A weekly newsletter to keep you informed.
Missouri Legislators Announce Bills to Reduce Marijuana Penalties
By Dan Viets, J.D., SMCR Board Chair
In a press conference at the Missouri state Capitol on the morning of Thursday, February 7, three members of the Missouri House of Representatives announced they are co-sponsoring, along with several other House members, legislation which would significantly reduce the penalties for marijuana and paraphernalia possession in the state of Missouri. Representative Rory Ellinger of University City is the chief sponsor of these bills. Representative Chris Kelly of Boone County and Representative Clem Smith of St. Louis joined with Representative Ellinger to speak in favor of the bills.
One of the bills is modeled on the Columbia ordinance passed by voters there in 2004. It would eliminate the possibility of arrest or jail for marijuana and paraphernalia possession. It would limit fines for such offenses to no more than $250, but it would also specifically encourage the Courts to make use of a disposition known as “Suspended Imposition of Sentence” (SIS) probation. When a Defendant is granted SIS probation, the Defendant is not convicted of the offense and, when that probation is successfully completed, there is no longer any public record of the entire matter.
Decriminalization of marijuana is generally defined as a law which eliminates the possibility of arrest or jail and which limits punishment to a fine only. By that definition, this legislation would be decriminalization, but it is certainly not legalization.
Many members of the state media attended the press conference. Representative Ellinger was asked if this is a “stepping stone” to full legalization. He stated that he was not presently promoting any further reform. However, Representative Kelly, a former Associate Circuit Judge, stated that he supports moving beyond this reform to full legalization, including taxation and regulation of marijuana commerce. Representative Smith stated that his district includes a college campus and that a minor marijuana offense should not haunt a young person for the rest of his or her life.
Joining the three House members were former City of Columbia Prosecuting Attorney Marcie Bower and former University of Missouri Professor of Sociology, Dr. John Galliher. Both of them expressed support for the legislation. Dan Viets of SMCR also took part in the press conference and helped organize it.
The second bill introduced by Representative Ellinger would expand the use of expungement. Presently, only a very few specific offenses can be expunged under Missouri law. This bill would allow for the expungement of all misdemeanor offenses, including marijuana and paraphernalia cases, in both state and municipal courts, with the exception of violent or sex-related charges. Expungement would be available after five years with no additional similar convictions.
Representative Ellinger is requesting that the House Speaker assign both of these bills to committees as soon as possible. It is hoped that a hearing on each bill will be scheduled shortly thereafter. SMCR will keep you informed of the progress of this legislation. Eachof us should immediately contact our Missouri State Representative and urge him or her to join as a co-sponsor of these bills and vote for them.
The Urgency of Now
By Show-Me Cannabis Regulation Executive Director John Payne
The wind is finally at our backs. Cannabis law reform is advancing across the country. A federal proposal to legalize, tax, and regulate marijuana like alcohol was introduced in the House of Representatives this week. Although similar proposals have been introduced before, this time it is sparking widespread discussion -- both among the general public and the political class.
The momentum appears to be picking up in Missouri even faster. When Show-Me Cannabis was founded in the summer of 2011, this issue barely registered on Missouri's political radar. I will admit that I even had my doubts that we would be able to create serious changes. The 2012 campaign to legalize marijuana in Missouri was not successful in its ultimate goal, but it has opened up the discussion and set the stage for a multitude of smaller reforms across the state that can lead us towards full liberty and justice on this issue.
We have a great deal of momentum, and we want to keep building upon it by launching a full advocacy campaign for Representative Ellinger's decriminalization bill. The board has not had a chance to vote on a particular strategy yet, but here are some of the tactics we will be considering:
I will have more specifics as to the full cost of the strategy the board chooses, but to fully fund such a campaign, we will need to raise at least $10,000 over the next few months. We can do that, but only with sustained investments from people such as yourself. There are a number of ways that you can advance this reform:
I often hear people offer conspiracies as to why marijuana is still illegal. The beer companies spend tons of money opposing it, or the pharmaceutical companies don't want the competition from a medicine that anyone can grow. There may be some truth to these claims, but the biggest reason we are still suffering under cannabis prohibition is that many of those who want to end it do not contribute their time and resources into making that change a reality.
Approximately 20,000 Missourians every year are shackled on for the possession of cannabis. We need each and every one of you to join together to end that tragedy by investing with Show-Me Cannabis today. As the beloved Dr. Seuss character the Lorax says, "Unless someone like you cares a whole awful lot, nothing is going to get better. It's not."