bill
decriminalizes or lessens the penalty for, the director of state courts must expunge
such records.
Registration for THC testing labs
The bill requires DATCP to register entities as tetrahydrocannabinols
(THC)-testing laboratories. The laboratories must test marijuana for contaminants;
research findings on the use of medical marijuana; and provide training on safe and
efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana,
security and inventory accountability, and research on medical marijuana.
Discrimination based on marijuana use
Under the fair employment law, no employer or other person may engage in any
act of employment discrimination against any individual on the basis of the
individual's use or nonuse of lawful products off the employer's premises during
nonworking hours, subject to certain exceptions, one of which is if the use impairs
the individual's ability to undertake adequately the job-related responsibilities of
that individual's employment. The bill specifically defines marijuana as a lawful
product for purposes of the fair employment law, such that no person may engage in
any act of employment discrimination against an individual because of the
individual's use of marijuana off the employer's premises during nonworking hours,
subject to those exceptions.
Under current law, an individual may be disqualified from receiving
unemployment insurance benefits if he or she is terminated because of misconduct
or substantial fault. The bill specifically provides that an employee's use of
marijuana off the empl