Missouri activists look to place at least three different recreational cannabis legalization initiatives on the 2022 ballot. Each looks to legalize the possession, sale, and growth of recreational cannabis for adults 21 and over. However, each one differs when it comes to record expungement. Experts believe they could cause more harm than good with the different expungement details. 

“My concern is we put something in the Constitution of the State of Missouri that has this level of minutiae, some of which may not be possible,” said Dean Ellen Suni of University of Missouri-Kansas City (UMKC) School of Law. Expungement should be as accessible as possible for those who have already paid their dues in the criminal justice system.

If an expungement program fails, then it not only requires a constitutional change, but it could cause additional problems down the road for others, Suni told reporters. In Missouri, the state has a complex system regarding applying for expungement. Currently, the state doesn’t have digitized criminal records, which leaves the process at a near standstill when someone applies for record expungement. 

Making sure record expungement is done correctly is a key factor in the upcoming 2022 election. Three ballot measures look to expunge previous records, but in different ways. 

Legal Missouri 2022

The first ballot measure has support from many of the state’s medical cannabis license holders along with the NAACP. Legal Missouri 2022 looks to establish a specific timeline of one year with expungement details listed. It would automatically expunge records for those on parole and probation. Those currently incarcerated would need to petition for their record expungement. Additionally, anyone convicted of possessing three pounds or more of cannabis must still serve their full sentence. They do not qualify for any record expungement. 

Fair Access Missouri

The next measure, Fair Access Missouri, asks that people file petitions for their own record expungement. Each application must be for non-violent cannabis crimes. However, each application costs $100. This is less than the current application fee in Missouri, at $250. Nevertheless, it’s an application fee that advocates are against. 

Eric McSwain is the campaign manager for Fair Access. At a virtual town hall meeting, he described the petition as allowing individuals to file for record expungement “when they need it”

“Automatic expungements are notable for taking a long time to implement,” McSwain continued. “And in the case of Legal Missouri 2022, they’re actually going to have to wait for tax revenues to start [generating] in order for those automatic expungements to begin to take place.”

Cannabis Patient Network

The third ballot initiative comes from Cannabis Patient Network. This measure would require the courts of Missouri to immediately expunge the records of civil and criminal records surrounding all nonviolent, cannabis only offenses within 60 days of the bill’s passage. Incarcerated individuals, along with parole and probation individuals, will become released immediately from jail and supervision 

Next Steps

With conflicting parts of each legalization bill, it’s hard to tell how voters will respond, or if one will receive a majority at the polls in November. But the focus is on record expungement it seems.

“Coming up with ways to make expungement meaningful to actually achieve the legislative objectives that were put forward when expungement laws were passed is really kind of the key step,” said the director of public services for UMKC School of Law, Staci Pratt. Record expungement shouldn’t be difficult, but it seems to be in Missouri. This is something activists, lawmakers, and experts say is a prime focus for the 2022 ballot.

“Any act that would mandate the expungement of certain records to remove the individual cost and burden from petitioners would be a welcome change,” explained. St. Louis County Prosecutor Wesley Bell said.

Record expungement starts with getting individuals out of jail, activists agree. Then it continues with repairing lives and giving them direct opportunities to help rebuild their lives for the better. As we get closer to the 2022 general election, we will update you with the latest. 

Make sure to check back for more cannabis, hemp, and psychedelic related news.