West Plains, MO. – This is part 2 of our 5-part Election Day Breakdown on the four Amendments and the Constitutional Question that will be on ballots this Election Day, November 8, 2022. In this article, we will discuss Amendment 3. There is no Amendment 2 in the upcoming election.
What is Amendment 3?
Amendment 3 is also known as the Recreational Marijuana, or Marijuana Legalization, amendment. The amendment was introduced by initiative petition led by LegalMO22, an organization who was created for the purpose of legalizing recreational marijuana in Missouri. If passed, this would allow persons over the age of 21 to purchase marijuana in Missouri.
The following is the ballot language and fair ballot language from the Missouri Secretary of States’ website.
https://www.sos.mo.gov/elections/petitions/2022BallotMeasures
Official Ballot Title:
Do you want to amend the Missouri Constitution to:
- remove state prohibitions on purchasing, possessing, consuming, using, delivering, manufacturing, and selling marijuana for personal use for adults over the age of twenty-one;
- require a registration card for personal cultivation with prescribed limits;
- allow persons with certain marijuana-related non-violent offenses to petition for release from incarceration or parole and probation and have records expunged;
- establish a lottery selection process to award licenses and certificates;
- issue equally distributed licenses to each congressional district; and
- impose a six percent tax on the retail price of marijuana to benefit various programs?
State governmental entities estimate initial costs of $3.1 million, initial revenues of at least $7.9 million, annual costs of $5.5 million, and annual revenues of at least $40.8 million. Local governments are estimated to have annual costs of at least $35,000 and annual revenues of at least $13.8 million.
Fair Ballot Language:
A “yes” vote will amend the Missouri Constitution to remove state prohibitions on the purchase, possession, consumption, use, delivery, manufacture, and sale of marijuana for personal use for adults over the age of twenty-one.
The amendment would also allow individuals with certain marijuana-related offenses to petition for release from prison or parole and probation and have their records expunged; along with imposing a six percent tax on the retail price of recreational marijuana.
A “no” vote will not amend the Missouri Constitution and the sale and use of marijuana for recreational purposes will remain prohibited under current law. Medical marijuana would remain unchanged.
If passed, this measure will impose a 6 percent tax on the retail price of recreational marijuana.
What are the risks? With another intoxicant available for legal purchase, it could be argued that the number of driving under the influence arrests could rise. Defying that expectation, neighboring state Illinois saw a decrease in the number of DUI arrests following the legalization of recreational marijuana. DUI arrests fell for Illinois from over 36,000 arrests in 2013 to 20,131 in 2021. (Source: Illinois DUI Fact Book 2015 & 2022) Illinois is currently the only state that shares a border with Missouri who has legalized marijuana.
What do local legislators think about the amendment?
State representative David Evans is against Amendment 3. In his October 18, 2022 Capitol Report, Evans said “I spent much of my career working as a trial judge addressing drug addictions and the crime that arises therefrom as well as trying to help both kids and adults in Drug Court. There is no doubt in my mind that greater sales of marijuana will lead to the greater availability of marijuana in our homes and ultimately into the hands of our children. “
For a more in depth understanding of his stance, view his Capitol Report for October 18, 2022 https://www.ozarkradionews.com/local-news/rep-david-evans-capitol-report-for-oct-18-2022
How was the amendment introduced? The amendment was introduced by initiative petition led by LegalMO22, an organization who was created for the purpose of legalizing recreational marijuana in Missouri.
Have other states done this and what were the results? Currently, 19 states have legalized recreational marijuana. In neighboring state Illinois, this has been legal since 2019.
In Fiscal Year 2022, the state of Illinois made $445 million in tax revenue from marijuana sales. Since legalization, Illinois has seen a lower rise in violent crimes than Missouri. Illinois saw a 10.6 per 100,000 people increase during this time while Missouri saw a 43.1 per 100,000 people increase. (Source: CDC.gov)
Nationwide, states are seeing a decrease in DUI arrests, regardless of if that state has legalized marijuana or not. In Colorado, one of the first states to legalize recreational marijuana in 2012, 51 of the states’ 64 counties have seen a decrease in DUI arrests, in both urban and rural counties. (Source: https://ors.colorado.gov/ors-dui)
If Colorado and Illinois are any indicators, legalization has no discernable impact in DUI arrests.
